Councillor Nicholas Bennett JP was appointed Chairman for the Committee.

There were no declarations of interest.

Revoke the Premises Licence.

Details of the full decision are set out in the following minutes relating to the meeting.

Policy Guidance.

The Council’s Statement of Licensing Policy 2016 -2021 states that the Licensing Authority has instructed its officers to adopt a zero tolerance approach to criminal offences and breaches of licence conditions committed in licensed premises in the Borough. The matters that may be investigated following complaints or concerns include breach of licence conditions.

The Statement of Licensing Policy also provides that there should be a clear separation of the planning and building control functions and the licensing regimes. Licensing applications should not be a re-run of the planning application process. The Licensing Authority will not grant an application for a new Premises Licence or Club Premises Certificate unless it is satisfied that all relevant planning permissions are in place where necessary.

Guidance issued under section 182 of the Licensing Act 2003, paragraph 11.20 indicates that in deciding which of the powers available on a Review for them to use, licensing authorities should so far as possible seek to establish the causes of the concerns which the representations identify. The remedial action should generally be directed at these causes and should always be no more than a necessary and proportionate response.

Judicial authority (Bassetlaw DC v Worksop Magistrates Court) confirms that in a Review involving criminal activity, wider considerations come into play, and the furtherance of the licensing objectives  concerning the prevention of crime. Deterrence is an appropriate consideration for the licensing authority on such a review.

The premises under review was subject to the Beckenham Town Centre special policy on cumulative impact. The Council’s Statement of Licensing Policy 2016-2021 states “it would be the Licensing Authority’s intention to refuse to grant new premises/club licences or variations, unless the application is such that the grant of the licence would have no further detrimental impact on the area and the promotion of the licensing objectives”.

Current Government guidance (April 2018) states at paragraph 14.36”while a large night club or high capacity public house might add to problems of cumulative impact, a small restaurant or theatre may not. If the licensing authority decides that an application should be refused, it will still need to show that the grant of the application would undermine the promotion of one of the licensing objectives and that appropriate conditions would be ineffective in preventing the problems involved”.

Paragraph 14.38 states that “Special policies can also not be used to justify rejecting applications to vary an existing licence or certificate except where those modifications are directly relevant to the policy (as would be the case with an application to vary a licence with a view to increasing the capacity limits of the premises) and are strictly appropriate for the promotion of the licensing objectives”.

Background information

The premises licence was obtained in November 2016 and the venue opened in December 2016.

The premises were formerly in retail use. The planning authority was notified of an intention  ...  view the full minutes text for item 9.