Agenda item

The Sub-Committee is asked to determine whether to grant the application for a variation to a premises licence at 10-14 Bywood Avenue, Croydon, CR0 7RA.

The Licensing Sub-Committee considered the Application for a Variation to a Premises Licence at 10-14 Bywood Avenue, Croydon CRO 7RA 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, the objectors and a Ward Councillor during the hearing.

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 the Statutory Guidance issued under S182 of the Licensing Act 2003 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 reasons of the Sub-Committee were as follows:

1.     The Sub-Committee noted that following discussions with the Police licensing officer, the Applicant had amended their application and now sought a permitted start time of 7am for the sale of alcohol as opposed to 6am as listed in their original Application. In addition, the Sub-Committee noted the Applicant had also amended their application to have the conditions at Appendix A3 in the report placed on the licence if the Variation application was granted.

2.     The Sub-Committee noted that the Council Licensing Policy acknowledges that the Guidance issued under S182 of the Licensing Act 2003 states that shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours.

3.     The Sub-Committee noted there was no objection from the Police, and therefore it was reasonable to conclude the Police were satisfied with the Application from a crime and disorder and public safety perspective.

4.     In respect of prevention of public nuisance objective, the Sub-Committee noted the importance of focussing on the effects of the variation 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. The Sub-Committee also noted this may include in appropriate circumstances the reduction of the living and working amenity and environment of other persons living and working in the area of the licensed premises. In this regard the Sub-Committee considered concerns raised relating to an increase in nuisance from customers parking irresponsibly, more deliveries to the premises, and littering.

5.     The Sub-Committee were reassured however, by the Applicant’s confirmation that the number and times of deliveries to the premises would not change if the Variation were granted, and that the Variation as regards late night refreshment was required only for the use of a coffee machine. Whilst the Sub-Committee noted that customer parking was an individual responsibility, they were also reassured that a member of the management team will be on the premises at all times that the premises are open and will be the initial point of contact for any issues which might arise. The Sub-Committee were also reassured that the Applicant has a “good neighbour” policy, and that there are litter bins outside the premises.

6.     The Sub-Committee were also reassured that whilst the Statutory Guidance provides that, beyond the immediate area surrounding the premises, these are matters for the personal responsibility of individuals under the law, the Applicant agreed to work with local residents to try and deal with any litter and waste problems beyond that immediate area.

7.     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.