Agenda and minutes

To appoint a Chair for the duration of the meeting.

Councillor Robert Canning nominated Councillor Margaret Bird as Chair.

Councillor Nina Degrads seconded the motion.

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

There were none.

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.

There were none.

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.

There were no items of urgent business.

The recording of this item can be viewed by clicking on the link here.

Following the item being heard the Licensing Sub-Committee’s decision is as follows:

The Licensing Sub-Committee considered the Application for a Premises Licence at 53 Limpsfield Road, Sanderstead and the representations received as contained in the report of the Executive Director ‘Place’ and the additional documentary evidence submitted by the Applicant prior to the hearing and incorporated in the supplementary information published as an addendum to the report.

The Sub-Committee noted that the Applicant had, in discussions with the Police licensing officer, the Council’s Safety Team and the Trading Standards Team, amended their application to have the conditions at Appendices A2, A3 and A4 respectively of the report added to the licence, if the Sub-Committee were to grant the application.

The Sub-Committee also considered the representations made by the Applicant and the objector during the hearing. It was noted by the Sub-Committee that the objector did not need to reside in proximity to the premises in order to make representations and observed that they had the benefit of both the written representations by the objector and those made in person at the hearing.

The Applicant applied for the Sale by Retail of Alcohol – consumption ‘On’ the premises: Monday to Sunday 1200 hours (midday) to 2100 hours as well as a “Seasonal variation” - From 15 October to 15 January each year (for the run up to Christmas) Monday to Sunday 0830 hours until 2100 hours.

During the course of the hearing, and following consideration of the matters raised by the Licensing Sub-Committee, the Applicant varied their application to reduce the proposed hours of sale of alcohol during the “Seasonal variation” period - From 15 October to 15 January each year -as follows: Monday to Sunday 10.00 hours until 2100 hours

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 and the Council Licensing Policy, RESOLVED to GRANT the application as amended by the Applicant on the basis that the Sub-Committee were satisfied that it would support the Licensing Objectives to do so.

The reasons of the Sub-Committee were as follows:

1. The Sub-Committee considered that the objection related predominantly to public safety (in relation to Covid-19 compliance) and the potential for public nuisance. In relation to the latter, the objector specifically highlighted concerns about patrons leaving late at night and collections of patrons departing at 10pm. The Sub-Committee noted that the application in question related to a premises which would only be open to the public until 9pm so would not be a late night venue nor would the Applicant’s patrons be departing the premises at 10pm as suggested by the objector. The Sub-Committee also noted that there had been no prior concerns raised about noise disturbance or anti-social behaviour emanating from the premises and there were no objections from the Council’s noise nuisance team or other responsible authority about the operation of the premises.

2. The objector raised concerns about adherence to  ...  view the full minutes text for item 101/20

The recording of this item can be viewed by clicking on the link here.

Following the item being heard the Licensing Sub-Committee’s decision is as follows:

The Licensing Sub-Committee considered the Application for a Premises Licence at 168 Brighton Road, Coulsdon, CR5 2NE and the representations received as contained in the report of the Executive Director ‘Place’.

The Sub-Committee also considered the verbal representations made on behalf of the Applicant at the hearing. Unfortunately the objector was unable to attend the remote hearing however the Sub-Committee noted that it had the benefit of the objectors’ written representations as well as the additional information which the objector had subsequently submitted for the Sub-Committees consideration which was published as an addendum to the report.

The Sub-Committee noted that the Applicant had, following discussions with the Police licensing officer and the Council’s Safety Team, amended their application to have the conditions at Appendix A2 and A3 respectively added to the licence, if the Sub-Committee were to grant the application. In addition, following discussions with the Police, the Applicant has also amended their application to have a terminal hour on New Year’s Eve and New Year’s Day of 0200 hours the following day.

The application as initially made seeks the Provision of Late Night Refreshment:

Sunday to Thursday 2300 hours until 0100 hours the following day

Friday & Saturday New Year’s Eve and New Years’ Day 2300 hours until

0200 hours the following day

During the course of the hearing, the Applicant varied their application to reduce the proposed hours for the provision of late night refreshment to be as follows:

Tuesday – Thursday 2300hours until 0100hours the following day

Friday and Saturday 2300 hours until 0200hours the following day

New Year’s Eve 2300 hours until 0200 the following day

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 and the Council Licensing Policy the Sub-Committee have RESOLVED to GRANT the application as amended on the basis that the Sub-Committee were satisfied that it would support the Licensing Objectives to do so.

The Sub-Committees reasons were as follows:

1. The objection related predominantly to concerns around public nuisance and concern that there was no commercial need for additional hours for a premises of this nature.

2. In relation to the representation about commercial need for additional hours, the Sub-Committee were mindful of the provisions in paragraph 14.19 of the Statutory Guidance which provides that the commercial need or demand for a venue providing a particular service is a matter for the planning authority and for the market. This is not a matter for a licensing authority to consider in discharging its licensing functions.

3. The objector, in their subsequent information, made specific reference to litter generated as a result of pizza boxes being abandoned beside a park bench across the road from the premises. In this regard the Sub-Committee were mindful of the requirement in paragraph 14.13 of the Statutory guidance and the Council’s Licensing Policy which makes clear that licensing law is  ...  view the full minutes text for item 102/20

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.”

This was not required.