Agenda and minutes

To approve the minutes of the meeting held on 21 November as an accurate record.

The minutes of the meeting held on 21 November were agreed as an accurate record.

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.

Councillors Clouder and Jewitt declared that they were local ward Councillors for Thornton Heath.

Councillors Clark and Sirisena declared that they were local ward Councillors for Fairfield.

Councillor Pelling declared that he was associated with a charity close to the freeholder of the premises being considered in item 5 of the agenda.

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.

There were no items of urgent business.

The Committee considered the application to vary a street trading licence for 16-26 High Street, Croydon, CR0 1GT (Appendix A).

The Licensing Manager introduced the item, explaining the process of applying for variation to street trading licences and the details of the application before the Committee. The Committee was informed that the application had been sent to responsible authorities and advertised in the local press; no representations had been received.

The applicant briefly explained to the Committee that extending the permitted trading hours would enable the premises to benefit from the pedestrianisation of the high street. 

The Committee RESOLVED to vary (extend) the permitted trading hours for the current licence of 16-26 High Street, Croydonfor the purposes of street trading.

The Committee considered the application for a street designation order for 32-34 High Street, Thornton Heath, CR7 8BF (Appendix B).

The Licensing Manager introduced the item, explaining the process of applying for street designation orders and the details of the application before the Committee. The Committee was informed that the application had been sent to responsible authorities and advertised in the local press; no representations had been received.

The applicant was not present to provide any comment on the application.

In response to questions from the Committee it was confirmed by the licensing manager that the applicant was given 21 days’ notice that their application would be reconsidered at the next available Licensing Committee following the Committee’s decision to defer it on 21 November 2018. This was said to have been hand-delivered to the applicant and the manager of the premises had also assured officers the applicant would be in attendance. 

Members of the Committee were disappointed that their questions regarding the safety of the public along the proposed display area, the size of the display area and its impact on the space in the pavement had remained unanswered.

The Committee RESOLVED to refuse the application of 32-34 High Street, Thornton Heath for the purposes of street trading on the basis that the issues regarding the safety of members of the public within close proximity of the proposed display area could not be ascertained. The Committee further noted that the premises is situated within a designated saturation area and the Committee will generally be minded to refuse the application except the applicant can provide reasons why the Committee should grant an exception; however the despite having notice of the hearing the applicant was unavailable to attending the meeting and provide the Committee with reasons to enable them consider granting the application.

The Licensing Manager was invited by the Chair to present the report to the Committee. The Licensing Manager explained the purpose of the report and the provisions of the Highways Act 1980 and the Local Authorities (Transport Charges) Regulations 1998. The Licensing manager then addressed Members on the proposed recommendations as set out in Section 1 of the Report. 

By specific reference to Appendices 1 & 2 the Licensing Manager explained, as set out in the report, the rationale for the manner in which the proposed fees had been calculated andthe basis of those proposed fees. These were to come into effect on 1 February 2019 upon the Committee’s approval.

The Chair invited members’ questions on the report and presentation.

The Committee heard that the fee structures of other local authorities contained in Appendix 1 of the report were not considered when the London Borough of Croydon set their proposed fees. The cost recovery principle also had to be acknowledged by the Council when setting licence fees to ensure a reasonable charge is imposed on the applicant.

The Committee RESOLVED to agree the recommendations of the report and the setting of Licence fees under the Highways Act 1980 & Local Authorities (Transport Charges) Regulations 1998.

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.”

This was not required.