Issue - meetings

Application to review a premises licence.

RECEIVED the application made by the Licensing Authority for a review of the Premises Licence held by Pennycraft Properties Ltd at the premises known as and situated at Tandoori Nights, 27 Station Parade, Cockfosters Road, EN4 0DW.

NOTED

1.    The introductory statement of Ellie Green, Principal Licensing Officer, including the following points:

a.  The review application was brought by the Licensing Authority and supported by the Metropolitan Police Service, based on the prevention of crime and disorder licensing objective.

b.  There were reported immigration issues relating to staff at the premises since 2014.

c.  The Licensing Authority still considered it appropriate that the licence be revoked in its entirety.

d.  Mr Shahzad Karim (Director of Pennycraft Properties Ltd, Premises Licence Holder) and Mr Mohammed Rasid (Designated Premises Supervisor (DPS)) and Mrs Rasid were present at the hearing and were represented by Mr Miah, Barrister, Great James Street Chambers.

2.    The statement of Ms Charlotte Palmer, Licensing Enforcement Officer, including the following points:

a.  The Licensing Authority was seeking a review on the grounds that staff were employed who were not legally entitled to work in the UK, and this was contrary to the licensing objective of the prevention of crime and disorder.

b.  The Licensing Authority was seeking a revocation of the premises licence in its entirety.

c.  There was a significant history of concerns relating to this premises dating back to 2008.

d.  In 2014 there were five arrests of workers. Details were provided in the witness statement of Abigail Gillett, Immigration Officer (Appendix 6).

e.  On 17 October 2014 Licensing Enforcement Officers made an intelligence gathering visit with Immigration Officers and when the officers entered the premises four members of staff from the kitchen ran out of the back door of the premises.

f.  Subsequently, a letter (Appendix 1) was sent to the premises licence holder recommending they submit a minor variation application to strengthen the licence conditions. This gave the opportunity for the licence holder to put processes in place rather than face a review of the licence.

g.  The letter included a warning that should further similar offences be committed at the premises, the Licensing Authority may take action to have the licence permanently revoked.

h.  A minor variation was submitted in January 2015 and the details in the letter were not challenged.

i.  At a visit by Immigration Officers in June 2015 another worker was arrested for working in breach of his Temporary Release conditions. A statement of Kate Gardner, Assistant Immigration Officer, was set out in Appendix 3. This arrest resulted in the issue of a £15,000 fine. The company challenged this decision by objecting but the original penalty was upheld in September 2015.

j.  In October 2015 the Licensing Authority was informed that the date to lodge an appeal had passed. They had since been advised that the fine was the subject of a challenge, but it was unclear whether the challenge was to the level of the fine or the issuing of  ...  view the full minutes text for item 281

Application for a new premises licence.

RECEIVED the application made by Starfish & Coffee House Limited for the premises known as and situated at The Starfish & Coffee, 92 Aldermans Hill, London, N13 4PP for a new Premises Licence.

NOTED

1.    The introductory statement of Charlotte Palmer, Licensing Enforcement Officer, on behalf of the Licensing Authority, including the following points:

a.  The venue was previously an estate agents and had therefore never had a premises licence.

b.  The application for a new premises licence had been made by Mr Aykut Hilmi on behalf of Starfish & Coffee House Limited.

c.  The hours sought were as set out on page 1 of the agenda pack.

d.  The application had been considered by the Police and the Licensing Authority and, following agreement on modified conditions, their representations were withdrawn.

e.  A further 12 representations had been made against the application and two representations in support, from interested parties who were local residents. The representations were set out in Annex 03 to the report.

f.  The applicant had attempted to mediate with objectors, but only two interested parties attended the meeting. No representations were subsequently withdrawn or amended.

g.  The interested parties’ representations were based on concerns related to the licensing objectives of public safety, prevention of crime and disorder, and prevention of public nuisance. There were concerns about the outside seating area in particular, noise, traffic and parking, intimidation by customers, littering, and about what future owners might do.

h.  Interested parties 3 and 8 had proposed modifications to a licence to limit opening hours until 16:00/16:30 Sunday to Friday and to 18:00 Saturday, and to 21:00 one night per month.

i.  A street trading licence had been granted in September 2015, permitting outside seating at the venue.

j.  A temporary event notice was in place on 17/10/15, and no complaints had been made to the Council.

k.  Recent legislation changes relating to regulated entertainment were highlighted, as set out in Para 4 of the report.

l.  The licence would be in the name of Starfish & Coffee Limited, not Mr Hilmi. Mr and Mrs Hilmi were directors of the company and were present at this hearing.

m.  IP7, Mr Younger, was acting as spokesperson for the interested parties and on behalf of Fox Lane and District Residents’ Association. IP3, IP10 and IP11 were also present at this hearing.

n.  In response to Members’ queries regarding the street trading licence, Charlotte Palmer advised that this had been referred to for information as some of the representations related to the outside tables and chairs. That licence was separate from today’s hearing. Interested parties confirmed that they were aware of the situation and understood that they were without an ability to object to the street trading licence.

2.    The statement of Mr Colin Younger, on behalf of the interested parties, including the following points:

a.  He highlighted that stricter conditions may be applied where a premises was in or adjacent to residential areas, so that disturbance could be avoided.

b.  The main  ...  view the full minutes text for item 202