Agenda item

The Committee was provided with information from a number of officers from across various Council areas who gave Members their service perspective on the controls required for Shisha Bars.

Anti- Social Behaviour

The Committee was informed that officers would work with Shisha Bar owners if there had been anti-social behaviour outside establishments. With regard to licensed premises, most of the work of the team centred around noise nuisance and people congregating outside premises. To date there had been no complaints of anti-social behaviour in or outside Shisha Bars.

Licensing  

The Committee was informed that shisha premises constructed on licensed premises should have conditions contained within their premise's licence which would enable Shisha Smoking to take place in an outside area. Joint working with other Council services could take place regarding the structure which was used for shisha smoking.

Reference was made to the possible use of legislation such as the Local Authority Act 1990 in relation to the possible shisha smoking which took place outside cafes and restaurants, on pavements. Conditions could possibly be applied to premises licences in relation to hygiene / cleanliness of shisha pipes.

Trading Standards

The controls which existed were in relation to the use of tobacco and the sale of tobacco to under 18s, the labelling of the tobacco products and the enforcement of non-duty paid tobacco. Reference was made to Shisha Smoking requiring the same health warning labelling as on cigarette packaging. This could possibly be done on the menu of the establishment and could have similar labelling to cigarettes, to make people aware of the associated health risks for Shisha Smoking.

The use of non-duty tobacco in shisha bars would ultimately be the responsibility of Her Majesty's Revenue and Customs (HRMC), however, close collaboration took place with Trading Standards and HRMC, on drawing attention to any concerns.

Planning Enforcement

Members were informed that planning permission was required for the change of use of a property to a shisha lounge, and for any structure which was built to accommodate shisha pipe smoking.

In the absence of planning permission, such changes of use and structures were unauthorised and If they resulted in harm to the area, planning enforcement notices could be served on the owner and occupier.

The Council usually only became aware of such structures from complaints from residents. Members were informed that the structures became illegal after the expiry of the notice period.

A general discussion took place and particular reference was made to the public health risks associated with Shisha Smoking. Members were provided with a report commissioned by Westminster City Council which looked at the public health implications of Shisha Smoking and officers were asked to provide some feedback to the next meeting of the Committee on the recommendation contained in the report and whether they could be applied to Hillingdon.

Members agreed that education was important, to Shisha Bar owners and to users, to highlight the health and safety risks associated with Shisha Smoking. The Committee asked that education also be extended to schools, to enable the potential dangers of Shisha Smoking to be communicated to young people.

To improve joint working within all areas of the Council a shared updated list of Shisha Bars could be created. The involvement of the Anti- Social Behaviour Investigation Team's Out of Hours officers could help in terms of updating the list as and when new Shisha Bars were located.

RESOLVED –

1. That information provided from the witnesses be noted and be used as part of the evidence for the review.

2.That officers be asked to provide feedback on the recommendations contained in the Westminster report on the Public Health Implications of Shisha Smoking for the next meeting of the Committee.