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Appointment of Chair
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.
Disclosure of Interests
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.
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.
There were no items of urgent business.
The purpose of this report is to advise the Sub-Committee that an application has been received for a premises licence under the Licensing Act 2003 (“the Act”). This application is the subject of representations, therefore a hearing is required.
On 22 July 2021 the Licensing Sub-Committee considered the Application for a Premise Licence at 336 Whitehorse Road, Croydon, CR0 2LF for the Sale by Retail of Alcohol (for consumption On and Off the premises) Monday to Sunday 10.00 hours to 22.30 hours.
It had considered the representations received as contained in the report of the Executive Director ‘Place’ and video clips provided by the Objector. The Sub-Committee had 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’s Agent and the Objectors.
It had been noted that no representations were received from the Police, the Council’s Environmental Health Team or other responsible authorities. The Licensing Manager confirmed that the Pollution Team and Antisocial Behaviour Team (though the ASB team are not a responsible authority) had not received any complaints regarding the premises.
At this point in proceedings the Sub-Committee had taken into account the Objectors’ comments. A motion was moved by Councillor Bird and seconded by Councillor Clouder to exclude the press and public from part of the hearing whilst they considered the evidence presented in several video clips showing members of the public making noise and creating a smoking nuisance in the immediate vicinity of the entrance to the premises, including at close to midnight.
The Sub-Committee was concerned about the detrimental impacts that this was having on the quality of life of the Objectors. The Objectors stated that this happened regularly and that they had spoken to the landlord and the Applicant to ask them to alleviate the noise and smoking but nothing had changed.
The Applicant’s Agent confirmed that:
• The premises was a new family run business that opened in May 2021.
• The Operating Schedule will enable the Licensing Objectives to be met.
• The Police had no objection to the Application.
• Most local residents have no objection to the Application.
• The business wanted to have a good relationship with its neighbours and management had tried to improve this. He was instructed that the business was open to discussing how to help the neighbours and did try to engage with the objectors. The business would communicate directly with impacted neighbours with the aim of preventing public nuisance.
• Management had been advised by the Agent that they needed to be firm and ban some people who were causing disturbances. The business needed to give a warning to individuals whose behaviour was not acceptable and then ban them for a certain period of time if they did not heed the warning.
• There were issues with people staying outside when the business had closed. It was unclear whether the individuals in the video clips were customers of the business.
• The business was cleaning the outside area in front of the premises, and would continue to keep this outside area clear of all litter daily, and provided a place ... view the full minutes text for item 30/21
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 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.”
A motion was moved by Councillor Bird and seconded by Councillor Clouder to exclude the press and public during the course of the meeting for the following reasons:
The Licensing Sub-Committee deemed it appropriate to exclude the public from part of the hearing having considered the nature of some of the evidence that was to be taken into account. In making this decision, the public interest test was considered and it was felt necessary to hear the relevant evidence in private, as in doing so it outweighed the public interest in hearing the relevant evidence in public.
On this basis the motion was put forward and agreed by the Committee to exclude the press and public for a portion of the meeting.