Agenda item

By way of update, Mr Slaney confirmed that planning permission had now been granted to operate at the proposed times. There were no objectors present.

 Applicant’s case

Mr Avci clarified that although the planning permission allowed opening until 23:00 on Sundays, the premises would close at 22:00.

The intention was to meet the demand from customers arriving by train at Orpington station. There had been no alcohol-related problems at the premises and the nearest residential area was approximately 100 metres away.

Cllr Webber asked if anything could be done about litter and Mr Avci replied that no complaints had been received.  Most customers left by car or bus.

Summary of decision

Following an adjournment, Members returned and the Chairman announced the licence would be granted in accordance with the application.  The licence was subject to the conditions agreed between the applicant and police with an additional condition requiring a “Dispose of litter responsibly” sign to be displaced inside the premises.

The application would not have an adverse effect on the licensing objectives, having regard to objections made.

Reasons

The following are the reasons for the decision.

The Licensing Sub-Committee carefully considered the application for a new premises licence at Sel's Kebab Station Approach Orpington BR6 0ST.  In doing so, they had regard in particular to:

-  The four licensing objectives

-  The Council’s current Statement of Licensing Policy

-  The Secretary of State’s guidance issued under section 182 of the Licensing Act 2003 (December 2022)

-  The application and all representations 

Members noted the absence of any objection from any responsible authority.  In relation to the police, they did not object provided that their conditions were attached, which the applicant said they agreed to. Members were therefore reassured in relation to the prevention of crime and disorder.

Members took into account the Council’s Statement of Licensing Policy, that the access of children to licensed premises will only be limited where it is necessary for the prevention of physical, moral or psychological harm (P27).  No such harm was identified and no alcohol would be sold.  Members therefore reached the conclusion that children would be protected from harm.

Members had no reason to believe public safety would be at risk.

When it came to public nuisance, Members took the concerns raised by local residents seriously, as well as the comments of the ward councillor.  Members were conscious though that pre-existing problems could not be visited upon the applicant.  There was no power to require the applicant to do anything outside of the premises, such as litter picking.  A sign inside the premises would help though.  Members were satisfied that any public nuisance would not be disproportionate or unreasonable. Accordingly, the objective of preventing public nuisance would be met.

The Licensing Sub-Committee therefore decided to grant a new premises licence for Sel's Kebab Station Approach Orpington BR6 0ST in accordance with the application. The licence was subject to the 3 conditions agreed between the applicant and police and new 4^th condition requiring a “Dispose of litter responsibly” sign to be prominently displaced inside the premises.  Those conditions are necessary in order to uphold the licensing objectives.