Agenda and draft minutes

To appoint a Chair for the duration of the meeting.

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

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.

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 consider the objection notice given by Environmental Health in respect of a temporary event notice given by Caroline Jones for proposed licensable activities on 13 and 14 December 2024 at Whispers Bar, 5 High Street, Purley, Croydon, CR8 2AF.

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

The objector, Stanley Mushawatu, who had submitted representations was 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 Council’s pollution team had issued an objection notice that was issued following receipt of a temporary event notice from Caroline Jones in respect of proposed licensable activities at Whispers Bar 5, High Street, Purley, and those activities were proposed to take place on the 13th and 14th of December 2024.

The Head of Environmental Health, Trading Standards and Licensing informed the Sub Committee that the premises at 5 High Street, Purley already had a premises licence in place, however, the premises licence did not permit licensing activities for the hours requested on the dates specified, which was why it was necessary for the applicant to submit a temporary event notice.

The Head of Environmental Health, Trading Standards and Licensing explained that Members had been provided with further documentation which had been supplied by both parties.

The objecting party was given the opportunity to speak. Stanley Mushawatu advised:

• The Council’s pollution team started to receive complaints from the 15^th December 2023.
• Officers had visited the site several times to speak to the owners to address the issues affecting the residents.
• The whispers bar was located on the High Street, opposite a block of flats.
• There were eight complainants who had raised issues regarding loud music, particularly the use of a microphone and the bass from the speaker’s playing music.
• After receiving several complaints, there was joint visit with the pollution team, licensing team, the police and the anti social licensing team on the 25 August. During the visit they found that the music was quite loud around 10pm.
• Officers went to the complainants flat to see how impactful the noise levels were with the windows open and closed and they could clearly hear the base and the DJ shouting on the microphone.
• Officers then went to the bar and spoke with the manager, who asked the DJ to lower the volume however the DJ ignored the request initially, before agreeing to lower the volume after a second time of asking.
• There was an upstairs lounge where people went to relax and have drinks, during the visit officers observed several open windows.
• The bar had issues with their entrance system, most venues had a two-door system which would help stop music to escape into neighbouring properties. However, Whispers bar only had one set of doors so whenever the doorman opened the door to allow two or three people to enter the noise would escape into the neighbouring residential properties.
• Officers explained to staff at the Whispers Bar that this issue would need to be addressed as the one set of doors used for the entrance was not a long term control measure.  ...  view the full minutes text for item 65/24

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.”

The following motion was proposed to exclude the press and public during the course 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 photographs circulated by 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 photographs on the basis that doing so outweighs the public interest in that part of the hearing taking place in public.

After the hearing the Sub-Committee withdrew to the virtual deliberation room and RESOLVED to ISSUE A COUNTER NOTICE the application for the temporary event notice. The reasons for this decision are set out in the Statement of Licensing Sub Committee decision as follows:

The Licensing Sub-Committee considered the Temporary Event Notice (TEN) given by Caroline Jones for proposed licensable activities on 13^th/14^th December 2024 at Whispers Bar, 5 High Street, Purley, Croydon, CR8 2AF (the premises) and the Objection Notice submitted by Environmental Health as contained in the report of the Corporate Director, Sustainable Communities, Regeneration & Economic Recovery together with the supplementary documentation and information provided on behalf of the Premises User for the TEN and on behalf of Environmental Health. 

Members were notified that the Applicant for the TEN (Premises User) would not be in attendance but was content for the hearing to proceed in their absence. The Sub-Committee had the benefit of the written representations and video evidence submitted by the Premises User, to which they had regard. The Sub-Committee heard verbal evidence from the Environmental Health officer at the hearing. The Sub-Committee also viewed, having gone into private session, a series of video clips which the Premises User submitted to support their submissions.

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 (the 2003 Act), the statutory guidance issued under Section 182 of the Licensing Act 2003, the Council Licensing Policy and the Objection Notice, RESOLVED to ISSUE A COUNTER NOTICE 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 objective of Prevention of Public Nuisance was most relevant in relation to their consideration of the matter.

The reasons of the Sub-Committee were as follows:

1. The premises is situated on High Street, Purley and in a small parade of shops and commercial premises with residential premises above them. The premises is on more than one level  ...  view the full minutes text for item 66/24