Agenda and minutes

To appoint a Chair for the duration of the meeting.

Councillor Maddie Henson nominated Councillor Robert Caning as Chair and Councillor Robert Ward seconded the motion.

The Sub-Committee RESOLVED to appoint Councillor Robert Canning as

Chair for the duration of the meeting of the Sub-Committee.

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), an other 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.

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 purpose of this report is to advise the Sub-Committee that an application has been received for a variation to a premises licence under the Licensing Act 2003 (“the Act”). This application is the subject of representations, therefore a hearing is required.

The recording of this meeting can be view by clicking here.

Following the item being heard the Licensing Sub-Committee’s decision was:

The Licensing Sub-Committee considered the variation application for the Premises Licence at 35 Westow Street, Upper Norwood, SE19 3RW contained in the report of the Interim Executive Director ‘Place’ and circulated prior to the meeting.

After considering the information received during the application process along with hearing from the Applicants and Other Persons at the meeting, the Sub-Committee having regard to the licensing objectives under the Licensing Act 2003 (“the Act”), the statutory guidance issued under S.182 of the Act and the Council’s Statement of Licensing Policy, RESOLVED to GRANT the variation application for the existing premises licence.

In summary, the Sub-Committee accepted that the Licensing Objectives would not be undermined by the premises licence being varied. The application has been granted with the following amendment and additional conditions, notwithstanding those set-out within Appendix A1 and A3 of the Report;

i)     Amendment to the application:

The sale and supply of Alcohol, Recorded Music and Late Night Refreshment will cease 30 minutes before the terminal hour each day, to allow for a drinking and eating up time along with a winding down period before the premises closes.

ii)    Additional Conditions:

1.    Any background music played in the outside area must be at level that allows for a face to face conversation at a normal speech level.

2.    There shall be no music played in the outside area after 22:00 hours.

Reasons for the decision;

The Sub-Committee, took into account the following reasons, when making their decision:

1. The information provided both before and at the hearing assisted the Sub-Committee in clarifying the type of operation along with how the premises is currently run.

2. It was noted that no Responsible Authority had either made and/or maintained any representation subsequent to the application being made. The Sub-Committee noted that discussions had taken place with the police during the application process, which resulted in the proposed additional conditions being presented within appendix A3 of the Report.

3. In making their decision the Sub-Committee duly noted the concerns raised by the Other Persons, as to the perceived public nuisance and crime and disorder that may arise with the granting of the additional hours in addition to the history of interaction with the premises during its operational hours.

4. Concerns of ‘licence creep’ and longer hours that other premises had in the area were also noted, along with the issues of nuisance caused by patrons in the area in terms of ‘people traffic’ and ‘people noise’. However, the Sub-Committee in making their decision, were primarily concerned with considering the merits of this application and whether the granting of longer licensable hours would in itself undermine the licensing objectives.

5. As such, having regard to issues and concerns raised, the Sub-Committee were satisfied that the premises had operated in a largely responsible manner and when required had appropriately engaged with residents in the area.

6. The Sub-Committee also noted the necessary  ...  view the full minutes text for item 45/21

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.