Decisions

Approval to enter into a Call off contract for the supply to Havering Schools for the supply of fresh and frozen fruit and vegetables for the school catering services.

Report agreed without division.

Report agreed without division.

Report agreed without division.

Noted by Council, without division.

A.   PLANNING CALL-IN PROCEDURE

 

Amendment by Conservative Group CARRIED by 27 votes to 17 with 6 abstentions and AGREED as substantive motion by 28 votes to 21 with 2 abstentions.

 

B.   RAINHAM CREEK, BRIDGE ROAD, RAINHAM

 

Amendment by Conservative Group CARRIED by 39 votes to 5 with 4 abstentions and AGREED as substantive motion by 43 votes to 5 with 2 abstentions.

 

C.   NHS TEST, TRACK AND TRACE

 

Amendment by Conservative Group CARRIED by 43 votes to 6 with 1 abstention and AGREED as substantive motion by 43 votes to 7 with 1 abstention.

 

D.   GOVERNMENT PLANNING PROPOSALS

 

Amendment by Conservative Group CARRIED by 29 votes to 18 with 3 abstentions; amendment by Independent Residents’ Group NOT CARRIED by 29 votes to 20 with 2 abstentions. Amendment by Conservative Group AGREED as substantive motion by 30 votes to 19 with 1 abstention.

Fifteen questions submitted and answered at the meeting.

 

Procedural motion to suspend Council Procedure Rule10.7 to allow completion of Council questions, AGREED without division.

There were no petitions presented.

There were no disclosures of interest.

Minutes agreed as a correct record.

Received from Councillors Tele Lawal (part of meeting) and Natasha Summers.

Report agreed without division.

It was RESOLVED to exclude the Press and public from the remainder of the meeting on the grounds that it was likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public were present during these items there would be disclosure to them of exempt information within the meaning of paragraph 3 of Schedule 12A to the Local Government Act 1972.

The minutes of the meeting of the committee held on 18 October 2019 were agreed as a correct record and signed by the Chairman.

The Leader approved two approaches:

 

·       Where the Council is the landlord, that it revises the payment terms further so that the rent for community halls can be repaid over a longer period, reflecting the predicted recovery of activity as the current lockdown eases and their cashflow returns. Individual repayment plans will be offered to these community halls that aim to make payments affordable in the short term but which will ensure that all rent and arrears are repaid by 31 March 2023.

 

·       Separately, from a community engagement point of view, it is proposed that where a community association leases a community hall from the Council, they will be invited to submit an application by a given deadline should they believe they are eligible for a rescue package. Once the deadline has passed, all applications will be considered and grants will be allocated based on the severity of the financial challenge faced by each organisation. The resulting package of financial support should not exceed £10,000 per centre and there should not be more than one package per centre. The total rescue programme will be capped at £100,000.

 

 

Cabinet resolved to exclude the press and public at this point and the meeting continued in closed session.

Cabinet will be asked to adopt a Statement of Licensing Policy 2021-2026 for the London Borough of Havering as required by the Licensing Act 2003.

Cabinet:

 

Adopted the Statement of Licensing Policy 2021-2026.

 

 

 

To agree the proposed update for the Havering & Wates JV business plan and associated decisions.

Cabinet:

 

1.          Agreed to the inclusion of a budget of up to £102.3m equity for the 12 Sites and Chippenham Road scheme together with a budget of £58.7m for potential land acquisition/CPO costs within the proposed HRA capital programme, noting that the HRA capital programme recommended by Cabinet on 17 February 2021, and approved by Full Council on 3 March 2021 includes the necessary capital funding to progress the regeneration.

 

2.     Approved the Havering and Wates Regeneration Joint Venture Business Plan dated January 2021, as contained in exempt Appendix 3.

 

3.      Agreed to further forward funding for the remainder of phase 1 of the 12 Site Programme up to £9.7 million;for the development of Solar, Serena and Sunrise Courts (£1.6 million [to total £17.5m]) and the Waterloo and Queen Street Estate (£8.1 million [to total £22.7m]) and delegated authority to the Director of Regeneration to enter into the necessary forward funding agreements.

