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Agenda and minutes

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Contact: Democratic Services  Email: democractic.services@croydon.gov.uk

Items
No. Item

1/22

Appointment of Chair

To appoint a Chair for the duration of the meeting.

Minutes:

Councillor Nina Degrads nominated Councillor Patsy Cummings as Chair and Councillor Margaret Bird seconded the motion.

 

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

2/22

Disclosure of Interests

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.

Minutes:

There were none.

 

3/22

Urgent Business (if any)

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.

 

Minutes:

There were no items of urgent business.

 

4/22

LICENSING ACT 2003 - Application for a premises licence at 19 High Street, South Norwood, SE25 6EZ pdf icon PDF 106 KB

The Sub-Committee is asked to determine whether to grant the application for a premises licence at 19 High Street, South Norwood, SE25 6EZ.

Additional documents:

Minutes:

The Licensing Sub-Committee considered the Application for a Premises Licence at 19 HIGH STREET, SOUTH NORWOOD, SE25 6EZ and the representations received as contained in the report of the Corporate Director, Sustainable Communities, Regeneration & Economic Recovery, the additional documentary and audio evidence submitted by the Parties to the hearing prior to the hearing and the information incorporated in the supplementary documentation published as an addendum to the report.

 

The Sub-Committee also considered the representations made by the Applicant and the objectors and their representatives during the hearing. The Sub-committee noted that whilst not all those making representations were before the Sub-Committee at the hearing, it had the benefit of their written representations and had regard to these in reaching its decision.

 

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 (“the Act”) and the Council Licensing Policy, RESOLVED to GRANT the application as amended subject to conditions set out in the Applicant’s operating schedule, in Appendix A2 to the report and as detailed below in paragraph 13 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 objective of the prevention of public nuisance was 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 A213 in a parade of shops with residential premises above and were surrounded by residential premises, including three blocks of flats nearby and a nursing home in close proximity to the premises.  There was also a parade of shops on the other side of the road, also with residential premises above them.

 

  1. As set out in the Council’s statement of Licensing Policy and in the Statutory Guidance to which the Sub-Committee must have regard in considering matters under the Act; the planning and licensing regimes involve consideration of different matters. The Sub-Committee noted that planning permission is currently outstanding in respect of the premises but that this would not preclude the Licensing Sub-Committee from making a determination regarding Licensing matters under the Licensing Act 2003. The Licensing Sub-Committee were clear that they are not able to make determinations pertaining to planning  or building control matters – for example the nature or suitability of a building from a planning or building control perspective, the “change of use” arguments, the flue or siting thereof, the sufficiency of facilities and the parking situation are not matters for the Licensing Sub-Committee to consider or determine, nor is the Licensing Sub-Committee bound by decisions made by a planning committee, and vice versa. However, there are circumstances when, as a condition of planning permission, a terminal hour has been or is subsequently set for the use of premises for commercial purposes. Where these hours are different to the licensing hours, the applicant must observe the earlier closing time. Premises operating in breach of their planning permission could be liable to prosecution under planning  ...  view the full minutes text for item 4/22

5/22

LICENSING ACT 2003 - Application for a premises licence at 77-79 Mitchley Avenue, Croydon, CR2 9HN pdf icon PDF 106 KB

The Sub-Committee is asked to determine whether to grant the application for a premises licence at 77-79 Mitchley Avenue, Croydon, CR2 9HN.

Additional documents:

Minutes:

The Licensing Sub-Committee considered the Application for a Premises Licence at 77-79 Mitchley Avenue, Croydon, CR2 9HN 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 and their representative during the hearing. The Sub-committee noted that whilst those making representations were not before the Sub-Committee, it had the benefit of their written representations and had regard to these in reaching its decision.

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 and the Council Licensing Policy, RESOLVED to GRANT the application as amended, subject to the conditions set out in the operating schedule and those set out in Appendix A2 to the report 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 objective of the prevention of public nuisance was particularly relevant in relation to the consideration of the representations on the matter.

