Agenda and minutes

To appoint a Chair for the duration of the meeting.

It was MOVED by Councillor Danielle Denton and SECONDED by Councillor Mohammed Islam and RESOLVED to appoint Councillor Patsy Cummings as Chair of the meeting.

Disclosure of Interests Members and co-opted Members of the Council are reminded that, in accordance with the Members’ Code of Conduct and the statutory provisions of the Localism Act 2011, they are required to consider in advance of each meeting whether they have a disclosable pecuniary interest (DPI), some 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 must urgently 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 in general to disclose any relevant DPIs, ORIs or NRIs 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 room unless granted a dispensation.
• Where the matter directly relates to the financial interest or wellbeing of 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 or affects their or a relevant person’s financial interest or wellbeing, whether they can participate in any discussion or vote on the matter or stay in the room depends on the detailed rules in paragraphs 7 of Appendix B of the Members’ Code of Conduct.

The Chair will invite Members to make their disclosure of interests orally at the meeting and they will also be recorded in the minutes.

Councillor Denton stated that she knew Mr. Shawani through a community group via the South Croydon Business Association but specified that she did not know him personally. Councillor Denton confirmed that she was able to consider the application without any bias or predetermination.

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 100 Beulah Road, Thornton Heath, CR7 8JF.

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

The applicant Mr Srirooban Santhiralingam was present.

The applicant’s representative, Suresh Kanapathi, was present.

Parties who had submitted representations PC Chris Woods and PC Zoe Garrod were also present.

The Head of Environmental Health, Trading Standards and Licensing introduced the application to the Sub Committee.

The Head of Environmental Health, Trading Standards and Licensing explained that the application sought one licensable activity, the sale by retail of alcohol for consumption off the premises on Monday to Saturday from 7am to 11.59pm and on Sunday from 7am to 11pm.

The Head of Environmental Health, Trading Standards and Licensing informed Members that the applicant set out the steps that they intended to take to promote the licensing objectives should the application be granted and if the application was granted, the licensing team would extract relevant parts from this operating schedule and attach them to the premises licence so the terms were enforceable.

The first objecting party was given the opportunity to speak. PC Chris Woods advised:

• The Police had received the application at the start of September and within a couple of days they went to the premises to explain to the applicant that an application for a premises licence had already been refused in May 2023.
• The Police believed that the area was already highly saturated with off licences, had many anti-social behavioural problems and street drinking etc. In order to combat these problems, officers believed that it would be irresponsible to provide another establishment with the licence to sell alcohol in the area, especially given its close proximity to a school.
• The police community support officer (PCSO) for that local area was fully aware of these issues and they were instrumental in the Public Space Protection Order (PSPO) being granted for the area.
• The PSPO was introduced on the 21 February 2024 and would remain in place for another three years.
• Since the start of the year, there had been 30 calls to the police which warranted a response. Most of these calls were related to anti-social behaviour and street drinking.
• Granting another licence would have a detrimental effect on the area and would add to the problems already experienced in the area.

In response to questions from the Sub-Committee the objector informed Members that they were unable to confirm whether granting the licence would increase the number of street drinkers in the area, however, it would provide them with another option of where to buy alcohol.

In response to questions from the Sub-Committee the objector explained that the police have not had any previous issues with the applicant. The previous application for a premises licence for the site which had been refused was not submitted by the applicant.

In response to questions from the Sub-Committee the objector informed Members that the store was next to an infant school and was opposite a scout hut, selling alcohol would  ...  view the full minutes text for item 54/24

The sub-committee is asked to consider the application for a review of the premises licence at 5 Station Parade, Sanderstead Road, South Croydon, CR2 0PH and whether to take such of the following steps as it considers necessary for the promotion of the licensing objectives:

·       To modify the conditions of the licence

·       To exclude a licensable activity from the scope of the licence

·       To remove the designated premises supervisor

·       To suspend the licence for a period not exceeding 3 months

·       To revoke the licence

For this purpose, the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.

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

The premises licence holder, Mohibur Rahman, was present.

The premises licence holder’s agent, Waseem Sherwani, was present.

The applicants, Heidi Woodham, Cleopatra Cassius and Raj Hundal were present.

The Head of Environmental Health, Trading Standards and Licensing introduced the application to the Sub Committee.

The Head of Environmental Health, Trading Standards and Licensing explained that this was a formal application which brought the premises licence that had been granted back before the Licensing Sub Committee, as the applicant had concerns that the licensing objectives had been compromised.

The Head of Environmental Health, Trading Standards and Licensing stated that the application was made by the Home Office Immigration Enforcement Service which was considered a responsible authority under the Licensing Act 2003.

The Head of Environmental Health, Trading Standards and Licensing informed Members that the premises licence had been granted in 2005.

The Head of Environmental Health, Trading Standards and Licensing explained that the application was made on the grounds that the prevention of crime and disorder licensing objective had not been upheld.

The Head of Environmental Health, Trading Standards and Licensing informed Members that subsequent to the review application being submitted an application to transfer the premises licence had been received. The Head of Environmental Health, Trading Standards and Licensing stated that the transfer had since been made, this would not change the situation in respect of why the review application had been made.

The premises licence holder’s agent, Waseem Sherwani, was given the opportunity to speak. Waseem Sherwani advised:

• Sanderstead Tandoori was run as Sanderstead Tandoori LTD, however, the premises licence was under the name of an individual.
• Mr Mohibur Rahman acquired the premises on the 13 November 2023 and had no prior knowledge of what had occurred prior to acquiring the premises.
• Sanderstead Tandoori had been found guilty of allowing illegal workers to work on the premises and the company had been fined £30,000.
• Mr Mohibur Rahman held a personal licence and had a DPS certificate since December 2010.
• Mr Mohibur Rahman had no criminal record or convictions and had applied to the Council to register his personal licence so that he could transfer the DPS solely into his name.
• If the premises licence was revoked the Mr Mohibur Rahman would be an innocent victim of the incident which occurred before he acquired the company on the 13 November 2023.
• They understood the Home Office’s concerns about the licensing objectives not being upheld, and there being more crime and disorder on site as a result of employing illegal workers. However, since Mr Mohibur Rahman had acquired the company, he made sure that all staff members were legal and had the right to work in the country.
• Mr Mohibur Rahman had no connection to the previous LTD company which owned the business before he acquired it.

In response to questions from the Sub-Committee the premises licence holder informed Members that  ...  view the full minutes text for item 55/24

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

“That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information falling within those paragraphs indicated in Part 1 of Schedule 12A of the Local Government Act 1972, as amended.”

This was not required.