The Licensing Sub-Committee considered the Application for a Premises Licence at 438 Whitehorse Road, Thornton Heath CR7 8SB and the representations received from responsible authorities as contained in the report of the Executive Director ‘Place'.
The Sub-Committee also considered the verbal representations made at the hearing by responsible authorities. The applicant did not attend and had not submitted any information beyond the application. It was confirmed by the Licensing Manager that the applicant had been notified of the date of the Sub-Committee hearing and had been sent copies of the representations.
The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 and the Council Licensing Policy RESOLVED to REFUSE the application.
The reasons for refusal were that the Sub-Committee was not satisfied that the applicant had the ability to deliver competent management in respect of the licensed premises and activities or to uphold the licensing objectives in respect of public safety or the prevention of public nuisance. Further, the significant concerns raised by the Police and the Food and Safety Manager indicated to the Sub-Committee that its concerns could not be appropriately met by the imposition of conditions to address the fundamental gaps in the operating schedule.
The Sub-Committee had particular concerns relating to:
• The structure of the premises;
• The absence of fire safety assessments, food hygiene arrangements, electrical safety and appropriate access arrangements to the licensed area;
• The fact that at on at least two occasions there was evidence of unlicensed activity going on at the premises despite warnings having been given;
• The lack of detail in the operating schedule that had no specific relationship to the premises in question; and
• The responses of the applicant to the council and police officers to questions regarding how the licensable activities would be carried out and how the licensing objectives would be met.