Agenda and draft minutes

To appoint a Chair for the duration of the meeting.

It was MOVED by Councillor Bird and SECONDED by Councillor Collins and RESOLVED, to:

Appoint Councillor Mohammed Islam as Chair for the meeting.

Members are invited to declare any disclosable pecuniary interests (DPIs) and other registrable and non-registrable interests they may have in relation to any item(s) of business on today’s agenda.

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 at 4 Crown Parade, Crown Dale, Upper Norwood, SE19 3NG.

The Chair outlined the procedures for the Licensing Hearing in line with the Licensing Act 2003 and the Council’s protocol.

The applicant was present, the objecting party had given their apologies.

The Head of Environmental Health, Trading Standards and Licensing explained the application process for a premises licence and summarised the nature of the application under consideration by the Sub-Committee. The application was for the provision of late-night refreshment Monday to Sunday, between the hours of 11.00pm to 2.00am. It was noted the activity only became licensable at 11.00pm. A copy of the application was available within the report pack at Appendix A1. Police conditions had been agreed following discussions between the applicant and police licensing officer and were available within the report pack at Appendix A2. The additional written information submitted by both the applicant and objector were noted and had been shared with all parties.

In response to questions from the Sub-Committee members, officers advised no temporary licence for the activity was held by the premises.

The Sub-Committee noted that the objecting party had sent apologies and their submission of representations and additional information remained relevant and was to be considered.

The applicant, Mr Desai, was given the opportunity to speak. The applicant advised the nature of the business was an Indian Takeaway. The objection was noted, and the applicant stated the premises had never received noise complaints previously. The premises was located on a busy crossroads and the applicant felt that some extra delivery drivers would not cause an issue.Regarding food smells, the applicant advised there was duct from the food preparation area to prevent food smell going into the building above.

In response to questions from the Sub-Committee, the applicant advised the ducting extracted cooking smells from the kitchen to the rear of the premises, approximately 20-30ft away from the adjacent flats. No complaints about food smells had been received previously and there were several other restaurants/takeaways located in the immediate vicinity.

The premises had been an Indian restaurant and takeaway for 15 years and there was customer demand for later night takeaway delivery. Delivery drivers were using cars, electric bikes or motorbikes and parked in front of the premises on the main road which was a busy road with traffic and buses. The Sub-Committee noted motorbikes could cause noise disturbance and suggested the applicant should encourage drivers to park on the opposite side of the road.

In response to questions the applicant advised they used steel filters in the extractor and had not had complaints about food smells in the businesses 15 years of operation.

The Sub-Committee asked the applicant how they intended to minimise noise disturbance from customers until 2:00am. The applicant advised the business would be closed to customers after 11:00pm. The intention of the application was to provide food to home delivery drivers only, for orders via online delivery apps and their own platform.

Officers confirmed that the closure of the premises to the public at 11:00pm was included in  ...  view the full minutes text for item 62/22