Agenda and minutes

The Chairman welcomed everyone to the meeting.

NOTED that there were no apologies for absence.

Members are invited to identify any personal or prejudicial interests relevant to items on the agenda.

Please refer to the attached guidance note.

There were no declarations of interest.

To receive the report of the Head of Licensing asking the sub-committee to consider the following application:

RECEIVED the report (No. 24) of the Acting Head of Licensing.

Application is made by Tesco Stores Ltd for a New Premises Licence

SUBMITTED an application by Tesco Stores Ltd for a Premises Licence.

TABLED AND RECEIVED a revised set of conditions that replaced the conditions on page 25 of the report.

NOTED

1.         The Chairman stated that this was an application for a premises licence.  He reminded the persons present that the Sub Committee were guided by the Licensing Act 2003 and not by any planning objectives.

2.         The opening statement of Mr Galvayne, Licensing Officer, including:

a.         The application sought the following:

·        Hours the premises were open to the public Sunday to Saturday from 06:00 to 23:00.

·        Supply of alcohol (off supplies) Sunday to Saturday from 06:00 to 23:00.

b.         That as the conditions sought by the Metropolitan Police had been met the Metropolitan Police had withdrawn their representation.

c.         The applicant and Environmental Health could not agree on condition 11.

d.         Two local residents had attended the hearing to present their representations. 

e.         The applicants representative, Mr Davies, would propose amended versions of conditions 7 and 8 that the Licensing Department had no objection to.

3.         The statement of Ms Collins, Environmental Health Officer including:

a.         The reason for the representation from the Environmental Health Authority were that there was a potential for noise and disturbance to nearby residents from deliveries to the store, particularly early in the morning and at weekends.  Tesco was situated in a parade of shops in Windmill Hill with residential flats above and residential houses behind the store, near to the delivery area in Florence Avenue.

b.         Florence Avenue was a narrow residential road which was seriously parked mainly due its near proximity to the railway station.  It was Ms Collins view that large delivery lorries for Tesco would cause noise nuisance and problems for the residents of Florence Avenue.

c.         Ms Collins asked the sub committee to consider page 73 of the guidance section 6.3 which stated that supermarkets may sell alcohol for the same hours as they were permitted to make non-regulated sales unless there were exceptional reasons.  She also asked the sub committee to consider page 13 paragraph 19.3 of Enfield’s Licensing Policy which related to the prevention of nuisance and paragraph 8.3 which stated that stricter conditions could be imposed if the premises were immediately adjacent to residential properties.  She suggested that the large delivery lorries could potentially cause a nuisance as they would be very close to residential properties. 

d.         Ms Collins stated that the representation was only concerned with the delivery of alcohol and was asking that delivery of alcohol was restricted to 08:00 to 23:00 Monday to Saturday and 10:00 to 22:30 on Sunday.

e.         In replying to a question from the Chairman Ms Collins confirmed that the store had planning permission to deliver other goods outside of the hours she was requesting above.  Mr Davies, the applicants represented stated that if the Sub Committee were to restrict the hours for the delivery of alcohol this would not effect the delivery of other goods to the store as  ...  view the full minutes text for item 92.

Application is made by Mohmmed Salim for a variation of his Premises Licence.

SUBMITTED an application by Mr Mohmmed Salim for a variation of a Premises Licence.

            NOTED

            1.            The statement of Mr Galvayne, Licensing Officer, including:

a.That the application was for a variation to the current Premises Licence to allow the sale of alcohol 24 hours 7 days a week.

b.Conditions set by the Metropolitan Police and the Environmental Health had been met and therefore both parties had withdrawn their representation.

c.Representation had been received in the form of an email from a local resident, Ms Goodfellow, a copy of her representation was included in the report on page 45.  Ms Goodfellow was not present at the hearing.

d.                  In replying to a question from the Chair Mr Galvayne confirmed that the store was not in a no drinking zone and the closing times of the local public houses were as follows:

·        The Kings Head 24:00

·        The Salisbury Arms 23:30 and

·        The Queens Head 23:00

2.            The statement of Mr Salim, including:

a.                  That the supermarket which was situated in a highly populated area was currently open 24 hours a day.  Mr Salim had submitted the application after receiving a number of requests to do so from regular customers.

b.Mr Salim stated that the premises, in the 2 years since he had been there, had not had any problems with regard to law and disorder.

c.In answering a question from the Chairman with regard to the statement in Ms Goodfellow’s email that the premises had been known in the past to sell alcohol to under aged drinkers, Mr Salim stated that this must have been the previous owners of the premises.

d.                  Mr Salim confirmed that the store did not and did not intend to sell alcohol to customers who were obviously drunk.  He had no knowledge of local public houses in the area experiencing problems with drunk customers.

RESOLVED that

(1)       In accordance with the principles of Section 100(A)(4) of the Local Government Act 1972 to exclude the press and public from the meeting for this item of business on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 1 of Schedule 12A to the Act, (as amended by the Local Government (Access to Information) (Variation) Order 2006 as are listed on the agenda).

The Panel retired, with the legal representative and administrator, to consider the application further and then the meeting reconvened in public.

(2)       The following statement was made by the Chairman:

“We note the application and the representation from the interested party.  Unfortunately due to the interested party not being at the hearing today we were unable to question her on her representation.   Having regard to the council’s Licensing Policy and the representation the application for the variation of this Premises License is granted subject to the conditions in the report.  The applicant is reminded that he must adhere to the statutory licensing objectives and that if not the responsible authorities or interested parties could ask for  ...  view the full minutes text for item 93.

To receive a verbal report from the Head of Licensing

REPORTED that the temporary events notice for Luckys had been withdrawn and that the Sub Committee therefore had no notice to consider in respect to this application.

To agree the minutes of the meetings held on 16 May 2007 and 30 May 2007.

NOTED that the minutes of the following meetings were agreed:

16 May 2007 and

30 May 2007.