Agenda and minutes

The Chairman of the meeting was confirmed as Councillor Yusuf Cicek, who welcomed all those present and introduced the Sub-Committee members.

Members of the Sub-Committee are invited to identify any personal or prejudicial interests relevant to items on the agenda. Please refer to the guidance note attached to the agenda.

NOTED that there were no declarations of any personal or prejudicial interest in respect of items on the agenda, but Councillor Alan Barker stated that S. T. Food & Wine premises was near to where he lived (one and a half blocks away) and he sometimes bought a newspaper there, but he had not discussed this application with anybody previously and was coming to the hearing with an open mind.

Application to vary the Premises Licence.

RECEIVED an application from Mr Mohammad Wasim Khan and Mrs Shabnum Khan to vary the Premises Licence.

NOTED

1.            The opening statement of Mark Galvayne, Principal Licensing Officer, including the following points:

a.  The application was to vary the existing Premises Licence. The existing hours were set out on page 4 of the agenda pack. No variation was sought to the hours the premises were open to the public, but the applicants sought to extend the hours for supply of alcohol to match the hours of opening.

b.  The Police and Trading Standards had no objection to hours sought, but requested additional conditions, as set out on pages 21 to 23 of the agenda pack. All the requested conditions had been agreed by the applicants and the representations of the Police and Trading Standards had therefore been withdrawn.

c.  The only representations remaining were from three Interested Parties whose letters were set out on pages 17 to 20 of the agenda pack.

d.  Ms Elaine Barthus and Jane and Steven Morley had confirmed that they maintained their objections but were not able to attend the hearing today.

e.  The Fox Lane and District Residents’ Association had a representative in attendance to make representation.

2.            The opening statement of Mr Andy Barker, Fox Lane and District Residents’ Association, including the following points:

a.  He was the Chairman of the Fox Lane and District Residents’ Association and was attending to represent the members of that association, amounting to 530 households in the local area. The Association covered the area within N13 and N14 bounded by Bourne Hill, The Bourne, High Street, Cannon Hill, Aldermans Hill and Green Lanes, and many of their members would be affected by any problems emanating from this premises.

b.  They objected on the grounds of three of the Licensing Objectives: the prevention of crime and disorder, public safety and the prevention of public nuisance and would argue that the fourth objective of the prevention of children from harm also applied.

c.  He highlighted s.8.4 of the Council’s Licensing Policy as highly relevant in this case; that stricter conditions with regard to licensing hours may be required for licensed premises situated in or immediately adjacent to residential areas to ensure that disturbance to local residents is avoided. This premises, although situated on Green Lanes, was directly opposite a large residential area and there was a residential area to the rear and many customers would pass through.

d.  Granting this application would exacerbate the problems already experienced in the locality of rowdiness, vandalism and litter, particularly discarded beer cans.

e.  The Police and Trading Standards had felt that further conditions needed to be applied, but most covered only the premises themselves. Only two conditions affected outside the premises: the requirement for signs advising customers that the premises was in a Drinking Control Area and that alcohol should not be taken off the premises and consumed in the street; and that prominent, clear and legible notices shall be  ...  view the full minutes text for item 405.

Application to vary the Premises Licence.

RECEIVED an application from Mr Andreas Demetriou to vary the Premises Licence.

NOTED

1.            The opening statement of Mark Galvayne, Principal Licensing Officer, including the following points:

a.  The application sought to vary the existing Premises Licence.

b.  The applicant sought to extend hours for supply of alcohol and late night refreshment, and to extend the licence to provide live music and facilities for dancing.

c.  Additional conditions requested by the Police and Trading Standards were listed on pages 51 to 53 of the agenda pack. On Monday 18 October the applicant, Mr Demetriou, had provided a letter, copies of which had been distributed to all parties, to advise that he agreed to the conditions as requested by Police and Enfield Trading Standards numbered 1 to 18.

d.  On that basis, the Police representation had been withdrawn.

e.  Trading Standards’ representation was set out on pages 44 to 47 of the agenda pack. The representation in respect of the conditions was withdrawn, but Trading Standards maintained the representation in respect of hours.

f.  Trading Standards had provided a further document, copies of which had been distributed to all parties, setting out additional information in support of their representation, from two further visits made to the premises.

g.  One representation was received from an Interested Party, Ms Jenny Singleton, as set out on pages 48 to 50 of the agenda pack. Officers had not heard from Ms Singleton and had to proceed on the basis that that representation remains.

2.                  The opening statement of Ellie Green, Principal Trading Standards Officer, including the following points:

a.  Trading Standards were pleased that Mr Demetriou had agreed to all conditions.

b.  The representation therefore focussed on the objection to the full licensing hours applied for.

c.  Trading Standards proposed alternative times as set out in the table on page 46 of the agenda pack.

d.  The reasons for that proposal were:

(i)  On five occasions live music had been observed without a licence or TEN in place. Advice was given on each occasion.

(ii)  When officers visited on the second occasion on 28/08/10 at 02:25 they witnessed live music still being played which was very loud outside the premises and was audible up to 350 High Road into LB Haringey in one direction and to 18 Green Lanes (corner of Berkshire Gardens) in the other.

(iii)  Observations on 28/08/10 showed that live music was escaping through air vents. Officers offered to carry out a noise assessment the following week to assess effectiveness of work to prevent this noise escape. To date no request had been made and so officers had to assume that no such work had been carried out.

(iv)  There were several residential properties in the area, and a representation had been received from a resident of Lyndhurst Road.

(v)  Four out of five of the observations recorded were carried out after the application was made on 09/08/10. Despite advice given orally and in writing, issues  ...  view the full minutes text for item 406.