Agenda and minutes

To approve the minutes of the meeting held on 23 November 2021 as an accurate record.

The minutes of the meeting held on 23 November 2021 were agreed as an accurate record.

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

·       9 November 2021 (To Follow)

·       8 December 2021

·       15 December 2021

·       26 January 2022

·       8 March 2022 (To Follow)

The minutes of the following Licensing Sub-Committees were approved as an accurate record:

• 9 November 2021 
• 8 December 2021
• 15 December 2021
• 26 January 2022
• 8 March 2022

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.

Members and co-opted Members of the Council are reminded that, in

accordance with the Council’s Code of Conduct and the statutory

provisions of the Localism Act, they are required to consider in advance

of each meeting whether they have a disclosable pecuniary interest

(DPI), another registrable interest (ORI) or a non-registrable interest

(NRI) in relation to any matter on the agenda. If advice is needed,

Members should contact the Monitoring Officer in good time before the

meeting.

If any Member or co-opted Member of the Council identifies a DPI or

ORI which they have not already registered on the Council’s register of

interests or which requires updating, they should complete the

disclosure form which can be obtained from Democratic Services at any

time, copies of which will be available at the meeting for return to the

Monitoring Officer.

Members and co-opted Members are required to disclose any DPIs and

ORIs at the meeting.

·         Where the matter relates to a DPI they may not participate in any

discussion or vote on the matter and must not stay in the meeting

unless granted a dispensation.

·         Where the matter relates to an ORI they may not vote on the

matter unless granted a dispensation.

·         Where a Member or co-opted Member has an NRI which directly

relates to their financial interest or wellbeing, or that of a relative

or close associate, they must disclose the interest at the meeting,

may not take part in any discussion or vote on the matter and

must not stay in the meeting unless granted a dispensation.

Where a matter affects the NRI of a Member or co-opted

Member, section 9 of Appendix B of the Code of Conduct sets

out the test which must be applied by the Member to decide

whether disclosure is required.

The Chair will invite Members to make their disclosure orally at the

commencement of Agenda item 3, to be recorded in the minutes.

There were none.

The purpose of this report is to seek the Committees decision on the proposal to designate 4 sites in the Borough as a ‘Licence Street for street trading and the granting of a street trading licence under the provisions of the London Local Authorities Act 1990 (as amended).

The Committee considered the application to designate a site on the highway outside 46 High Street, Thornton Heath, CR7 8LE for the purposes of street trading.

The Head of Environmental Health, Trading Standards and Licensing introduced the item, explaining the process of designation for street trading, applying for street trading licences and the details of the application before the Committee. The Head of Environmental Health, Trading Standards and Licensing highlighted the following:

·       That the applicant had asked for a display area to trade and sell fruit and vegetables, Monday to Saturday 9am to 9pm and on Sunday 9am to 5pm.

·       The application sought a trading area of length 2m and width of 2.4m. the total distance from the shop front to the curb was 7.3m. the nearest obstruction was a post which from the left of the display presented pedestrians with a space of 4.2m for clear movement. The section of highway in question was Croydon Council maintained and the minimum required between any display and the curb was 2m.

·       This application was advertised in a local newspaper and the Council had received no comments or objections.

·       An officer had checked the measurements of the site.

·       This site had been issued a temporary license.

·       There were seven other street trading sites nearby the applicant’s premises, six of these sites were licensed to sell fruit and vegetables.

·       The premises was in the saturation zone in the council’s street trading policy.

The Chair invited Committee Members to ask questions of officers regarding the application.

A Member informed the Committee that they had visited the site recently and found that the display that was currently in place had made it difficult for pedestrians to walk past. The Member also stated that a neighbouring site had an application to use a display area refused. There were also other sites along the High Street that protruded too far into the pavement, causing difficulties for the pedestrians as they walked past.

In response to comments from a Councillor, the Head of Environmental Health, Trading Standards & Licensing explained to the Committee that once a license was issued, any overspreading by an individual afterwards would become an enforcement matter.

In response to comments from a Councillor, the Head of Environmental Health, Trading Standards & Licensing explained to the Committee that each application should be treated on its own merits. The saturation policy would come into effect if the number of sites along the High Street would have a detrimental impact on the safe and convenient passage of pedestrians. In this event, the committee may be minded to refuse any further requests for street designations but would consider each applications on its merits.

A Councillor informed the Committee that despite the pavement width being narrower outside one of the sites that had an application rejected recently, this was down to the saturation policy and concerns around safe and convenient passage, rather than the amount of payment space.

In response to a question from a Councillor, the Markets and Street Trading  ...  view the full minutes text for item 5/22

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 item was not required.