London nightlife taskforce calls for changes to ‘Agent of Change’ principle
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The Government should strengthen the Agent of Change principle and update planning legislation to achieve a “better balance” between residents and cultural spaces, a ‘taskforce’ of London nightlife professionals has said.
Writing in a report on nightlife in the capital, London’s independent ‘Nightlife Taskforce’ also called for the creation of a new, independent Nightlife Commission to be a "unified voice for the industry and champion the delivery of the recommendations".
Among the 23 recommendations issued in the report, the group called for the Agent of Change principles to be "strengthened" across licensing, environmental protection and planning to provide additional protections for nightlife.
The report was commissioned by the Mayor of London and relied on data analysis and survey responses.
It said: "Despite positive developments like adopting Agent of Change principles into the London Plan, night-time noise complaints continue to be a source of friction and concern.
“Across the surveys and focus groups conducted by the Taskforce, frustrations with noise-related disputes were a common theme amongst venue owners and operators.
"This includes the costs associated with soundproofing, the knock-on effects of reduced volume levels for venues, the time and stress involved in navigating complex noise complaints procedures, and the risk of vexatious complaints tying operators up indefinitely in bureaucratic hurdle."
The agent of change principle encapsulates the position that a person or business introducing a new land use is responsible for managing the impact of that change, including noise concerns.
Publication of the report comes as the Mayor is set to receive new licensing powers from the Government that will allow him to ‘call in’ powers to decide licensing applications of strategic importance, such as for key nightlife venues and supporting more al fresco dining.
On planning and licensing policy, the taskforce called on the Mayor of London and the Greater London Authority to lobby for changes to the Environmental Protection Act 1990 to find a better balance between residents and cultural spaces.
The recommended approach would require a minimum of ten unrelated households to complain before investigations into licensed venues are triggered, mimicking the success of Vibrancy reform in places like New South Wales.
Other recommended updates to planning and licensing policy included piloting the National Licensing Taskforce ambitions into a London Strategic Licensing Policy and service, removing cumulative impact assessments, prioritising London Plan classifications of areas suitable for nightlife use, and developing a London Licensing Operating Standard to "deliver cross-borough consistency".
The taskforce drew on survey results that showed just under half of DIY promoters for nightlight venues said planning constraints were a challenge. Two-thirds (64%) meanwhile said that licensing constraints were an issue.
To tackle this, the report recommended that the new Nightlife Commission should also be able to access a new centralised register, tracking vacant and under-used properties with potential for change of use or temporary nightlife activation.
"This will help connect promoters, operators and cultural organisations to find the spaces they need, reducing vacancy, stimulating local economies and expanding affordable cultural opportunities," it said.
Elsewhere, the taskforce said that London boroughs should develop local Night Time Strategies to support development of the infrastructure and services needed to achieve the Mayor of London's goal of turning London into a 24-hour city.
To support this, the report also recommended the reintroduction of the GLA's Late Night Transport Working Group, which could help align night-time transport with demand.
In addition, the report recommended offering financial assistance to nightlife businesses, which would include lobbying central Government for national nightlife business rates reform and a cost relief scheme for nightlife spaces, the scaling of National Insurance contributions based on turnover, and energy cost support.
Responding to the report, Mayor of London, Sadiq Khan, said the taskforce’s recommendations "set out a bold future for our life at night and I’m committed to working with partners to do all I can to support this".
"This includes receiving new licensing powers from the Government soon that will help us to unlock the potential of our capital’s nightlife, as we build a better London for everyone."
Adam Carey
Litgation Solicitor
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Solicitor - Civil and Criminal Litigation
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