Agenda and draft minutes

Licensing Committee
Monday, 17th December, 2018 10.00 am

Venue: Civic Offices, St Nicholas Way, Sutton, SM1 1EA

Contact: Cathy Hayward, Committee Services Officer  Tel.: 020 8770 4990 | Email:  committeeservices@sutton.gov.uk

Items
No. Item

16.

Welcome and introductions

Minutes:

The Chair, Councillor Muhammad Sadiq, welcomed those present.

17.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Eric Allen, Martina Allen and Jillian Green.

 

 

18.

Declarations of interest

Minutes:

There were no declarations of interest.

19.

Minutes of the previous meeting pdf icon PDF 59 KB

To approve as a correct record the minutes of the meeting held on 24 September 2018.

Minutes:

RESOLVED: that the minutes of the meeting held on 24 September 2018 be agreed as an accurate record.

20.

Update to Licensing Sub-Committee Procedure pdf icon PDF 97 KB

It is recommended that the hearing procedure for the Licensing Sub-Committee is updated to reflect current best practice and align procedures within the shared service with the Royal Borough of Kingston.

Additional documents:

Minutes:

Cathy Hayward, Committee Services Officer presented the report.

 

Members discussed that allowing an applicant to speak first would allow the Sub-Committee to understand any amendments made since the initial application was submitted which would help hearings be completed in a timely manner.        

 

RESOLVED:

 

that the revised procedure as attached as appendix A of the report, for hearings dealt with by a Licensing Sub-Committee under the Licensing Act 2003 be approved.

 

21.

Licensing Policy Review (Licensing Act 2003) pdf icon PDF 100 KB

This report considers the outcome of the consultation on the draft Statement of Licensing Policy under the Licensing Act 2003 and to agree a revised Statement of Licensing Policy for 2019-2024 (as attached at Appendix A) to Council for approval.

 

Additional documents:

Minutes:

Councillor Heron joined the meeting at 10.10am.

 

Nick Cloke, Lead Licensing Officer presented the report.

 

The policy in appendix A is an update to the previous Licensing policy, and is aligned, in part, with the recently published Local Plan.

 

Members noted there had been five responses to the consultation. The procedure used for advertising and completing the consultation had been in line with the Council’s current arrangements, using the online portal and emails being sent to known interested parties such as resident associations, business forums such as Successful Sutton, and current licence holders.

 

The Cumulative Impact Assessments has identified two areas of Cumulative Impact and these are included in the recommended policy, Sutton Town Centre and North Cheam, these have been developed using available evidence.

 

The recommended policy does not include a special policy for the Rosehill area, as no evidence was available to support its inclusion. Members discussed that the current Cumulative Impact Zone (CIZ) in place covering the Rosehill area, which would be removed by the new policy, had allowed the current licensed premise in the area. In discussion Members expressed views that issues of anti social behaviour are not being reported to the Licensing Authority by the police or other Responsible Bodies, Members suggested this is due to lack of resources and it is this which has resulted in the lack of data to support a CIZ in the Rosehill area.

 

Officers explained that CIZs can be seen as protecting existing premises already in the area, in part by restricting new premises moving to the area.

 

Members expressed concerns, and remained unhappy that the recommended policy does not include a CIZ in the Rosehill area.  

 

The Lead Licensing Officer reassured Members that the proposed special policy for cumulative impact and the recommended Statement of Licensing Policy could be amended at any time in the future if evidence became available to support a change.   

 

New applications for licences that come before the Licensing Sub-Committee can be considered in terms of cumulative impact when relevant issues are raised, even if the premises being considered is not within a defined CIZ area.

 

RESOLVED:

 

that the Statement of Licensing Policy under the Licensing Act 2003, be agreed and the policy be recommended for approval by Council.



 

22.

Street Trading Policy Review pdf icon PDF 120 KB

The council’s Street Trading Policy (the ‘Policy’) is subject to periodic review to ensure it meets the aspirations of the council and to enable the development of current and future businesses in the borough within the guidance contained within the Policy.

 

This report sets out a proposal to amend the current Policy to incorporate changes in relation to how the council control the commodities sold on licensed stalls.

 

Minutes:

Nick Cloke, Lead Licensing Officer presented the report.

 

Officers clarified that the street trading policy covers all street trading including, special markets such as Christmas Markets, and that a banned items list at events such as ‘boot fairs’ are usually in place due to the rules of the event.

 

Members asked if there is a current banned item or commodities list in place in Sutton, it was noted that although there had been in the past it no longer existed.

 

If it was suggested that a banned items list could be developed, it should be short, but cover specific items using agreed definitions, including items that have been identified as of concern.

 

If a banned items list was developed street traders would be informed of the list of items included and regular inspections would be completed by inspectors who had authority to remove items from stalls.

 

It was noted that street trading may not cover areas directly in front of shops as the land may not form part of the public highway (although often maintained as public highway) but is owned by the shops.

 

RESOLVED:

 

that a review of the council’s current Street Trading Policy and in particular its approach to regulating goods being sold from licensed stalls be agreed as set out in the report.

 

23.

Any urgent business

To consider any items which, in the view of the Chair, should be dealt with as a matter of urgency because of special circumstances (in accordance with S100B(4) of the Local Government Act 1972).

Minutes:

There was no urgent business.