The Licensing Sub-Committee of Croydon Council met on Monday 8 April 2024 to consider an application for a review of a premises licence for The Foxley Hatch. The committee resolved to take no further action but issued an informal warning to the premises licence holder.

Review of Premises Licence at The Foxley Hatch

The Licensing Sub-Committee considered an application for a review of the premises licence for The Foxley Hatch, located at 8-9 Russell Hill Road, Purley, CR8 2LA. The review was initiated by a local resident, an 'other person' under the Licensing Act 2003, citing concerns regarding the prevention of public nuisance.

The premises licence, transferred on 22 December 2023, permits the sale of alcohol on and off the premises, and the provision of regulated entertainment, specifically recorded music, without time restrictions. The Sub-Committee heard that recorded music is not a licensable activity between 8:00 am and 11:00 pm in premises licensed for alcohol sales.

The applicant for the review was not present at the hearing, but had submitted audio and video evidence. The Sub-Committee also heard from the Premises Licence Holder, Donal Ennis, who stated he was unaware of the review application until a meeting with the council's Licensing Team. He explained that since an initial complaint about the premises allegedly trading until 3:00 am, a premises manager had been appointed and a decibel reader purchased. Readings taken during live music performances were reportedly between 55-60 decibels. Mr. Ennis also mentioned attempts to liaise with the applicant, offering a white noise machine and agreeing to monitor decibel readings.

The Sub-Committee discussed the council's Noise Pollution Team's involvement, noting two noise complaints received this year and contact with the applicant in February 2024. No representations were received from other responsible authorities. The Sub-Committee was informed that live music typically occurs fortnightly on weekends.

After deliberation, the Sub-Committee resolved to take no further action regarding the premises licence. However, pursuant to paragraph 11.17 of the Statutory Guidance, they resolved to issue an informal warning to the premises licence holder. This warning highlighted the expectation for premises licence holders to work constructively with residents and responsible authorities, and reminded the licence holder of their powers under Section 177A of the Licensing Act 2003, which allows for the imposition of conditions on live and recorded music between 8:00 am and 11:00 pm in appropriate circumstances.

The Sub-Committee also agreed to exclude the press and public from the hearing for the consideration of video evidence submitted by the applicant, citing the possibility of disclosing personal data.