The reasons of the Sub-Committee were as follows:

  1. The Sub-Committee noted that the premises are situated on the A2022 in a parade of shops, comprising only two other premises with residential premises above and surrounding the premises on all sides with gardens of residential premises backing onto the rear of the premises. 
  2. The Sub-Committee had regard to the Council’s Statement of Licensing Policy which provides that the Council will treat each case on its individual merits, however, in general, it will not grant permission for licensable activities beyond 2330 hours on Sundays to Thursdays and Midnight on Fridays and Saturdays in respect of public houses situated in areas having denser residential accommodation. The Council would expect good reasons to be given to support any application for extensions beyond these hours, including addressing possible disturbance to residents. The Sub-Committee were mindful that although this area was certainly one of denser residential accommodation, the proposed premises license was not for a public house but for a restaurant which sought on sales of alcohol, which sales would only be made with a table meal.
  3. The Sub-Committee noted that following discussions with the Police and the Council’s Trading Standards team, the Applicant had amended their application to have the conditions set out at Appendix A2 to the report placed on their license if the Sub-Committee were minded to grant the application.
  4. The Sub-Committee noted the representations that indicated there were proposals to offer drinking and dining in the rear courtyard of the premises as well as on the pavement. The Sub-Committee were clear that this was not the application before them for consideration and in addition, any use of the pavement would, unless it was private forecourt, be subject to application for use under a different licensing regime if the Applicant wished to make use of it in that way.
  5. In respect of Prevention of Public Nuisance, the Sub-Committee noted the importance of focussing on the effect of the licensable activities  ...  view the full minutes text for item 5/22

6/22

LICENSING ACT 2003 - Application for a premises licence at 290 Lower Addiscombe Road, CR0 7AE pdf icon PDF 106 KB

The Sub-Committee is asked to determine whether to grant the application for a premises licence at 290 Lower Addiscombe Road, CR0 7AE

Additional documents:

Minutes:

The Licensing Sub-Committee considered the Application for a Premises Licence at 290 Lower Addiscombe Road, CR0 7AE 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 whilst those making representations were not before the Sub-Committee, it had the benefit of their written representations and had regard to these in reaching its decision. The Sub-Committee noted that the written representations comprised those which were in support of the proposed premises as well as those which opposed the premises license application.

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 and the Council Licensing Policy, RESOLVED to GRANT the application as amended, subject to conditions set out in the applicants’ operating schedule and in Appendix A2 and A3 to the report 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 objective of the prevention of public nuisance was particularly relevant in relation to the representations in opposition of the application. 

The reasons of the Sub-Committee were as follows:

  1. The Sub-Committee noted that the premises are situated on the A222 in a parade of shops with residential premises above and were surrounded by a number of commercial premises on both sides of the road. There were residential premises, to the rear of the premises along Fernwood Road and Sherwood Road and residential properties diagonally across the A222 along Blackhorse Lane. There are a number of other licensed premises in the area including takeaways, shops and restaurants.
  2. The Sub-Committee noted that following discussions with the Police and the Council’s Pollution Team, the applicant has amended their application to have the conditions at Appendix A2 and A3 to the report placed on their license if the Sub-Committee is minded to grant the application. These included conditions that there would be no external music played at the premises.
  3. The Sub-Committee were pleased to note the engagement which the Applicant had undertaken with residents, businesses in the surrounding area and responsible authorities in considering how the proposed premises would impact on the area including the obvious consideration given to those living above the premises which the Applicant had demonstrated.
  4. The Sub-Committee had regard to the Council’s Statement of Licensing Policy which provides that: “Croydon has a diverse residential community and needs to be able to offer that community venues that meet its needs, offering as wide a range of entertainment, food and leisure as is possible” in addition, “The Council recognises that the diversity of premises selling alcohol, serving food and providing entertainment covers a wide range of contrasting styles and characteristics and will have full regard to those differences and the differing impact these will have on the local community.”
  5. In respect of Prevention of Public Nuisance, the Sub-Committee noted the importance of focussing on the effect of the  ...  view the full minutes text for item 6/22

7/22

Exclusion of the Press and Public

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.

Minutes:

This item was not required.