Agenda item

RESOLVED

That it be noted that the Committee agreed to:

GRANT planning permission for the change of use of vacant betting shop (Sui Generis use) to adult gaming centre (Sui Generis use) at 40 Deptford High Street SE8.

Subject to conditions and informatives outlined in the report and,

That Condition 3 be amended Condition 3 to restrict hours of the premises operation from: 9 am to 11 pm, Monday to Sunday.

The Planning Officer, gave an illustrative presentation recommending the grant of planning permission for the proposal, as outlined in the Officer’s report.

The Committee noted the report and that the main issues were:

Principle of Development • Urban Design & Heritage Impacts •

Transport • Impact on Adjoining Properties • Flood Risk.

No questions were put to the Officer, by Members.

The applicant addressed the Committee and described the proposal. The applicant discussed: impact on retail, customer demographics, applicants approach to vulnerable groups and mitigation measures and applicants’ positive licensing history, with no police objections.

Members’ questions to the applicant, related to: change of use, hours of operation and application sites’ location.

The DMTL clarified the change of use, as outlined in the Officer’s report.

The Officer advised the local authority’s licensing department, granted the operation hours, as appropriate for the change of use.

The DMTL confirmed there would be an integrated approach with the local authorities Licensing and Planning Committees. The applicant would be expected to comply with the terms of their licence.

The Committee were assured there would be no residential homes situated above the application site.

A representative, with objections addressed the Committee with objections to the proposal. The representative discussed: alcohol and substance abuse around gambling establishments, crime, vulnerable groups within the community, noise and the role of Committees, to protect the local community.

Members’ questions related to: density of gambling venues on Deptford High Street (DHS) and hours of operation.

The Officer confirmed that beside the proposal, one other gambling establishment had recently opened on DHS. The Officer advised Members, there was no guidance available, which gave a definition of what constituted over concentration of gambling venues. The Officer noted that whilst the London Plan identifies the types of venues that could equal harm, it did not quantify the number of each type or combinations required, to equal harm.

The Legal Advisor clarified the local authorities Licensing and Planning Committees’ integrated approach to such applications. Members were assured that the police could require a review of the licence in the future..

The Committee were assured the applicant would not be able to ignore either decisions of the Licensing Committee or Planning Committee. The applicant must comply with both Committees decisions. Members were advised if the Planning Committee were minded to refuse the application, the Committee must provide very good reasons for its decision.

During Member discussion, several members expressed strong concern regarding the hours of operation, approved by the Licensing Committee. A Member stated that opening hours past 10.00pm was ‘excessive’. Another Member stated the hours approved by the Licensing Committee were ‘club hours’. Another Member summarised the proceedings noting: another gambling establishment was already open and active on DHS, the approved hours licensed to the applicant and community issues. In conclusion that Member proposed the application should be refused.

The Chair sought clarification on whether the application should be refused.

The Legal Advisor cautioned Members against doing so, as there were no grounds to support the decision. It would also be unreasonable to refuse the application, based on views expressed regarding community issues. The DMTL supported the Legal Advisors advice, reminding Members the location of the application site was in a ‘noise rich environment’, a town centre. Therefore refusing the application on the basis of opening hours would be deemed as ‘unreasonable’.

Both the Legal Advisor and the DMTL emphasised that the conditions of the licence granted, regarding the venues operation hours, could be reviewed.

A Member summarised the advice provided and proposed that Condition 3 be amended to restrict hours of the premises operation from: 9 am to 11 pm, Monday to Sunday.

Several Members agreed to the Members proposal.

Members voted on the recommendation in the report with a result of 6 in favour of the proposal and 1 against. It was

RESOLVED

That it be noted that the Committee agreed to:

GRANT planning permission for the change of use of vacant betting shop (Sui Generis use) to adult gaming centre (Sui Generis use) at 40 Deptford High Street SE8.

Subject to conditions and informatives outlined in the report and,

That Condition 3 be amended to restrict hours of the premises operation from: 9 am to 11 pm, Monday to Sunday.