Minutes of this meeting - Merton Council

LICENSING SUB-COMMITTEE 

22 OCTOBER 2012 

(10:00 TO 12:05) 

PRESENT: Councillors David Simpson (in the chair), John Sargeant and 

Stan Anderson. 

Guy Bishop (Legal Adviser) 

Stephen Beedell (Licensing Officer) 

Colin Millar (Democracy Services) 

For the Police: 

Sergeant Peter Sparham 

For Chimichanga 

James Rankin (Counsel) 

Laura Davies (assisting Mr Rankin) 

Darko Salaj (DPS) 

Interested Parties 

Mr M Challacombe 

Mr Nagendran was not present or represented 

ALSO PRESENT: Councillor Logie Lohendran 

1 DECLARATIONS OF INTEREST (Agenda item 1) 

None were made by members. 

Mr Bishop informed the meeting that some 6 years ago in private practice he had 

done some licensing work for Prezzo Plc (The applicant in respect of Chimichanga). 

This would not affect legal advice provided to the Committee and Mr Bishop did not 

have a decision making role. 

2 CHIMICHANGA, BROADWAY, SW19 (Agenda item 2) 

James Rankin presented the application and a revised plan for the premises which 

withdrew the request for outside seating on the ground floor and changed the 

upstairs conservatory to a terrace area. 

He offered to accept the conditions suggested by the Police except that the applicant 

asked that terrace be allowed to be used up to 22:30. The Police did not object to 

this, stating that the decision was for the Licensing Sub-Committee to make. 

In response to questions he said that there was low smoking demand from patrons in 

this type of premises and no special area would be designated. He also said that the 

terrace could be screened to prevent interactions between patrons on the terrace and 

the public. 

Mr Challacombe asked that mitigating measures be put in place to prevent noise and 

All minutes are draft until agreed at the next meeting of the committee/panel. To find out the date of the next meeting 

please check the calendar of events at your local library or online at www.merton.gov.uk/committee. 

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public nuisance arising fro the use of this premises. 

The licensing officer pointed out that the other responsible authorities had not seen 

the revised plan, although they had the original plan submitted. 

The Licensing Sub-Committee retired to take advice and consider their decision. 

On resumption, the chair said that the revised plan had been accepted by the 

Licensing Sub-Committee. 

Mr Bishop said that he had advised the Licensing Sub-Committee on the following 

issues: 

• s17 and s18 of the Licensing Act in respect of the steps to be taken by a Licensing 

Authority in determining an application. 

• the Thwaites case requires Licensing Sub-Committees to assess the evidence 

available, and decide whether it is proper evidence. 

• the Luminar Leisure case allows Licensing Sub-Committees to assess evidence of 

issues beyond the licensee's control and consequently the effect of measures 

appropriate to protect evidence of crime and disorder 

RESOLVED: 

That the revised plan be accepted as part of this application. 

The Licensing SubCommittee considers that this premises is unlikely to add 

materially to the cumulative impact in the defined town centre zone. 

That the License is granted subject to the following conditions and for the reasons 

given below: 

1. That the installed CCTV shall be maintained and operated the whole time 

that the premises are open to the public in accordance with the following 

a) Recordings shall be kept securely for a period of 1 month and be 

available for inspection by both the police and officers of the Council; 

b) The CCTV system shall be serviced and maintained on an annual 

contract with a company specialising in the maintenance and repair of 

CCTV systems; 

c) Recordings shall be made available at ball reasonable times to the 

Police or duly authorised officers of the Council and there shall be a 

member of staff on duty at all times with the ability to operate the CCTV 

system; 

d) The CCTV system shall cover and record images of entry and public 

areas; 

2. Any outside space authorised for outside licensable activity shall not 

operate and shall be closed to customers from 22:30 each night; 

3. Alcohol shall only be served with table meals; 



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4. An incident book shall be used and made available for inspection by police 

and duly authorised officers of the council; 

5. The outside of the terrace shall be screened to a standard approved by the 

licensing authority to prevent interaction with the public, to act as a noise 

barrier and to act as a safety feature; 

6. The premises shall operate a challenge 21 policy; 

7. No speakers are to be placed on the outside terrace; 

8. There are to be no off-sales from the premises. 

Reasons: 

Conditions 1 to 4 were requested by the police and agreed to by the applicant 

and are necessary in order to promote the licensing objectives prevention of 

crime and disorder and prevention of public nuisance. 

Condition 5 and 7 are considered necessary to mitigate noise nuisance and to 

promote the licensing objective prevention of public nuisance. 

Condition 6 is necessary to promote the licensing objective protection of 

children from harm. 

Condition 8 – the revised application has withdrawn the ground floor seating 

area outside the premises for which off-sales would have been required and 

the licensing sub-committee considers that any other off-sales should be 

prevented in order to promote the licensing objectives prevention of crime and 

disorder and prevention of public nuisance. 

3 PERSONAL LICENCE APPLICATION (Agenda item 3) 

The applicant was not present. 

The Licensing Sub-Committee agreed with the Police that the applicant was not a 

suitable person to be the holder of a personal licence and there were no exceptional 

or compelling circumstances put forward by the applicant as to why the licence 

should be granted. 

RESOLVED: That the licence is not granted. 



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Minutes of this meeting - Merton Council

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