Agenda and draft minutes

Licensing Committee
Wednesday, 30th September, 2020 6.30 pm

Venue: This meeting is being held remotely; to view the meeting, please click here.

Contact: Thomas Downs
020 8726 6000 x86166  Email: Thomas.Downs@croydon.gov.uk

Items
No. Item

8/20

Election of Vice-Chair

To elect a Vice-Chair for the remainder of the 2020/21 municipal year.

Minutes:

The Chair announced, following the resignation of Vice-Chair Councillor Neal from the Committee, that a new Vice-Chair needed to be appointed (alongside Councillor Pat Clouder) for the remainder of the 2020/21 municipal year.

 

The Chair nominated Councillor Margaret Bird as Vice-Chair for the remainder of the 2020/21 municipal year.

Councillor Pat Clouder seconded the motion.

 

The Committee RESOLVED to appoint Councillor Margaret Bird as Vice-Chair for the remainder of the 2020/21 municipal year.

9/20

Apologies for Absence

Minutes:

Apologies were received from Councillor Andy Stranack, for whom Councillor Richard Chatterjee was in attendance as substitute.

10/20

Minutes of the Previous Meeting pdf icon PDF 231 KB

To approve the minutes of the meeting held on 8 January 2020 as an accurate record.

 

Minutes:

The minutes of the meeting held on 8 January 2020 were agreed as an accurate record.

11/20

Minutes of previous Licensing Sub-Committee Meetings pdf icon PDF 212 KB

To approve as, an accurate record, the minutes of the meetings of the Licensing Sub-Committee since the last Licensing Committee:

 

·       28 May 2020

·       23 June 2020

·       18 August 2020

Additional documents:

Minutes:

The minutes of the following Licensing Sub-Committees were approved as an accurate record:

 

  • 28 May 2020
  • 23 June 2020
  • 18 August 2020

12/20

Urgent Business (if any)

To receive notice of any business not on the agenda which in the opinion of the Chair, by reason of special circumstances, be considered as a matter of urgency.

Minutes:

There were no items of urgent business.

13/20

Disclosure of Interests

In accordance with the Council’s Code of Conduct and the statutory provisions of the Localism Act, Members and co-opted Members of the Council are reminded that it is a requirement to register disclosable pecuniary interests (DPIs) and gifts and hospitality to the value of which exceeds £50 or multiple gifts and/or instances of hospitality with a cumulative value of £50 or more when received from a single donor within a rolling twelve month period. In addition, Members and co-opted Members are reminded that unless their disclosable pecuniary interest is registered on the register of interests or is the subject of a pending notification to the Monitoring Officer, they are required to disclose those disclosable pecuniary interests at the meeting. This should be done by completing the Disclosure of Interest form and handing it to the Democratic Services representative at the start of the meeting. The Chair will then invite Members to make their disclosure orally at the commencement of Agenda item 3. Completed disclosure forms will be provided to the Monitoring Officer for inclusion on the Register of Members’ Interests.

 

Minutes:

Councillors Chatterjee, Clouder, Jewitt and the Chair informed the committee that whilst there were applications in the next item located within their wards, there had been no previous involvement with these applications.

14/20

London Local Authorities Act 1990: Applications for Street Designation Orders pdf icon PDF 7 MB

The Committee is asked to determine whether to designate the sites detailed at Appendices A to E for the purposes of street trading and if designated to then determine whether to grant a street trading licence to each site.

Minutes:

The Committee considered the application to designate the Clocktower Market, on the highway outside Aldi, Station Road, South Norwood, SE25 (Appendix A).

 

The Head of Public Protection and Licensing introduced the item, explaining the process of designation for street trading, applying for street trading licences and the details of the application before the Committee. The Committee heard that the site had an existing designation, but as the holder had sought to trade on a larger area of public highway, a new street trading designation was required. The Committee heard that the nearest designation was at 2 Station Road. The Committee was informed that the application had been sent to responsible authorities and advertised in the local press; no representations had been received.

 

The section of highway in question was Croydon Council maintained.

 

The Applicant was present and stated that the market had been in operation for five years. A recent increase in popularity had prompted the application for a larger designation to accommodate more traders.

 

A Committee Member asked whether parking bays were suspended when the market was in operation, and heard that they were, as the stalls occupied the bays, facing towards the Aldi shopfront. Traffic Cones were placed behind the stalls to stop cars parking on the street. In response to a question about whether the larger designation would block bicycle parking, the Applicant responded that it would not.

 

In response to a question about whether the designation would impede traffic, the Head of Public Protection and Licensing responded it would not, as the new row of stalls would back on to the Aldi shopfront. A Committee Member queried whether foot traffic could cause gridlock on Crystal Palace match days, with particular concern to social distancing; the Applicant responded that the police had requested there be no markets on match days, and that this had been agreed.

