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Contact: Tariq Aniemeka-Bailey Email: email@example.com
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Appointment of Chair
To appoint a Chair for the duration of the meeting.
Councillor Maddie Henson nominated Councillor Pat Clouder as Chair and
Councillor Margaret Bird seconded the motion.
The Sub-Committee RESOLVED to appoint Councillor Pat Clouder 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 Sub-Committee is asked to determine whether to grant the application for a premises licence.
The recording of this meeting can be view by clicking here.
Following the item being heard the Licensing Sub-Committee’s decision was:
The Licensing Sub-Committee considered the Application for a Premises Licence at Seafood Den Ltd 17 Portland Road, South Norwood, SE25 4UF and the representations received as contained in the report of the Executive Director ‘Place’ and the additional documentary evidence submitted by the Applicant and Parties to the hearing prior to the hearing and incorporated in the supplementary information published as an addendum to the report and videos considered by the Sub-Committee in private session.
The Sub-Committee also considered the representations made by the Applicant and the objectors and their representatives during the hearing.
The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 and the Council Licensing Policy, RESOLVED to REFUSE the application in respect of Sale of Alcohol on the premises, recorded music and performance of dance but RESOLVED to GRANT the application in respect of Sale of Alcohol off the premises subject to conditions detailed below on the basis that the Sub-Committee were satisfied that it would be appropriate to promote the licensing objectives to do so. The Sub-Committee considered that the objectives of the prevention of public nuisance and protection of children from harm were particularly relevant in relation to the consideration of the matter.
The reasons of the Sub-Committee were as follows:
1. The Sub-Committee noted that the premises were situated on the A215 in a small parade of shops with residential premises above and were surrounded by residential premises and a primary school to the rear of the premises. There were also a small parade of shops on the other side of the road, also with residential premises above them.
2. The Sub-Committee noted, as provided in paragraph 2.22 of the Statutory Guidance that the protection of children from harm included the protection of children from moral, psychological and physical harm. This included not only the protection of children from the harms associated directly with alcohol consumption but also wider harms such as exposure to strong language and sexual expletives.
3. In respect of Prevention of Public Nuisance, the Sub-Committee noted the importance of focussing on the effect 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.
4. The Sub-Committee were aware, and had reference to the Statutory Guidance which provided that, beyond the immediate area surrounding the premises, these are matters for the personal responsibility of individuals under the law. An individual who engaged in antisocial behaviour was accountable in their own right. However, it would be perfectly reasonable for a licensing authority to impose a condition, following relevant representations, which required the licence holder to place signs at the exits from the building which would encourage patrons to be quiet until they left the area, and to respect the ... view the full minutes text for item 35/21
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:
“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 videos circulated by the Applicant and 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 videos 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.