 

4.          Approved the removal of the Farnham and Hilldene estate from the 12 site regeneration programme, noting that the scheme would be subject to a future approval by Cabinet to be taken forward under a Council-led approach.

 

5.          Approved the budget of up to £0.6 million to fund the remediation works on the Solar Serena Sunrise Estate and delegated authority to the Director of Regeneration in consultation with the Director of Legal and Governance to enter into contract with the Havering and Wates JVLLP to carry out the remediation works on the site, noting that the HRA capital programme recommended by Cabinet on 17 February 2021, and approved by Full Council on 3 March 2021 includes the necessary capital funding to progress the works.

 

6.          Delegated authority to the Director of Regeneration in consultation with the Director of Housing and Director of Legal and Governance to enter into a contract with the Havering and Wates JVLLP to provide a longstop arrangement, where the Council would acquire any open market units on the Solar Serena Sunrise estate, which remain unsold after 18 months from practical completion of the development for a value equivalent to 75.0 per cent of open market value for units earmarked for private sale and 61.6% per cent of open market value for units earmarked for shared ownership, noting that any acquisitions would be funded from the existing affordable housing HRA capital budget set aside for the scheme.

 

7.          Approved the budget of up to £7.0 million to fund the offer to purchase family homes (3 bed or larger) from prospective buyers on the Solar Serena Sunrise Estate, noting that the HRA capital programme recommended by Cabinet on 17 February 2021, and approved by Full Council on 3 March 2021 includes the necessary capital funding to fund the acquisitions.

 

8.          Delegated authority to the Director of Regeneration to enter into variations of any of the existing joint venture documentation, which is required to implement any of the recommendations, contained in the report.

 

9.          Delegated authority to the Director of Regeneration to consider the appropriation of land at the appropriate time at Waterloo and Queen Street Estate from the Housing Revenue Account (HRA) to the General Fund, for planning purposes and to consider the appropriation of land at the appropriate time at Waterloo and Queen Street Estate back to the HRA.

 

10.      Approved the budget of up to £5.0 million to fund the cost of compensation of Appropriation linked to the Waterloo and Queen Street Estate, noting that the HRA capital programme recommended by Cabinet on 17 February 2021, and approved by Full Council on 3 March 2021 includes the necessary capital funding to fund the compensation.

 

11.      Delegated authority to the Director of Regeneration to make all further changes to the documentation consequent on the recommendations in this report that the Director considers necessary or in his opinion appropriate from time to time

 

 

Cabinet will be asked to agree the delivery method for the Regeneration of the Hilldene, Farnham, Chippenham and hostel site.

This will include:

*Appropriation of the land as necessary for regeneration of the sites

*Approval of required HRA and general fund funding and to utilise external grant funding to deliver the scheme (subject to 2021/22 budget setting process)

*Approval to commence community engagement activities with the local community

Cabinet:

 

(Please note the amended recommendation 4 from that shown in the report)

 

1.          Approved the strategy to deliver three sites under a single design vision, the considered sites include Farnham and Hilldene district town centre District Centre, Chippenham Rd and the Abercrombie Hostel sites and the former Library site (“the Combined Scheme”) as noted in Fig 1 where the red line boundary is edged at Appendix 1.

 

2.          Approved the Council-led funding and direct delivery of the regeneration of Farnham and Hilldene district town centre Farnham and Hilldene district town centre, as detailed in paragraphs 10.16 to 10.34 of the exempt Report.

 

3.          Approved the Council-led funding and direct delivery of the Family Welcome Centre and Medical Centre at the Abercrombie Hostel Site as detailed in paragraphs 10.01 to 10.38 of the Report.

