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Agenda and minutes

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

Contact: Anoushka Clayton-Walshe
020 8726 6000 x62537  Email: Anoushka.Clayton-Walshe@croydon.gov.uk

Items
No. Item

1/21

Minutes of the Previous Meeting pdf icon PDF 252 KB

To approve the minutes of the meeting held on 9 December 2020 as an accurate record.

Minutes:

The Chair noted that Councillor Hay-Justice had been missed off the attendance list and the Disclosure of Interests should have read ‘There were none’.

 

With these minor changes, the minutes of the meeting held on 9 December 2020 were agreed as an accurate record.

2/21

Minutes of previous Licensing Sub-Committee Meeting pdf icon PDF 209 KB

To approve the minutes of the Licensing Sub-Committee held on 5 January 2021, held since the last Licensing Committee on 9 December 2020, as an accurate record.

Minutes:

The minutes of the 5 January 2021 Licensing Sub-Committee were approved as an accurate record.

3/21

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.

 

4/21

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:

There were none.

 

5/21

London Local Authorities Act 1990: Application for Street Designation Orders pdf icon PDF 979 KB

The Committee is asked to determine whether to designate the site detailed at Appendix A and Appendix B for the purposes of street trading and if designated to then determine whether to grant a street trading license to the site.

Additional documents:

Minutes:

The Committee considered the application to designate a section of public highway outside Everfresh, 728 London Road, Croydon, CR7 7HW.

The Head of Environmental Health, Trading Standards and Licensing introduced and outlined the Application (Appendix A). He explained the process of designation for street trading, applying for street trading licences and the details of the application for the Committee to consider as set out in the appendices.

The Chair invited Committee Members to ask questions of officers regarding the application.

 

In response to Councillor Stranack, the Markets & Street Trading Compliance Officer stated that there was a 9 m distance between the bus shelter and the shop display. In response to a follow up from the Chair asking in relation to how busy the bus stop is, the Markets & Street Trading Compliance Officer confirmed that it was a bus stand and the average number of passengers to alight was four, based on her site visit and the applicants’ experience. There was a maximum of two buses which could stop and the stop tended to be where bus drivers swapped shifts.

 

Councillor Margaret Bird noted that the display was wide, spanning three sets of trolleys, and asked how that compared to nearby shops with a street trading license. In response, the Markets & Street Trading Compliance Officer stated that the applicant had a similar property to this proposal in Norbury, which also had a large display, describing it as tidy and composed of purpose made boxes. The size of the current display, as set out in the photographs in the agenda, was not 10 m. The proposal of 10 m was in keeping with a large size shop with two clear doorways.

 

Mr. Obadullah Khalid , the applicant, was introduced by the Chair and invited to make his representation. He made the following clarifications:

 

·         The length of the trollies varied: 2.4 m and 1.8 m (approx.).

·         The trollies were 0.9 m in width, however they had made an application for 1.2 m because it would be 2.8 m distance from the pavement kerb.

·         The width of the two doorways were 1.8 m and 1.5 m.

·         The bus stop outside the shop was a bus stand where passengers only alighted, not boarded, and drivers swapped. Crowds did not form.

 

In response to Councillor Ward asking how the trollies braked and expressing safety concerns, Mr.  Obadullah Khalid said that the trollies were heavy duty structures with brakes on each wheel which were safe and could not move once brakes were applied.

 

Councillor Pat Clouder asked if it was usual for other shops selling the same type of merchandise to be open until midnight and asked for clarification on what categorised ‘household goods’. In response, the Head of Environmental Health, Trading Standards and Licensing stated he did not have that information to hand but stated that there were two nearby premises with street trading licenses, one of which was not currently displaying and the other sold fruit and vegetables. He invited the applicant to  ...  view the full minutes text for item 5/21

6/21

Licensing Act 2003: Review of Cumulative Impact Zones/Policies within London Borough of Croydon Statement of Licensing Policy & Creation of Cumulative Impact Assessment pdf icon PDF 253 KB

The Committee is asked to consider the response to the consultation on the proposal to maintain Cumulative Impact Areas as currently set out in the Licensing Statement of Policy 2018, including the reasons for this, and is asked to agree the Council’s Licensing Policy under the Licensing Act 2003 remain unchanged until a future review is conducted.

Additional documents:

Minutes:

The Head of Environmental Health, Trading Standards and Licensing introduced the Report. The consultation, agreed by the Committee at the last meeting in December, commenced on 30 December. This ran until 17 February, totalling seven weeks. The policy (Appendix 1) and accompanying letter (Appendix 2), setting out the rationale and the purpose of the consultation, was sent to the statutory list of consultees (Appendix 3). The outcome of the consultation produced one response from the West Thornton ward councillors (Appendix 4), who expressed their support for extending the Cumulative Impact Zone (CIZ) policy on London Road and Brigstock Road/Thornton Heath High Street.

 

The Chair thanked the Head of Environmental Health, Trading Standards and Licensing for his introduction and noted that the recommendations seemed sensible and practical  given  Covid circumstances, and that it was no surprise there was a limited response to the consultation. He opened the floor to Committee Member questions.

 

The Head of Environmental Health, Trading Standards and Licensing confirmed to the Committee that the principle of judging an application on its merits when it came to committee as an important consideration in conjunction with a presumption to refuse, as outlined earlier in the meeting in relation to saturation zones, could also be applied to cumulative impact in CIZs.

 

Following comments from Councillor Ward suggesting that a reduction in bureaucracy to make an application could be a good change, the Chair stated that these policies would be discussed in 2022 as set out in the report.

 

In response to Councillor Degrads asking if South Norwood and Addiscombe were on the CIZ “watch list”, the Head of Environmental Health, Trading Standards and Licensing confirmed they were and said this was detailed in the current policy.

 

The Head of Environmental Health, Trading Standards and Licensing clarified that applications not in CIZs, including variation applications, were still considered by members in the same manner as a CIZ application. If members were not satisfied by those applications or representations for a premises not in a CIZ, then they were required to grant.

 

The Committee RESOLVED to:

 

1.1.        Consider the response to the consultation on the proposal to maintain Cumulative Impact Areas as currently set out in the Licensing Statement of Policy 2018 and the reasons for this and

 

1.2.        Agree that, as a result of the response to the consultation:

 

1.2.1   no changes are currently required to the assessment of Cumulative Impact Areas which form part of the Licensing Statement of Policy 2018

 

1.2.2   the Licensing authority remains of the opinion that the number of relevant authorisations in respect of premises in one or more parts of its area described in the assessment of cumulative impact (cumulative impact zones) as part of the Statement of Licensing Policy 2018 is such that it is likely that it would be inconsistent with the authority's duty under section 4(1) of the Licensing Act 2003 to grant any further relevant authorisations in respect of premises in that part or  ...  view the full minutes text for item 6/21

7/21

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 item was not required.