Agenda and draft minutes

Licensing Sub-Committee
Thursday, 22nd October, 2020 10.30 am

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

91/20

Appointment of Chair

To appoint a Chair for the duration of the meeting.

Minutes:

Councillor Sherwan Chowdhury nominated Councillor Chris Clark as Chair.

Councillor Margaret Bird seconded the motion.

 

The Sub-Committee RESOLVED to appoint Councillor Clark as Chair for the duration of the meeting of the Sub-Committee.

92/20

Apologies for Absence

Minutes:

There were none.

93/20

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:

There were none.

 

94/20

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.

 

95/20

Gambling Act 2005: Application for an Adult Gaming Centre Premises Licence at 82 Westow Hill, Upper Norwood pdf icon PDF 232 KB

Additional documents:

Minutes:

The Licensing Sub-Committee considered whether to grant the application for an Adult Gaming Centre Premises Licence at 82 Westow Hill, SE19 1SB and the representations received as contained in the report of the Executive Director ‘Place’. This included additional Applicant representations; addendum to Appendix A7. The Applicant confirmed that this additional information was provided for clarification and in order to assist the Sub-Committee during the hearing. The Sub-Committee also considered the verbal representations made at the hearing by two objectors/Interested Parties (a local resident & Ward Councillor), the applicant and their representative.

 

It was noted that no representations were received from Responsible Authorities. However, following discussions with Police the Applicant had amended their Application to reflect the reduced operating hours of 10.00h – 23.00h every day except Christmas day.

 

The Sub-Committee notes that Section 153 of the Gambling Act 2005 provides that, in exercising its functions under Part 8 of the Act, a licensing authority (the Council) shall aim to permit the use of premises for gambling in so far as it thinks it is:

a)    in accordance with any relevant code of practice under s.24 (the LCCP)

b)    in accordance with any relevant guidance issued by the Commission under s.25 (this guidance)

c)     reasonably consistent with the licensing objectives (subject to a and b above)

d)    in accordance with the licensing authority’s statement of licensing policy (policy statement) (subject to a to c above).

The Sub-Committee, have made their decision with reference to the licensing objectives under the Gambling Act 2005, relevant Codes of Practice (issued by the Gambling Commission under section 25 of the Act) and the Council Statement of Principles.

 

In determining this application this Sub-Committee has not had regard to:

  • s.153 makes it clear that in deciding whether or not to grant a licence, a licensing authority must not have regard to the expected demand for gambling premises that are the subject of the application
  • s.210 (1) of the Act states that ‘in making a decision in respect of an application...a licensing authority should not have regard to whether or not a proposal by the applicant is likely to be permitted in accordance with law relating to planning or building’.
  • Concerns about indirect harm to children, as distinct from their entering the premises and taking part in gambling on-site  or
  • Personal, moral or ethical views on gambling.

 

The Sub-Committee has noted that the Applicant will:

 

  • Have appropriate staff training in place,
  • Ensure there is no mix of alcohol and gambling on the site. This includes not permitting either alcohol on the premises or those who appear to be intoxicated.
  • Operate an effective Self Exclusion Scheme
  • Have at least one member of staff at the premises during the day and two members of staff from 6pm onwards
  • Have and operate an appropriate door entry policy and
  • Ensure no people under 18 enter the premises.

 

The Sub-Committee is of the view that:

 

·       It would not be appropriate to impose a condition regarding restricting the gifting of free items.  ...  view the full minutes text for item 95/20

96/20

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:

The following motion was moved by Councillor Bird and seconded by Councillor Clark to exclude the press and public:

 

“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.”

 

The motion was put and it was agreed by the Committee to exclude the press and public for a portion of the meeting.