 

4.          Approvedthe closure of the existing Abercrombie Hostel prior to the development of the Family Welcome Centre and the closure of the existing Will Perrin Hostel after the development of the new Family Welcome Centre. (Amended from recommendation 4 shown in the report as agreed by Cabinet)

 

5.          Noted the update on the projected costs to deliver the regeneration of Chippenham Road via the existing arrangements with the Havering and Wates Regeneration LLP as detailed in paragraphs 10.01 to 10.27.

 

6.          Noted a HRA capital budget of £45.139 million has been included within the proposed HWR 2021/22 budget to progress the Chippenham Road scheme.

 

7.          Agreed to endorse and recommend the budget of £192.817 million to progress the Council-led regeneration of the Farnham and Hilldene district town centre Farnham and Hilldene district town centre and the Abercrombie Hostel Site, noting thatthe HRA capital programme approved by Cabinet on 17 February 2021, and ratified by Full Council on 3 March 2021, includes the necessary capital funding to progress the regeneration.

 

8.          Agreed to endorse and recommend the inclusion of a budget of £4.602 million to progress the regeneration of a Medical Centre at the Abercrombie Hostel Site and £17.051 million for the development of a new commercial offering on the Farnham and Hilldene district town centre Farnham and Hilldene district town centre within the proposed General Fund Capital programme, noting thatthe General Fund capital programme approved by Cabinet on 17 February 2021, and ratified by Full Council on 3 March 2021 includes the necessary capital funding to progress the regeneration.

 

9.          Agreed to delegate to the Lead Member for Housing, after consultation with the Director of Housing and Director of Regeneration, the authority to approve the Farnham and Hilldene district town centre and Chippenham Road ballot (if required) including any ballot communication plan.

10.      Noted the continuation of the extensive stakeholder engagement and consultation programme identified within the body of this report.

 

11.      Noted officers are in the process of preparing an executive decision seeking approval to make application to the GLA for the provision of grant funding to support the delivery of affordable homes on the Farnham and Hilldene district town centre Farnham and Hilldene district town centre and Chippenham Road. In order to accept any funding offer and enter into the necessary formal contract(s), a full cabinet report will be brought forward for consideration.

 

12.      Authorised the Director of Regeneration after consultation with the s151 Officer and the Director of Housing to consider the appropriation between the general fund and HRA accounts of the Council and to implement such appropriation as necessary to develop Farnham and Hilldene district town centre, Chippenham Road and Abercrombie Hostel sites.

 

13.      Authorised the Director of Regeneration after consultation with the S151 Officer and the Director of Housing to consider and implement the appropriation of land for planning purposes, subject to the agreement of the Secretary of State, to facilitate the development of Farnham and Hilldene district town centre, Chippenham Road and Abercrombie Sites and approve an application to the Secretary of State for appropriation under section 19(2) of the Housing Act 1985 (the precise areas of land to be appropriated to be decided).

 

14.      Noted that the Director of Regeneration will undertake soft market testing to establish main interest in the project and a detailed non-key decision on procurement commencement post checkpoint 1 will be provided for formal approval in line with the Constitution and Contract Procedure Rules.

 

The Leader of the Council is asked to approve the request for funding from the Clinical Commissioning Group for unfunded costs solely in support of Covid-19 vaccine deployment.  This is a decision made by way of Special Urgency.

 

Licensing Act 2003

Notice of Decision

 

 

 

 

 

PREMISES

Dareus Deals

6 Pretoria Road

Romford

RM7 7AS

 

APPLICANT

Adesewa Onajobi

 

 

 

1.     Details of requested licensable activities

The application for a premises licencewas made by Dareus Deals Ltd under section 17 of the Licensing Act 2003. The application was received by Havering’s Licensing Authority on 11 January 2021.

 

 

The application is to permit the following licensable activity:

 

Off-supplies of alcohol
Day	Start	Finish
Monday to Sunday	07:00	23:00

 

Comments and observations on the application

 

The application contains the following clarifying details:

 

·         Alcohol sales and orders will be conducted on-line.

·         A small amount of products may be held at this property as most fulfilment of orders will be handled by other distribution partners and Amazon.

