Agenda item

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 not the primary mechanism for the general control of nuisance and anti-social behaviour by individuals once they are away from the licensed premises and, therefore, beyond the direct control of the licensee. Despite this, the Sub-Committee was reassured to hear about the litter sweeps which the Applicant’s staff make of the immediate area to try and avoid nuisance of this nature. The Sub-Committee also noted the Applicant’s assurance that the litter in the photograph which the objector had sent in appeared to have been generated following the restaurant’s participation in Marcus Rashford's End Child Food Poverty campaign, supporting families over the recent half term to provide free children's meals and then those boxes not been disposed of responsibly by the children in question.

4. In relation to delivery drivers and potential for disturbance, the Applicant advised that the premises only had one delivery bike and that the delivery drivers in the area who work for food delivery companies such as Deliveroo use predominantly motor vehicles rather than motor bikes and that they are requested not to park directly outside the premises but across the road where there are not residential properties so that there is less noise.

5. The Applicant has operated from the premises in question for 6 years before seeking the provision of late night refreshment and there were no representations before the Sub-Committee from the Council’s noise nuisance team about concerns having been raised about this premises’ current operations.