Agenda and minutes

To appoint a Chair for the duration of the meeting.

Councillor Pat Clouder nominated Councillor Robert Canning as Chair and Councillor Margaret Bird seconded the motion.

The Sub-Committee RESOLVED to appoint Councillor Robert Canning as Chair for the duration of the meeting of the Sub-Committee

In accordance with the Council’s Code of Conduct and the statutory provisions of the Localism Act, Members and co-opted Members of the Council are reminded that it is a requirement to register disclosable pecuniary interests (DPIs) and gifts and hospitality to the value of which exceeds £50 or multiple gifts and/or instances of hospitality with a cumulative value of £50 or more when received from a single donor within a rolling twelve month period. In addition, Members and co-opted Members are reminded that unless their disclosable pecuniary interest is registered on the register of interests or is the subject of a pending notification to the Monitoring Officer, they are required to disclose those disclosable pecuniary interests at the meeting. This should be done by completing the Disclosure of Interest form and handing it to the Democratic Services representative at the start of the meeting. The Chair will then invite Members to make their disclosure orally at the commencement of Agenda item 3. Completed disclosure forms will be provided to the Monitoring Officer for inclusion on the Register of Members’ Interests.

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 recording of this meeting can be view by clicking here.

Following the item being heard the Licensing Sub-Committee’s decision was:

On 5 January 2021, the Licensing Sub-Committee considered the Application for a variation to the Premises Licence at 76 Westow Hill, Upper Norwood and the representations received as contained in the report of the Executive Director ‘Place’. The Sub-Committee, have made their decision with reference to the licensing objectives under the Licensing Act 2003 and the Council Licensing Policy.

The Sub-Committee also considered the verbal representations made at the virtual hearing by the applicant and the objectors in attendance.

It has been noted that there were no representations received from the Police nor the Council’s Safety or Pollution Teams. This is important especially as the condition which the Applicant has requested be removed (condition 8 regarding the rear outside space) was originally requested by the Pollution Team and they do not object to it being removed.  It was also confirmed that the Council has not received any noise complaints regarding this premises.

It has been noted that the Applicant has withdrawn their application in respect of extending the permitted hours of the licensable activity.

During the hearing the applicant confirmed:

The premises:

• That he owns and runs a down to earth neighbourhood cocktail bar.
• His personal contact details are available to residents and there have been meetings to raise resolve issues in the past. Any issues in the future the applicant said he will be happy to resolve. He offered communicate via WhatsApp.
• This premises is not a ‘loud’ club, it does not play music so loud that it disturbs residents. The applicant has taken the decision that there will no live music at the venue. It did try live music (jazz/blues), but it was too loud for the neighbours. The applicant stated that he understands the noise implications and decided not to continue with live music.
• The business is not a ‘party/hen-night’ venue, managers and security staff ensure that guests behave appropriately (including in the rear outside space) which is to the benefit of all guests.
• He will be gaining experience of operating bars in another residential area and any lessons learned can be applied to this bar.

Clarification regarding the rear outside space:

• The size of the rear outside space is small, less than 10m/sq with capacity of about 10 people (standing) or 2 tables around 6 people in covid restrictions. There will be a proper space/numbers assessment in due course.
• There will be no access to the rear outside space the Premises from the rear outside space. There will be no risk of intruders to neighbouring houses.
• Guests will not be able to look into residents gardens and visibility will be restricted via a hedge.
• Currently guests smoke in the front of the premises, the rear outside space was used to store bins and a place for staff to use at break or after shifts (10 or so). Currently staff use the rear outside space  ...  view the full minutes text for item 4/21

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 item was not required.