Agenda and minutes

To appoint a Chair for the duration of the meeting.

Councillor Badsha Quadir nominated Councillor Karen Jewitt as Chair and Councillor Nina Degrads seconded the motion.

The Sub-Committee RESOLVED to appoint Councillor Karen Jewitt 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 Sub-Committee is asked to determine whether to grant the application for a premises licence.

The Licensing Sub-Committee considered the Application for a time limited Premises Licence at Purley Way, Purley Playing Fields Croydon CR2 6BU and the representations received as contained in the report of the Corporate Director, Sustainable Communities, Regeneration & Economic Recovery as well as the supplementary information provided prior to the hearing.

The Sub-Committee also considered the representations made on behalf of the Applicant, an objector and a Ward Councillor during the hearing. The Sub-Committee noted that although some of the objectors were not present at the hearing, they had the benefit of the written representations as part of the report and supplementary information and had regard to them in their decision making.

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 (“the Act”), the Statutory Guidance under S182 of the Act and the Council Licensing Policy, RESOLVED to GRANT the application on the basis that the Sub-Committee were satisfied that it would be appropriate to promote the licensing objectives to do so. The application as granted is subject to the amendments made by the applicant to include conditions agreed with the police and trading standards teams, the conditions offered by the applicant in their operating schedule and the mandatory conditions which are imposed under the Licensing Act 2003.

The reasons of the Sub-Committee were as follows:

1. The Sub-Committee noted that the applicant had done a significant amount of work to engage with and address concerns which had been raised not only by residents but also those of responsible authorities. Even during the hearing, the Applicant took the time to fully address the issues which were raised by those making representations and to address the questions of the sub-committee members.

2. The Applicant has amended their application to reduce the time frame during which it is proposed to undertake licensable activities (live music, recorded music and the sale of alcohol) so that these activities are only due to take place on one day (2^nd July) and then only between the hours of 12 noon and 21:30.

3. The Police have withdrawn their objections in relation to the application on the basis of the ongoing discussions and measures which the applicant has put in place to deal with concerns and this, coupled with the proposed conditions which the applicant has amended their application to include, and the reduction in the duration of the event meant that the police were satisfied with the application from a crime and disorder and public safety perspective. The agreed conditions with the police are replicated at the end of this decision notice for ease of reference.

4. Following discussions with the Trading Standards Officer, the Applicant has agreed to amend their application to include the conditions at Appendix A3 to any license granted and these conditions relate to public safety and protection of children from harm.

5. There were no representations before the Sub-Committee from the Noise nuisance team objecting to the proposals. The testing and setting of the volume levels will be taking place prior to  ...  view the full minutes text for item 81/22

The Sub Committee is asked to determine whether to grant the application for a variation to a premises licence.

The Licensing Sub-Committee considered the Application for a Premises Licence at 31 South End Croydon CR0 1BE and the representations received as contained in the report of the Corporate Director, Sustainable Communities, Regeneration & Economic Recovery.

The Sub-Committee also considered the representations made by the Applicant during the hearing. The Sub-Committee noted that although the objector was not present at the hearing, they had the benefit of the written representations as part of the report.

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003, Statutory Guidance under S182 of the Act and the Council Licensing Policy, RESOLVED to GRANT the application on the basis that the Sub-Committee were satisfied that it would be appropriate to promote the licensing objectives to do so. The grant is subject to the Conditions agreed with the police and offered by the applicant, the Applicant’s operating schedule and the mandatory statutory conditions which apply under the Act.

The reasons of the Sub-Committee were as follows:

1. The Sub-Committee noted that the premises are situated on South End within a parade of shops with residential premises above. There is also a parade of shops on the other side of the road, also with residential premises above them. The immediately surrounding area includes both residential and commercial premises however it is situated in an area often described as the “restaurant quarter” and has numerous restaurants, take aways and food outlets along this stretch of South End. 

2. The premises license sought is only in relation to the provision of late night refreshment. There are no alcohol sales on the premises and none are sought.

3. Following discussions with the Police, the applicant has amended his application to have the conditions at Appendix A2 to the report placed on the license if the application is granted.

4. In addition, the applicant has amended their application to reduce the hours of opening and the hours of licensable activities. The requested terminal hour on Thursday to Sunday to 0100 hours on the following day and that the closing time for the premises will be 0230 hours Monday to Wednesday and 0130 hours Thursday to Sunday.

5. In respect of prevention of public nuisance objective, the Sub-Committee noted the importance of focussing on the effect of the licensable activities at the specific premises on persons living and working (including those carrying on business) in the area around the premises which may be disproportionate and unreasonable, as is suggested by the Statutory Guidance. In this regard the Sub-Committee considered the concerns raised relating to anti-social behaviour arising in the area due to the opening hours and noise disturbance to nearby residential properties but noted in this regard that there were no objections from the police or the noise nuisance team regarding potential crime and disorder or nuisance impacts and no specific concerns had been raised about the operation of the particular premises under consideration but rather a general concern that another premises would create/exacerbate nuisance and/or antisocial behaviour.

6. The Sub-Committee were aware, and had  ...  view the full minutes text for item 82/22

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

Pursuant to the provisions of regulation 14 paragraph (2) of the Licensing Act 2003 (Hearings) Regulations 2005, the licensing authority may exclude the public from all or part of a hearing where it considers that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking place in public. For the purposes of paragraph (2), a party and any person assisting or representing a party may be treated as a member of the public. In light of the possibility of disclosing personal data if the photographs circulated by a party to the hearing were made available in public, members of the committee will be asked to agree to exclude the public from the hearing to enable members to view the photographs on the basis that doing so outweighs the public interest in that part of the hearing taking place in public.

This item was not required.