Officers advised that since the publication of the agenda, Councillor John Bowcott had been appointed to the Committee (in place of Councillor Michael Bull).

None.

Councillor John Bowcott declared an interest (but not a disclosable pecuniary interest) in Item 5 (The designation of parts of the highway for the purposes of Street Trading) by reason that, prior to his recent appointment to this Committee, he had made representations pointing out defects in the proposal for a new licence streets designation for an area on the “Island Site” opposite 54 High Street, Wimbledon, SW19. He indicated that he felt able to take part in discussions on the proposal but would not vote on the proposal.

Officers circulated a paper detailing a revised version of Minute (5) (The designation of parts of the highway for the purposes of Street Trading) including paragraph nos. for each site (as shown in the November agenda).  It was also noted that in Minute (5) “Fizzle” should read “Frizzle”.

RESOLVED: That the Minutes of the meeting held on 27 November 2014 be agreed as a correct record, subject to the existing Minute (5) being replaced by the revised version now circulated, subject to “Fizzle” reading “Frizzle”.

1. Barry Croft (Licensing Manager) introduced the report, including advising that, in order to obtain more evidence to justify introducing a Cumulative Impact Zone (CIZ) for Mitcham Town Centre, it was proposed to engage an organisation to do a survey of low level anti-social behaviour in the area.

2. The Committee then considered the recommended amendments to the revised Statement of Licensing Policy (as shown in Appendix A of the report), including seeking advice from officers on various queries.  The Committee’s comments and any further amendments are detailed below.

(a) Officers confirmed that if the Committee agreed to the recommended amendments, this would include the changes suggested by Counsel (also detailed in Appendix A)

(b) para. 3.11.2 (page 22) - Guy Bishop advised that the use of the word “appropriate” instead of “necessary” reflected the wording in the 2011 Act.

(c) para. 4.2.4 (top of page 25) – Barry Croft advised that the wording “extended police family” referred to the Metropolitan Police and other police bodies such as the Transport Police, but undertook to look at this wording.

(d) para. 7.1 (page 28) – A member suggested that the current wording of this paragraph implied that planning control could take account of “need” which was not the case except in relation to out of town shopping centres.  The Committee agreed that the wording needed to be clarified.

(e) para. 7.10, line 3 (page 32) – A member suggested that “one or more” should read “any”.  Guy Bishop advised that this wording reflected the legislation, but could be altered if desired.  The Committee agreed that “one or more” should read “any”.

(f) para. 13.3 (page 41) – The Committee agreed that the 3^rd sentence be deleted which reads -
“Residents can tolerate an element of noise disturbance in the earlier part of the night when ambient noise levels are higher but find it increasingly intolerable as ambient levels fall later at night when they expect to sleep.”

(g) para. 14.1.5 (page 43) - A member suggested that this long section (relating to irresponsible drinks promotions) was difficult to understand.  Barry Croft advised that this wording reflected the legislation and government guidance, but undertook to look at making this section clearer.

(h) para. 17.1, line 1 (page 48) –  In response to a members query, Barry Croft advised that as the Council’s enforcement policy was due to be upgraded, the wording “longstanding Enforcement Policy”  should be in lower case and the word “longstanding “ deleted.  The Committee agreed to this change.  Barry Croft also agreed to cross reference this section to the new enforcement policy when feasible.

(i) Pool of Conditions (Appendix 1, page 55) – Officers explained that it was proposed that (1) the Appendix detailing a Pool of Conditions be deleted from the Statement of Licensing Policy, as this meant not having change the Statement when the Pool of Conditions was changed; and (2) a separate document be compiled detailing  ...  view the full minutes text for item 5.

1. “Island Site” opposite 54 High Street , Wimbledon, SW19 5AX
(para’s 2.2 (b) & 4.7 (2) )

1.1 David Ryan introduced the report on this proposal and indicated that he had with him, available for inspection, representations received later than the submission of the report, and the original petition included in the report without redactions.

1.2 The Committee then heard oral representations from Mr Headley, a resident in the Belvedere Estates area and a local business operator, in support of the application.

1.3 There was extensive discussion of the proposal.  Officers advised that the Island Site currently included two sites designated for street trading as shown on Appendix B (page 72), namely -
(a) Site 1, 3.6m x 3.6m, used as a flower stall; and
(b) Site 2, 1.83m x 1.55m, currently vacant.

1.4 Officers advised that the current application was for a new area, 3.9m x 1.9m, which would partly overlap Site 2, and was proposed to be used by a food operator using a Citreon van converted to operate as a pizza van.

1.5 Members raised various concerns, including the type of vehicle to be used, the kind of food to be sold and the height of the canopy.  Officers confirmed that if the proposed designation was agreed, then officers could consider such issues when considering any licence application for the new pitch.  Some members also raised other concerns, including its effect on the appearance and openness of the area.

1.6 Some members were concerned that if the proposal were granted, then there would be effectively three designated sites on the Island Site.  Officers advised that as new proposal partly overlapped existing designated Site 2, it would be difficult for an operator to use Site 2.  It was also noted that possible rescinding of licence streets designations was the subject of item 6 on this meeting’s agenda.

1.7 The officers recommendation to grant designation in this case was carried by 6 votes to 2 (Councillors Linda Taylor and Jill West dissenting; and Councillor John Bowcott abstaining.)

RESOLVED: That the officers recommendation to grant the following new licence street designation be agreed -
A new area, 3.9m x 1.9m, on the Island Site” opposite 54 High Street , Wimbledon, SW19 as shown on Appendix B (page 72).

2. The Royal Surrey, 9 Abbotsbury Road, Morden SM4 5LH (para’s 2.2 (a) & 4.7 (1) )

David Ryan introduced the report on this proposal for an extension of the area outside The Royal Surrey PH to 11.7m x 2m.

RESOLVED: That the officers recommendation to grant this licence street designation be agreed as shown on Appendix B (page 71).

Following on from the Committee’s discussion of the previous item above relating to  the “Island Site” opposite 54 High Street, Wimbledon, SW19, it was

RESOLVED: That (1) the licence street designation of Site 2, 1.83m x 1.55m, on the Island Site” opposite 54 High Street, Wimbledon, SW19 as shown on Appendix B (page 72) of agenda item 5, be rescinded, since the site has been replaced in another way (by the above designation of a new area on the Island Site); and

(2) the report be noted.

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