Agenda item

The Sub-Committee is asked to determine whether to grant the application for a premises licence at 1416-1418 London Road, Norbury, SW16 4BZ.

It was noted that the organisation Faiths Together in Croydon had written a letter in support of the application, which had been submitted by the applicant as further information. The Chair Councillor Patsy Cummings advised they were a member of the organisation however they had not been consulted regarding the letter and had no prior knowledge of it.  

The applicant was present and the objecting party had given their apologies.

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

The Licensing Officer introduced the application to the Sub-Committee. The application sought a licence for the provision of late-night refreshment, Monday to Sunday 23:00pm - 1:00 am and NYE 23:00pm – 5:00am the following day.

The applicant had voluntarily amended their application to include the conditions at Appendix A2 following discussions with the Police Licensing Officer. The applicant had also provided their intended actions to comply with the licensing objectives and it was advised these would also be attached to the licence as suitably worded conditions were the application granted.

Representations had been received from a local resident’s association and were available at Appendix A3.

The applicant had submitted further information in support of their application and this had been circulated to all parties.

The applicant was given the opportunity to speak and advised:

-       The inclusion of Challenge 25 information within in the application had been an error and no alcohol would be sold at the premises.

-       The New Year’s Eve hours would be 11:00 pm to 1:00am (not 5.00am)

-       CCTV had been installed along with signage.

-       The application would boost the premises economically, provide service to the local community and boost the employees hours and income. 

-       The restaurant was involved in community fundraising.

-       Neighbouring eat in and takeaway restaurants in the vicinity were open until 2am.

-       The areas outside and around the restaurant were regularly cleaned and maintained.

The Committee asked whether the applicant had clarified the opening hours with the objecting party for whom the timings had been of concern. The applicant confirmed their amendment to reduce the requested operating hours on New Years Eve to 11.00pm to 1.00am.

The Committee queried the applicant’s approach to trade waste and the frequency of food waste collection. The applicant advised their rubbish was collected by Veolia every other day. The applicant allowed nearby residents to place their rubbish in one of the restaurants bins to ensure the back area of the restaurant was kept clear. The importance of separating waste correctly was noted.

In response to questions the applicant advised the outside tables would be brought inside by 11pm. The Committee asked if the applicant would display a sign encouraging patrons to leave quietly. The applicant agreed to do so and advised they did not anticipate many customers after 11pm. Officers noted there was a condition included within the prevention of public nuisance section of the application advising of the intention to display signage requesting patrons to leave the premises quietly.

It was advised the premises had a pavement licence allowing for tables and chairs on public highway with a terminal hour of 11.00pm.

The applicant confirmed their amendment to the application to reduce the requested operating hours on New Years Eve to be 11.00pm to 1.00am.

The Chair thanked those present of their attendance and participation.

After the hearing the Sub-Committee withdrew to the virtual deliberation room and RESOLVED to GRANT the premises licence. The reasons for this decision are set out in the Statement of Licensing Sub-Committee decision as follows:

LONDON BOROUGH OF CROYDON

STATEMENT OF LICENSING SUB-COMMITTEE DECISION

The Licensing Sub-Committee considered the Application for a Premises Licence at 1416-1418 London Road, Norbury, SW16 4BZ 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 as well as the reduction in hours proposed by the applicant during the hearing, as detailed below. The sub-committee noted that whilst they did not have the benefit of verbal representations by the objector, they nevertheless had the benefit of the written representations.

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003, the statutory guidance issued under Section 182 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 in order to promote the licensing objectives to do so. The grant is subject to the Conditions agreed with the police and offered by the applicant, conditions consistent with the Applicant’s operating schedule and the mandatory statutory conditions which apply under the Act. The Sub-Committee considered that the objective of the prevention of public nuisance, was most relevant in relation to their consideration of the matter given the matters raised by the objector.

The reasons of the Sub-Committee were as follows:

1.    The Sub-Committee noted that the premises are situated on the A23 London Road. The premises is in a parade of commercial premises with residential premises above. There is also a parade of commercial premises with residential premises above these on the opposite side of the road to the premises.

2.    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.

3.    During the course of the hearing, the applicant made clear that reference to Challenge 25 was an error and there was no intention to sell alcohol at the premises and indeed there was no application for such provision. The applicant confirmed, as set out in their operating schedule, that they would be placing signs up at all exits to remind patrons to respect the needs of local residents and to leave the premises and area quietly. In addition, the applicant amended their application during the hearing to reduce their hours proposed for licensable activities on new year’s eve to be 11pm to 1am on New Year’s Day, which the Sub-Committee considered addressed the objector’s concerns in this regard.

4.    The Sub-Committee noted that the tables and chairs located outside the premises were the subject of a separate license – a pavement licence under separate legislation (Business and Planning Act 2020) which permits these to be outside the premises until 23h00 - and were not the subject of this application under the Licensing Act 2003 and were not subject to their consideration at this time.

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, that public nuisance 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, as detailed below, the Statutory Guidance makes clear that operators should demonstrate knowledge and awareness of the area in which they propose to operate and show how their application will support the licensing objectives.

7.    Whilst the applicant has made reference in their representations (and in the documentation submitted by the applicant to the committee prior to the start of the meeting) to the “need” for a premises for particular hours of operation at a premises of this nature in this area, the Sub-Committee was mindful, as detailed in Statutory Guidance and the Council’s statement of licensing Policy, that “need” concerns the commercial demand for premises of a particular nature and is a matter for the planning authority and for the market. This is not a matter for a licensing authority in discharging its licensing functions or for its statement of licensing policy.

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.