Agenda item

The Sub-Committee is asked to determine whether to grant the application for a premises licence at 290 Lower Addiscombe Road, CR0 7AE

The Licensing Sub-Committee considered the Application for a Premises Licence at 290 Lower Addiscombe Road, CR0 7AE 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 whilst those making representations were not before the Sub-Committee, it had the benefit of their written representations and had regard to these in reaching its decision. The Sub-Committee noted that the written representations comprised those which were in support of the proposed premises as well as those which opposed the premises license application.

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 and the Council Licensing Policy, RESOLVED to GRANT the application as amended, subject to conditions set out in the applicants’ operating schedule and in Appendix A2 and A3 to the report 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 the prevention of public nuisance was particularly relevant in relation to the representations in opposition of the application. 

The reasons of the Sub-Committee were as follows:

1. The Sub-Committee noted that the premises are situated on the A222 in a parade of shops with residential premises above and were surrounded by a number of commercial premises on both sides of the road. There were residential premises, to the rear of the premises along Fernwood Road and Sherwood Road and residential properties diagonally across the A222 along Blackhorse Lane. There are a number of other licensed premises in the area including takeaways, shops and restaurants.
2. The Sub-Committee noted that following discussions with the Police and the Council’s Pollution Team, the applicant has amended their application to have the conditions at Appendix A2 and A3 to the report placed on their license if the Sub-Committee is minded to grant the application. These included conditions that there would be no external music played at the premises.
3. The Sub-Committee were pleased to note the engagement which the Applicant had undertaken with residents, businesses in the surrounding area and responsible authorities in considering how the proposed premises would impact on the area including the obvious consideration given to those living above the premises which the Applicant had demonstrated.
4. The Sub-Committee had regard to the Council’s Statement of Licensing Policy which provides that: “Croydon has a diverse residential community and needs to be able to offer that community venues that meet its needs, offering as wide a range of entertainment, food and leisure as is possible” in addition, “The Council recognises that the diversity of premises selling alcohol, serving food and providing entertainment covers a wide range of contrasting styles and characteristics and will have full regard to those differences and the differing impact these will have on the local community.”
5. 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.
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. However, it would be perfectly reasonable for a licensing authority to impose a condition, following relevant representations, that requires the licence holder to place signs at the exits from the building encouraging patrons to be quiet until they leave the area,  and to respect the rights of people living nearby to a peaceful night. The Sub-Committee noted that the Applicant had already offered, as part of the proposed conditions to have such conditions on the license if granted.
7. The Sub-Committee noted that a number of those objecting had indicated that the premises was proposed to be operated as a “nightclub” however it is clear from the Application and the representations made during the hearing that this is not at all what the proposals for the premises entail. The premises is seeking to operate as a Deli with some artisan goods from local suppliers with space for patrons to sit down and have a drink at the deli if they wish to do so.  To this end, the sub-committee specifically noted the following condition which had been agreed:

“The Premises will adopt a no vertical drinking policy; therefore, all alcohol drink purchases will be consumed whilst seated and be subject to table service”

8. The Sub-Committee noted that there was to be background music and occasional live unamplified music. The Sub-Committee were clear that unamplified live music or background music were not licensable activities in the context of this application unless these took place between 11pm – 8am. 
9. The Sub-committee took into account the provisions within the Statutory Guidance at paragraph 9.44 regarding the imposition of conditions and noted that determination of whether an action or step is appropriate for the promotion of the licensing objectives requires an assessment of what action or step would be suitable to achieve that end. While this does not therefore require a licensing authority to decide that no lesser step will achieve the aim, the authority should aim to consider the potential burden that the condition would impose on the premises licence holder (such as the financial burden due to restrictions) as well as the potential benefit in terms of the promotion of the licensing objectives. The above referenced paragraph also suggests that the licensing authority should consider wider issues such as other conditions already in place to mitigate potential negative impact on the promotion of the licensing objectives and the track record of the business. Having considered the proposed conditions in the operating schedule and the amendments made to incorporate the Conditions at Appendix A2 and A3, the Sub-Committee did not consider that it was appropriate to impose any additional conditions to support the licensing objectives.
10. 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.