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Agenda and minutes

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Items
No. Item

11/22

Appointment of Chair

Minutes:

Councillor Nina Degrads nominated Councillor Karen Jewitt as Chair and Councillor Margaret Bird seconded the motion.

 

The Sub-Committee RESOLVED to appoint Councillor Karen Jewitt as Chair for the duration of the meeting of the Sub Committee.

12/22

Disclosure of Interests

Minutes:

There were none.

13/22

Urgent Business (if any)

Minutes:

There were no items of urgent business.

14/22

LICENSING ACT 2003 - Application for a premises licence at 21-22 Central Parade, New Addington, CRO 0JB

Minutes:

The Licensing Sub-Committee considered the Application for a Premises Licence at 21-22 Central Parade, New Addington, CRO 0JB 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.

 

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 published information.

 

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 and the Council Licensing Policy, RESOLVED to GRANT the application subject to the imposition of the conditions detailed in Appendix A2 agreed with the police and subject to the conditions set out in the operating schedule submitted by the Applicant in Appendix A1, on the basis that the Sub-Committee were satisfied that it would be appropriate to promote the licensing objectives to do so.

 

The reasons of the Sub-Committee were as follows:

 

  1. The Sub-Committee noted that the premises are situated on Central Parade in a lengthy parade of shops with residential premises above the shops. The Sub-Committee heard that there were a number of off-license premises in close proximity to the proposed premises on the parade– one of the parties making representations indicated that half the shops on the parade sold alcohol, another indicated that there were 9 such shops, whilst the another indicated that there were 10 in the parade of over 50 commercial premises, which included a McColls, a Co-op, an Iceland, a Food and Wine convenience store and several takeaway premises

 

 

  1. The Sub-Committee noted that the location of the premises was within one of the areas in which the Cumulative Impact policy adopted by the Councilis in place, which applies in respect of off licences and shops and supermarkets selling alcohol for consumption off the premises. The Cumulative impact policy was introduced due to high levels of alcohol related crime and alcohol related hospital admissions in areas where it is clear that the density of shops selling alcohol for consumption off the premises is significantly higher than in other parts of the borough. The Council policy indicates that reducing availability, affordability and attractiveness are some of the most effective ways to reduce alcohol-harm and related crime.

 

  1. The effect of the Cumulative impact policy is that where relevant representations are received on any new applications for a premises licence to sell alcohol off the premises,  there will be a presumption under the special policy that the application will be refused. The Cumulative Impact Policy is intended to be strict, and will only be overridden in genuinely exceptional circumstances. However, the Licensing Sub-Committee was clear that it considered each matter on its own merits and did not apply this policy inflexibly. It will always consider the individual circumstances of each application; even where an application is made for a proposal  ...  view the full minutes text for item 14/22

15/22

LICENSING ACT 2003 - Application for a review of the premises licence at 3 Brighton Road, South Croydon, CR2 6EA pdf icon PDF 111 KB

           The Sub – Committee is asked to consider the application for a review of the premises licence at 3 Brighton Road, South Croydon, CR2 6EA under the provisions of Section 53C of the Licensing Act 2003 (“The Act”) and pursuant to the provisions of Section 53D of the Act, a review of the Interim Steps imposed.

 

Additional documents:

Minutes:

The Licensing Sub-Committee considered the SUMMARY REVIEW of the Premises Licence at 3 Brighton Road, South Croydon, CR2 6EA under Section 53C of the Licensing Act 2003 and the representations received as contained in the report of the Executive Director ‘Place’ and the additional documentary evidence submitted by the Applicant and Parties to the hearing prior to the hearing and incorporated in the supplementary information published as an addendum to the report and videos considered by the Sub-Committee in private session.

 

The Sub-Committee also considered the representations made by the Applicant, the premises license holders, responsible authorities and other persons and their representatives during the hearing.

 

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 and the Council Licensing Policy, RESOLVED to

Modify the conditions which apply to the license as detailed below in paragraphs 3, 6, 11 and 12 on the basis that the Sub-Committee were satisfied that it would be appropriate to promote the licensing objectives to do so.

 

The Sub-Committee considered that the licensing objectives of the prevention of crime and disorder, public safety and public nuisance were particularly relevant in relation to the consideration of the matter.

 

The reasons of the Sub-Committee were as follows:

 

  1. The Sub-Committee noted that the premises are situated on the A235 two doors down from a residential block of flats, residential premises further along both sides of the Brighton Road, with a small parade of shops with residential premises above on the opposite side of the road and a mental health hospital across the road from the premises. 

 

 

  1. The Sub-Committee noted that not only had the Police raised concerns about serious crime and disorder associated with the premises, as evidenced by, among other matters the stabbing of three persons in the area immediately outside/ on the threshold of the premises, but that the Sub -Committee had also been provided evidence of public safety concerns by Environmental heath, pertaining to fire exits, fire hazards and missing fire extinguishers and public nuisance issues by the Council’s Pollution team and a resident who had been in extensive contact with the premises license holder about the ongoing issues.

 

  1. In respect of the Prevention of Crime and Disorder objective, the Sub-Committee noted that following discussions between the Police and the representative for the Premises License Holders, the below amended conditions had been agreed should the Sub-Committee be minded not to suspend or revoke the license. The Sub-Committee has agreed that the premises license be amended accordingly:

 

·       That the existing conditions 1-6 in Annex2 to the premises license be removed and replaced with the following:

 

1.       Staff must be given training in relation to Licensing Act 2003, conflict management and the protection of children from harm. Refresher training shall be given every 6 months and records shall be kept at the premises and made available for inspection by the police or authorised official from the local authority.

 

2.       All members of staff working at the premises will undertake counter terrorism training, on an  ...  view the full minutes text for item 15/22

16/22

Exclusion of the Press and Public

Minutes:

The Sub-Committee agreed to exclude the press and public during the course of the meeting for the following reasons:

 

The Licensing Sub-Committee deemed it appropriate to exclude the public from part of the hearing having considered the nature of some of the evidence that was to be taken into account. In making this decision, the public interest test was considered, and it was felt necessary to hear the relevant evidence in private, as in doing so it outweighed the public interest in hearing the relevant evidence in public. On this basis the motion was put forward and agreed by the Committee to exclude the press and public for a portion of the meeting.