Agenda item

The Sub-Committee is asked to determine whether to grant the application for a premises license at 29 Central Parade, New Addington, CR0 0JB.

The Chair outlined the procedures for the licensing hearing in line with the Licensing Act 2003 and introduced the applicant and the applicant’s agent. It was noted that the objector Cllr Pearson was unable to attend the meeting.

The Head of Environmental Health, Trading Standards and Licensing described the types of licensable activity that could be applied for and introduced the nature of the Licence Application as described in Appendix A of the reports pack. The application was for a Premises Licence for sale by retail of alcohol for consumption off the premises, Monday to Sunday, 8am to 11pm.

Officers noted the representations received from Ward Councillor, Councillor Tony Pearson, remained relevant despite him not being in attendance. The Sub-Committee was advised the application was in a cumulative impact area and the ordnance survey map provided at Appendix A4 was noted.

The Sub-Committee queried whether the premises was currently trading with a temporary licence. Officers advised the previous owner had held a license, but this was separate from the current license application by the new owner. There was no temporary licence and the premises was not open at present. The applicant explained that the previous owner had been evicted and had not signed the licence transfer documents, requiring a new licence application to be made.

The Committee queried the issue of the application increasing the number of licensed premises in the cumulative impact area, a key aspect of the representation made by Cllr Pearson. Officers advised as the premises had previously had a licence, if granted, this application would not add to the number of licensed premises on the parade. 

The Applicant’s Agent advised the Sub-Committee the Applicant also owned shops at numbers 52 and 44 on the parade and had been in the area for two years. The Applicant had consulted with Police and agreed the police conditions. The Applicant shared the posters and incident books which would support the implementation of the condition and advised the shop would create two new jobs in the area.

In response to questions from the Sub-Committee the Applicant advised it was their intention to change the name from ‘Booze Bank’. The shop would be a convenience store selling food, drink and household items with the nature of the shop being convenience, not solely focused on the sale of alcohol.

In response to questions from the Sub-Committee, Officers advised the police did not typically raise positive representations, so the absence of a police report was not unusual. As the Applicant had agreed the conditions there were no further concerns from the Police. 

The Chair advised the outcome of the hearing would be communicated within the statutory time period and thanked those present for their participation.

LONDON BOROUGH OF CROYDON

STATEMENT OF LICENSING SUB-COMMITTEE DECISION

LICENSING ACT 2003 – APPLICATION FOR A PREMISES LICENCE AT 29 CENTRAL PARADE, NEW ADDINGTON, CR0 0JB

The Licensing Sub-Committee considered the Application for a Premises Licence at 29 Central Parade, New Addington, CR0 0JB and the representations received as contained in the report of the Corporate Director, Sustainable Communities, Regeneration & Economic Recovery.

The Sub-Committee also considered representations made on behalf of the Applicant by their representative. The Sub-Committee noted that although no objector was 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, the Statutory Guidance (Revised Guidance issued under section 182 of the Licensing Act 2003 (December 2022)) and the Council’s Statement of Licensing Policy 2023-2028, 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 Sub-Committee considered that the objective of the prevention of public nuisance was relevant in relation to the consideration of the matter as well as the Cumulative Impact policy adopted by the Council which relates to high levels of alcohol-related crime and alcohol-related hospital admissions in areas where it is clear that the density of shops selling alcohol for consumption off the premises is significantly higher than in other parts of the borough.

The reasons of the Sub-Committee were as follows:

1. The Sub-Committee noted that the premises are situated on Central Parade, New Addington, and that there were a number of off-license premises in close proximity to the proposed premises.

2. In respect of the 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 specified in the Statutory Guidance. In this regard the Sub-Committee considered the concerns raised relating to anti-social behaviour arising in the area due to drunkenness and the associated harms.

3. 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”.

4.    The Sub-Committee noted that there was no objection to the Application from the Police, and noted also that in accordance with the Statutory Guidance the Police should usually be the licensing authority’s main source of advice on matters relating to the promotion of the crime and disorder licensing objective.

5. The Sub-Committee noted that there was no objection to the Application from Environmental Health, which is the main source of advice in relation to the public nuisance licensing objective.

6. The Sub-Committee noted that the premises in question fall within  Cumulative Impact Area 4: along the length of Central Parade, New Addington, as detailed within the Council’s Statement of Licensing Policy. The effect of this is that “where relevant representations are received on any new applications for a premises licence to sell alcohol off the premises…there will be a presumption under the assessment that the application will be refused…The Cumulative Impact Assessment is intended to be strict, and will only be overridden in genuinely exceptional circumstances”. However, the Licensing Sub-Committee was clear that it will always consider the individual circumstances of each application; even where an application is made for a proposal that is apparently contrary to policy.

7. The Sub-Committee also noted that as provided by the Statutory Guidance, whilst the Cumulative Impact Policy should be regarded as a “strong statement of intent” about its approach to considering such applications, it does not “change the fundamental way that licensing decisions are made. It is therefore open to the licensing authority to grant an application where it considers it is appropriate and where the applicant can demonstrate in the operating schedule that they would not be adding to the cumulative impact”.

8.    In relation to the impact of the licensable activity, the Sub-Committee noted that there was an existing premises licence held by another party, and that the premises were previously occupied as an off-licence. The Sub-Committee heard that the Applicant had requested a transfer of the existing premises licence but this had been refused by the licence-holder, and this was why the Applicant was seeking a new premises licence. The Sub-Committee also heard that the Applicant occupied two other premises on Central Parade, that there was a premises licence in respect of one of those premises, and that the Applicant considered he had a very good record of serving the local community. The Sub-Committee also heard that “Booze Bank” was the previous name of the premises in question, and that this would be changed to “Lal Food and Wine”. The Sub-Committee was reassured that the premises in question would not operate purely as an off-licence, and that it was intended convenience food and other items would be “major sellers” with off-licence sales being a “plus point”.

9.    Having regard to all of the above matters, the Sub-Committee concluded it was reasonable to make an exception to the Cumulative Impact Policy, and that this would be consistent with its duty to promote 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.