The Licensing Manager introduced the report on the Update of the Council’s Statement of Licensing Policy, proposed Cumulative Impact Zone for Mitcham Town Centre and the Surrounding Area post public Consultation.  He asked the Committee to consider the comments received during the public consultation when 13 representations were received: 9 from local residents, 1 from a local Designated premises Supervisor, 1 from a local Members Club, 1 from  Livewell,  1 from a Responsible Authority (Merton Council Public Health).

The Committee discussed the Public Health representation and it’s requests for wording to be added to the Statement of Licensing Policy. They agreed to the following additions:

·         To section 3.5 - in relation to promoting licensing objectives,

·         To section 11 - two additions, in relation to the protection of children,

·         To Section 7.15 – in relation to a CIZ

The Committee discussed some further requests from Public Health to include wording that embedded health in the policy. However, the Legal Officer advised that this could establish a ‘policy within a policy’ and could leave the Licensing Policy open to challenge via Judicial Review.  The Committee decided not to include the Public Health additional wording at section 1.4, 1.9, 4.1, 4.2.1, 13.7 and 16.6 in the Licensing Policy

The Committee noted the following phrase in the additional wording accepted from Public Health to section 3.5 of the Statement of Licensing Policy:

‘We [The Licensing Authority]would also expect all people applying for licences to install and maintain good quality closed circuit television (CCTV) in the interests of public safety and security’

Members asked if the word ‘expect’ should be replaced by ’require’, but were given advice by the Legal Advisor that this was unnecessary. He explained that Responsible Authorities very often ‘require’ cctv to be installed by applicants within the conditions they seek to impose, but to include this in the Licensing Policy may leave the policy open to challenge via Judicial review. The Committee agreed to leave the word expects in the policy.

The Committee noted that one of the respondents had mentioned the ‘late night levy’.  The Licensing Manager explained that this was an additional charge paid by premises with licences that allow them to open from 0.00 to 03.00am. 70% of the charge goes to the Metropolitan police to pay for additional policing but it is not Borough specific and could be spent anywhere in the London area. The Committee agreed that they were not interested in this levy at this time.

The Licensing Manager presented the section of the report dealing with the proposed CIZ (Cumulative Impact Zone) for Mitcham Town Centre and the surrounding area. The Committee agreed that the Proposed CIZ should cover all the roads shown on the map at appendix 3 attached to the report – those highlighted by a solid line and those highlighted by a dotted line. The Committee agreed to restrict the Mitcham CIZ to ‘Off – premises’ sales only, as the evidence did not suggest that ‘On- premises’ sales needed to be included.  Members asked if ‘On’ sales could be included in the future if necessary. The Licensing Manager confirmed that such a change would need to go back out to consultation.

The Committee noted the information presented by Public Health in their representation, that showed concerning levels of alcohol related issues in areas of the borough not covered by a CIZ or proposed CIZ. No action was proposed at this time.

The Committee asked the Licensing Manager to ensure that the following amendments were made to the Statement:

Page 42 – Seely Road (not Steel) and Tooting Station - National Rail Station (NOT overground)

Page 38 –account taken of Counsel note on Equality Act 2010

Crossed out sections(including those on page 53) to be removed

RESOLVED

The Licensing Committee:

A.   Considered the comments received during the public consultation process, which took place between 22 June and 14 September 2015;

B.   Discussed and Recommend  for approval to Council on 18 November the proposed  Cumulative Impact Zone (CIZ) for Mitcham Town Centre and the surrounding area based on the evidence obtained during the public consultation period, for off sales only,

C.   Approve delegated authority to the Licensing Manager, in consultation with the Chairman of the Licensing Committee, to approve any amendments to the Statement of Licensing Policy following the Committee meeting and prior to submission to Council for adoption on 18 November 2015; and

D.   To approve the draft Statement of Licensing Policy subject to the above paragraph and recommend it for adoption by full Council on Wednesday 18 November 2015.