Agenda and minutes

Licensing Committee
Thursday, 23rd November, 2017 6.30 pm

Venue: F10, Town Hall, Katharine Street, Croydon CR0 1NX. View directions

Contact: James Haywood
020 8726 6000 x63319  Email: james.haywood@croydon.gov.uk

Items
No. Item

1/17

Minutes of the Previous Meeting pdf icon PDF 64 KB

To approve the minutes of the meeting held on 13 September 2017 as an accurate record.

 

Minutes:

The minutes of the meeting held on 13 September 2017 were agreed as an accurate record.

 

2/17

Urgent Business (if any)

To receive notice of any business not on the agenda which in the opinion of the Chair, by reason of special circumstances, be considered as a matter of urgency.

 

 

Minutes:

There were no items of urgent business.

 

3/17

Disclosure of Interests

In accordance with the Council’s Code of Conduct and the statutory provisions of the Localism Act, Members and co-opted Members of the Council are reminded that it is a requirement to register disclosable pecuniary interests (DPIs) and gifts and hospitality to the value of which exceeds £50 or multiple gifts and/or instances of hospitality with a cumulative value of £50 or more when received from a single donor within a rolling twelve month period. In addition, Members and co-opted Members are reminded that unless their disclosable pecuniary interest is registered on the register of interests or is the subject of a pending notification to the Monitoring Officer, they are required to disclose those disclosable pecuniary interests at the meeting. This should be done by completing the Disclosure of Interest form and handing it to the Democratic Services representative at the start of the meeting. The Chair will then invite Members to make their disclosure orally at the commencement of Agenda item 3. Completed disclosure forms will be provided to the Monitoring Officer for inclusion on the Register of Members’ Interests.

 

Minutes:

There were no discloures made.

 

4/17

Minutes of the last Licensing Sub-Committee meetings pdf icon PDF 58 KB

To approve as an accurate record the minutes of Licensing Sub-Committee meetings held since the last Licensing Committee as follows:

·         Tuesday 12 September 2017

·         Monday 25 September 2017

Additional documents:

Minutes:

The Committee RESOLVED that the minutes of the Licensing Sub-Committee meetings held on 12 September 2017 and 25 September 2017 were a true and accurate record of those meetings.

5/17

Review of Statement of Licensing Policy pdf icon PDF 77 KB

Additional documents:

Minutes:

The Licensing Manager introduced the item and took the Committee through the covering report and appendices. It was explained that there was a statutory requirement to review the Licensing Policy Statement every five years but that the Council could review the policy in the interim should it wish to. The current policy was last reviewed in 2013 and published in 2014.

It was stated that there were only two substantive changes to the current policy proposed.

 

The first was the removal of the Cumulative Impact Zone (CIZ) in a particular area of the town centre. This was proposed on the basis that the area had seen a reduction in pubs and alcohol-centred premises and this meant there was a lack of justification for the particular CIZ in that area. This proposal did not affect the rights of people to apply for a licence and for local residents and responsible authorities to make representations on applications or to apply for reviews of premises licences in the area.

 

The second key change proposed was the removal of specific reference to the Metropolitan Police 696 risk assessment form. The Police had recently reviewed the form and had subsequently taken the decision to withdraw it from use, thus reference to it in the Council policy would no longer be appropriate. It had been replaced with broader terminology reminding licence applicants and holders of the need to risk assess events at their premises.

 

In response to questions from the Committee it was confirmed that there were four other CIZ’s in other parts of the borough and that these all related to off licences. It was confirmed that objections to such applications had to relate to one or more of the four licensing objectives; an objection that there were already other existing off-licences was not something that the Licensing Sub-Committee could consider as it related to commercial need.

 

A question was raised on what effect the removal of the CIZ would have on the application process. The Licensing Manager confirmed that applications for the area would still only be heard by a Sub-Committee if representations were drawn. The main difference would be that the Sub-Committee would no longer have a presumption to refuse.

 

A Member of the Committee stated that a scrutiny review he had been involved with the previous year had prompted the Police withdrawal of the 696 review and wished it placed on record that the scrutiny review had made a number of recommendations that had been included in the revised policy statement.

 

            Councillor Wood arrived at the meeting at 18.58pm.

 

Another Member of the Committee expressed concern over the suggestion that a report, that the Committee had not had sight of, had fed into the proposed changes of the policy statement. It was proposed that in light of this claim, the decision should be deferred to allow Members an opportunity to see the report in question. Concern was raised that representatives of the legal department and the Police were not present to advise  ...  view the full minutes text for item 5/17

6/17

Gambling Act 2005 – Delegation of Decision Making Authority pdf icon PDF 85 KB

Minutes:

The Licensing Manager introduced the report stating that the recommendations looked to address an inconsistency within the Council delegation of powers. Specifically, where there was an intention to cancel or withdraw a Club Gaming or Club Machine permit, and there were no objections from the permit holder, the matter would still be heard by a Licensing Sub-Committee. The recommendations to the Committee were to amend this anomaly and where there are no objections in such cases, and thus no matters to be considered, the decision be delegated to the Director of Safety.

 

There were no questions from the Committee and the recommendations in the report were put to the vote and passed unanimously. The Committee RESOLVED to delegate authority to the Director of Safety to undertake functions pertaining to the cancellation or withdrawal of Club Gaming & Club Machine Permits, including issuing notification of intention to withdraw/cancel Permits, consideration of representations and making a final determination on the matter. Such delegation in relation to the final determination on

cancellation or withdrawal is subject to there not having been a request by a Club Gaming or Club Machine Permit holder for a hearing with regard to a proposal to cancel/withdraw their permit.

7/17

Exclusion of the Press and Public

The following motion is to be moved and seconded where it is proposed to exclude the press and public from the remainder of a meeting:

 

“That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information falling within those paragraphs indicated in Part 1 of Schedule 12A of the Local Government Act 1972, as amended.”

 

Minutes:

Not required.