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Agenda and minutes

Venue: Committee rooms D & E - Merton Civic Centre, London Road, Morden SM4 5DX. View directions

Items
No. Item

1.

Declarations of interest

Minutes:

None

2.

Apologies for absence

Minutes:

None

3.

Minutes from the meeting held 12th June 2014 pdf icon PDF 23 KB

Minutes:

Agreed

4.

Licensing and Gambling Legislation pdf icon PDF 104 KB

Additional documents:

Minutes:

Joint Regulatory Services Partnership

 

Barry Croft spoke to this item, explaining it was early days for the partnership, having come into effect on 1st August, and the purpose of the report was to identify how things have changed under licensing.  Barry Croft stated that his role was purely for licensing for the two local authorities, Merton and Richmond.

 

Resolved: The report was noted by the committee

 

Review of the Statements of Merton’s Licensing and Gambling Policies

 

Barry Croft spoke to this item, and described that he was going to suggest changes to the licensing and gambling policies with a view to making them more robust and/or flexible.  A completed document would then be drafted for agreement by the committee to be taken to full council for adoption.  Barry Croft will bring the proposed changes to the licensing committee meeting on 24th February.

 

Resolved: The committee noted the report, and agreed that the current policy documents, together with the proposed changes, should be considered at its meeting on 24 February 2015.

 

Consideration of a Cumulative Impact Zone Being Introduced in Mitcham Town Centre

 

The Chair introduced this part of the item by referring to the joint discussion with Cllr Draper, Barry Croft and himself, when the possibility of a No-Drinking had also been discussed. Subsequently Barry Croft had provided the Chair with copies of recent guidance documents. He had also explained this item was not technically under the jurisdiction of the licensing committee, and that it was a Safer Merton item. Chris Lee was therefore attending on behalf of Safer Merton to explain the current regulations.

Chris Lee stated that it was relevant to the committee in how to restrict antisocial behaviour related to alcohol consumption.

 

Chris Lee gave the committee information about the Designated Public Place Order (DPPO) which gives police the power to ask anyone consuming alcohol anywhere in the borough to stop where they believe they may cause anti-social behaviour.  If they refuse and continue to drink, this is then an offense where the police may issue a penalty notice or arrest the offender leading to prosecution and a level 2 fine.

The legislation came to an end in October 2014, and new legislation in the form of the ASB Crime and Policing Act 2014 came in giving a range of new powers.  The effect of the new legislation is to allow the DPPO to be extended for a maximum of 3 years.  The current borough wide order can therefore run for up to another 3 years if the local authority and police so wish.

 

The new legislation provides for, amongst other things, a Public Space Protection Order (PSPO).  To be designated by the Local Authority. This would require evidence to be available to show need and consultation with the Police and community representatives before being established.  If a PSPO is established then Designated Local Authority Officers, PCSOs and Police Officers can enforce behaviour prohibited in the designated area in a similar way to DPPOS. If  ...  view the full minutes text for item 4.

5.

The Designation of Parts of the Highway for the Purposes of Street Trading pdf icon PDF 1023 KB

Minutes:

David Ryan gave the committee information about street trading licences, that they cover a designated area, not the whole street,  to enable appropriate enforcement, and that the sole reason for turning down an application was that the business could not be conducted in the space provided by the designated area.

The committee considered the following applications:

 

M & J Halal Meat (Please number these in line with the agenda)

 

Committee agreed the recommendation

 

Rana Food & Halal Meat

 

Committee agreed the recommendation

 

Nordic Style

 

Committee agreed the recommendation

 

Top Fashion Hair & Beauty

 

Committee agreed the recommendation

 

Madura Fancy & Giftware

 

Committee agreed the recommendation

 

Brew

 

Committee agreed the recommendation

 

Monkeys

 

Committee agreed the recommendation

 

The Old Frizzle

 

Committee discussed the possibility of customers straying out of the designated area on the Broadway and the benefits of an appropriate barrier was used on the Broadway frontage.

 

Resolved: The Licensing Committee agreed the recommendation subject to a condition requiring an appropriate barrier on the Broadway frontage of the designated area.

 

Patisserie Valarie

 

Committee agreed the recommendation

 

80 Morden Road

 

Committee agreed the recommendation

 

 

 

 

The ‘Island Site’

 

Committee had concerns relating to the narrowness of the area, the high footfall, particularly on special event days, that horse-riders were potentially at risk from surprise from customers using the van catering service, the existence of a table and chairs outside the designated area as shown in the photograph and whether the van canopy exceeded the designated area.

 

David Ryan confirmed that the issue of the table and chairs has been raised, but he was unaware as to whether they had been brought back into use. He was unaware of the dimensions of the van.

 

Resolved: The Licensing Committee agreed to defer the decision to the February meeting in order to have more information on the size of the designated area, the area occupied by the van when the canopies were in use, and the possibility of de-designation of the area  (without prejudice).  Committee also agreed that a temporary licence be issued to the end of March.