Agenda item

The Sub Committee is asked to determine whether to grant the application for a variation to a premises licence.

The Licensing Sub-Committee considered the Application for a Premises Licence at 31 South End Croydon CR0 1BE and the representations received as contained in the report of the Corporate Director, Sustainable Communities, Regeneration & Economic Recovery.

The Sub-Committee also considered the representations made by the Applicant during the hearing. The Sub-Committee noted that although the objector was not present at the hearing, they had the benefit of the written representations as part of the report.

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003, Statutory Guidance under S182 of the Act and the Council Licensing Policy, RESOLVED to GRANT the application on the basis that the Sub-Committee were satisfied that it would be appropriate to promote the licensing objectives to do so. The grant is subject to the Conditions agreed with the police and offered by the applicant, the Applicant’s operating schedule and the mandatory statutory conditions which apply under the Act.

The reasons of the Sub-Committee were as follows:

1. The Sub-Committee noted that the premises are situated on South End within a parade of shops with residential premises above. There is also a parade of shops on the other side of the road, also with residential premises above them. The immediately surrounding area includes both residential and commercial premises however it is situated in an area often described as the “restaurant quarter” and has numerous restaurants, take aways and food outlets along this stretch of South End. 

2. The premises license sought is only in relation to the provision of late night refreshment. There are no alcohol sales on the premises and none are sought.

3. Following discussions with the Police, the applicant has amended his application to have the conditions at Appendix A2 to the report placed on the license if the application is granted.

4. In addition, the applicant has amended their application to reduce the hours of opening and the hours of licensable activities. The requested terminal hour on Thursday to Sunday to 0100 hours on the following day and that the closing time for the premises will be 0230 hours Monday to Wednesday and 0130 hours Thursday to Sunday.

5. In respect of prevention of public nuisance objective, 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. In this regard the Sub-Committee considered the concerns raised relating to anti-social behaviour arising in the area due to the opening hours and noise disturbance to nearby residential properties but noted in this regard that there were no objections from the police or the noise nuisance team regarding potential crime and disorder or nuisance impacts and no specific concerns had been raised about the operation of the particular premises under consideration but rather a general concern that another premises would create/exacerbate nuisance and/or antisocial behaviour.

6. The Sub-Committee were aware, and had reference to the Statutory Guidance which provides that, beyond the immediate area surrounding the premises, these are matters for the personal responsibility of individuals under the law. An individual who engages in antisocial behaviour is accountable in their own right.

7. The Sub-Committee noted that whilst the Council had adopted a cumulative impact policy which pertained to shops and supermarkets selling alcohol, this was not applicable to late night refreshment proposed for this operation.

8. The Sub-Committee wished to thank all participants for the manner in which they engaged with and supported the hearing in providing information to allow the Sub-Committee’s consideration.