Agenda and minutes

To appoint a Chair for the duration of the meeting.

Councillor Nina Degrads nominated Councillor Karen Jewitt as Chair and Councillor Ian Parker 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 variation to a premises licence at 6 The Parade, 258 Coulsdon Road, Old Coulsdon.

The Licensing Sub-Committee considered the Application for a Variation to a Premises Licence at 6 The Parade 258 Coulsdon Road, Coulsdon, CR5 1EH 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 an objector during the hearing, and the documents submitted by the Applicant in support of their application. The Sub-Committee noted that although some of the objectors were not present at the hearing, they had the benefit of their written representations as part of the report.

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 the Statutory Guidance issued under S182 of the Licensing Act 2003 and the Council Statement of 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 reasons of the Sub-Committee were as follows:

1. In respect of the prevention of crime and disorder objective, the Sub-Committee noted that there was no objection to the Application from the Police, and noted also that in accordance with the Statutory Guidance the Police should usually be the licensing authority’s main source of advice on matters relating to the promotion of the crime and disorder licensing objective.

2. In respect of prevention of public nuisance objective, the Sub-Committee noted the importance of focussing on the effects of the variation 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. The Sub-Committee also noted this may include in appropriate circumstances the reduction of the living and working amenity and environment of other persons living and working in the area of the licensed premises.

3. The Sub-Committee noted that there was no objection to the Application from Environmental Health, which is the main source of advice in relation to the public nuisance licensing objective.

4. In this regard the Sub-Committee considered concerns raised relating to an increase in noise nuisance to residents generally, from customers leaving the premises later in the evening and from recorded music and live music, and from customers sitting in outside areas at the premises. The Sub-Committee also considered concerns raised about an increase in the number of people on The Parade and in an alley next to the premises, and possible increases in anti-social behaviour, and littering.

5. The Sub-Committee also considered the specific concerns raised by a resident living above the premises relating to an increase in noise nuisance from recorded and live music, and from customers sitting in outside areas, and from customers leaving the premises later in the evening.  

6. As regards possible increases in anti-social behaviour, and littering, the Sub-Committee were aware, and had reference to the Statutory Guidance which provides that, beyond the immediate area surrounding the premises, these are matters for the personal responsibility of  ...  view the full minutes text for item 11/22

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.