 

A Committee Member queried how social distancing and hygiene measures were maintained; the Applicant responded that hand sanitiser was present at both ends of the market and at stalls, mask use was encouraged, and market organisers encouraged customer flow to avoid bottlenecking.

 

Some Committee Members stated that they were familiar with the market, and praised the quality and organisation.

 

In response to a question about how queuing into Aldi could interfere with the market, the Applicant responded that the door near the market  was not currently in use. When the door had been operational, this had been managed, and stalls were not placed close to this door.

 

The Committee confirmed that they were satisfied that they had heard the entirety of the presentation and discussion and RESOLVED:

 

1.       To designate the Clocktower Market, on the highway outside Aldi, Station Road, South Norwood, SE25for the purposes of street trading.

 

2.       To grant a street trading licence to the Applicant.

 

 

The Committee considered the application to designate a section of public highway outside Marmaris Cafe, 75 Mitchley Avenue, South Croydon, CR2 9HN (Appendix B).

 

The Head of Public Protection  ...  view the full minutes text for item 14/20

15/20

Licensing Act 2003 (Hearings) Regulations 2005 and Gambling Act 2005 (Proceedings of Licensing Committees & Sub-Committees) (Premises Licenses and Provisional Statements) (England and Wales) Regulations 2007, Procedures for Licensing Sub-Committee Hearings pdf icon PDF 148 KB

This report details the recommended changes to the Licensing Sub-Committee hearings protocol by virtue of Covid-19 requirements.

Additional documents:

Minutes:

The Head of Public Protection and Licensing introduced the item and summarised the report. The Committee heard that they were being asked to approve additional protocols for Sub-Committee meetings, to allow for remote meetings. These protocols had already been applied at four Sub-Committee hearings, with the Chair approving the protocol at each meeting; if this report was approved, the Chair would no longer need to approve this report at each Sub-Committee.

 

The Vice-Chair stated that they had chaired all of the virtual Sub-Committees, and that the amended protocols had worked well.

 

The Committee confirmed that they were satisfied that they had heard the entirety of the presentation and discussion and RESOLVED:

 

1. Approve the revised protocol for Licensing Sub-Committee hearings under the Licensing Act 2003 as set out in full at Appendix 1 to the report for use in relation to remote Licensing Sub-Committee meetings, that the revised protocol be appended to Part 5F as Annex 2 and that the current Annex 2 to Part 5F be relabelled Annex 3 and that consequential amendments be made to Part 5F to ensure the correct references to the Annexes throughout.

2. Note that the Chair of the Sub-Committee had approved the use of the revised protocol for use during proceedings under the Licensing Act 2003 at the Sub-Committees set out at paragraph 3.6 in accordance with the authority in Annex 1 to Part 5F of the Constitution.

3. Approve the revised protocol for Licensing Sub-Committee hearings under the Gambling Act 2005 as set out in full at Appendix 2 to the report for use in relation to remote Licensing Sub-Committee meetings under the Gambling Act 2005; that the revised protocol be appended to Part 5G as Annex 2 and that consequential amendments be made to Part 5G to ensure the correct references to the Annexes throughout.

16/20

Pavement Licensing: Update on Delegation of Functions pdf icon PDF 180 KB

This report details the actions taken to delegate pavement licensing functions and ensure that the Council is able to deliver this new service.

Minutes:

The Head of Public Protection and Licensing introduced the item and informed the Committee that the Business and Planning Bill 2020 had introduced Pavement Licenses. This legislation was temporary, and aimed to assist businesses reopening following lockdown who wanted to put tables and chairs outside. The bill had come into force from the 22 July 2020.

 

The functions of the Bill had originally been Executive, however, on the 21 July 2020 the functions had been changed so that they were Non-Executive. This had meant that the delegation of powers had come from the Council Solicitor, instead of the Leader as originally planned. The Chair and Vice-Chairs of the Committee had been consulted.

 

The Chair thanked the Head of Public Protection and Licensing and invited questions. In response to a question from a Member about the duration of the scheme, the Head of Licensing responded that the scheme had been implemented in August 2020 and would run until September 2021, but could be extended by the government.

 

The Committee RESOLVED to:

 

1.   Note the delegation of functions in respect of Pavement Licensing.

17/20

Exclusion of the Press and Public

The following motion is to be moved and seconded where it is proposed to exclude the press and public from the remainder of a meeting:

 

“That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information falling within those paragraphs indicated in Part 1 of Schedule 12A of the Local Government Act 1972, as amended.”

 

Minutes:

This was not required.