·         Amazon requires all companies selling products through their online services to have their own premises licence. This is an application primarily to enable that relationship.

·         Sales online may occur 24 hours each day, but fulfilment of orders will occur only between 0700 – 2300hrs on any day.

·         No public callers will attend the premises.

 

 

Comments on the application

 

In response to contact from the Licensing Authority the applicant reduced the terminal hours for the two non-standard timings to the hours detailed below.

 

·         the application has been amended to reduce the hours of operation from 0700 – 2300hrs to 0700 – 1700hrseach day and to add these extra conditions:

·         No deliveries shall be despatched direct from the licensed premises.

·         All orders for alcohol held at the licensed premises shall be taken from the licensed premises by the licence holder to be despatched from a Post Office or other courier service despatch point or via UPS collection to AMAZON.

·         No individual(s) will visit the licensed premises address to purchase any alcohol.

·         No courier services shall be permitted to collect alcohol from the address for direct delivery to a customer.

 

 

2.     Promotion of the Licensing Objectives

 

The Licensing Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under Section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy. 

 

The applicant acted in accordance with regulations governing the advertising of the application.

 

3.     Details of Representations

 

There were no representations opposing the application from responsible authorities.

 

There were eighteen representations against this application from nearby residents. Eleven of the eighteen representations against the application, made by nearby residents had withdrawn their representations following discussions with the applicant’s agent.

 

The remaining seven representations against the application were considered at the hearing which included two residents who attended the hearing to make oral representations.

 

The applicant was present for the hearing along with a Licensing Consultant who made submissions in support of the application.     

 

 

 

 

 

4.        Determination of Application

 

The Sub-Committee considered the application for a premises licence for Darius Deals ltd situated at 6 Pretoria Road Romford RM7 7AS.

 

The Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under S182 of the Licensing Act and the Council’s own Statement of Licensing Policy. 

 

Where relevant representations are made, the authority must hold a hearing and then take such steps as it considers necessary for the promotion of the licensing objectives (section 18(3), LA 2003). These steps may include rejecting the application or modifying the conditions to the extent that the authority considers necessary for the promotion of the licensing objectives

The Sub-Committee heard from a resident who took the opportunity to reiterate the written representations.

-          The main concern related to deliveries being delivered to and from the premises.

-          Delivery drivers causing nuisance by being noisy when delivering items at the premises

-          Delivery drivers parking their vehicles on the road and pavements inconsiderately effecting local residents including families who attend a nursery further along the road

-          The objector’s concerns remain that delivery drivers will disturb her mother and her enjoying their garden, due to delivery drivers attending the applicant’s premises frequently.

The Sub-Committee heard from another resident who explained her concern in respect of the business, that the area was a quiet residential road.

The Sub-Committee heard from the applicant Adesewa Onajobi and her representative Michael Nickson. They reiterated the business model as per the written application and representations found in the agenda and the supplementary agenda apart from,

 

-          The purpose of seeking the license was to enable the applicant to establish a business relationship with Amazon. Amazon requires that any sales of alcohol or alcohol related products can only be done if the applicant has a premises licence permitting the sale of alcohol.

-          The nature of the products the applicant offers for sale are seasonal gift packages which can range from chocolates that have alcohol ingredients to bottles of prosecco. The applicant does not intend to sell individual bottles of spirits but seeks to sell gift sets, which may include alcohol.

-          The applicant seeks to use a part of her garage (the premises), as outlined in the agenda pack, to stock few items that can be used to model gift sets.

-          Amazon will keep products for sale in their warehouse from where the products will be dispatched.

-          The applicant’s supplier of products will deliver goods directly to Amazon. Amazon will pack and bundle the products according to the model samples sent to them by the applicant.

-          Products kept at the garage will be limited to around 10 items and will occupy only 1% of the garage space.

-          The products are kept at the premises to allow the applicant to assemble tailored gift sets. Pictures of the final gift sets are sent to Amazon. Amazon then assemble and dispatch the gift sets from their warehouse as per the model product.

-          Delivery services to the premises are engaged to collect the model products from the premises and sent to Amazon or UPS delivery sites. No such deliveries will take place on the weekends.

-          There will be no large quantities of stock kept on the premises including alcohol

-          There will be no sales to individuals from the premises

-          There has been no representations from any relevant authority against the application

-          11 of the 18 representations from neighbours have been withdrawn after clarification of the business model

-          The premises is not situated in a Cumulative Impact Zone

-          The premises operates a floodlights system and CCTV for security.

Having considered and heard all of the evidence listed above, the Sub-Committee was of the view that the premises licence be granted as follows:

The conditions are as follows:

 

Licensable Activities:

 

Sale of Alcohol off premises only

 

Monday to Sunday 0700 to 1700 hours

 

Conditions:

 

In reaching this conclusion the Sub-Committee have taken into account conditions proposed by the applicant in the operating schedule and the further conditions proposed by the applicant in the supplementary agenda pack which are as follows

 

-          No deliveries shall be despatched direct from the licensed premises.

-          All orders for alcohol held at the licensed premises shall be taken from the licensed premises by the licence holder to be despatched from a Post Office or other courier service despatch point or via UPS collection to AMAZON

-          No individual(s) will visit the licensed premises address to purchase any alcohol.

-          No courier services shall be permitted to collect alcohol from the address for direct delivery to a customer

 

 

 

 

The Sub-Committee also stipulated the following condition;

 

Deliveries

 

-          No deliveries, to the premises or from the premises, are permitted to take place on Saturdays and Sundays,  which concerns the sale of alcohol or receipt of alcohol for the purposes of any online business sales connected to Darius Deals ltd

 

The condition have been added to the premises licence to promote the licensing objectives of prevention of Public Nuisance. The Sub-Committee consider the condition to proportionate, justifiable and be capable of being met taking into account the size, type, location and characteristics and activities taking place at the premises concerned

 

The Sub-Committee accepted the representations from the local residents that delivery and pick up of business products from the premises were likely to cause public nuisance to residents in the near proximity of the premises given the premises is on a residential street.

 

The Sub-Committee seek to promote the licence objective of prevention of public nuisance by preventing such deliveries to take place on the weekend where generally a large number of the population will be at home and away from work and the nature of the premises is on a residential street. The Sub-Committee are concerned that as the business will grow, it is likely the applicant will need to dispatch more model products to Amazon or UPS in order for them to bundle the supplies in the warehouse. In addition, it is likely during certain months of the year, where seasonable gifts are more in demand, the applicant is likely to have an increase of model products being picked up from her premises and sent to Amazon who will bundle and dispatch all like sales.

 

The Sub-Committee also considered the Secretary of State’s National Guidance 182 guidance, which states that individuals other than the applicant are accountable in their own right. In this case, the principle extends to delivery drivers who have a personal reasonability in the manner they conduct deliveries, not to cause public nuisance. On balance of evidence presented at the hearing by all parties, the Sub-Committee noted that the premises is on a residential street, surrounded by residential homes in a quiet street and the business model relies on model products being delivered to and from the premises therefore is it is proportionate to restrict deliveries to weekdays only  to prevent public nuisance

 

Finally, the Sub-Committee appreciated that the applicant had stated deliveries will only take place during the weekdays and not the weekend, however in any event, the Sub-Committee feel such condition is necessary for the promotion of the licensing objectives. Having considered and heard all of the evidence listed above, the Sub-Committee decided to grant the application.

 

 

 

 

 

Right of Appeal

 

Any party who has made a relevant representation may appeal to the Magistrates’ Court within 21 days of notification of the decision.

 

On appeal, the Magistrates’ Court may:

1.         Dismiss the appeal; or

2.         Substitute the decision for another decision which could have been made by the Sub Committee; or

3.         Remit the case to the Sub Committee to dispose of it in accordance with the direction of the Court; and

4.         Make an order for costs as it sees fit.

 

Approval to award a contract for the delivery of a support service contract for three years