Agenda and minutes

The Chairman welcomed all those present, introduced the Members, and explained the order of the meeting.

Members are asked to declare any disclosable pecuniary, other pecuniary or non pecuniary interests relating to items on the agenda.

NOTED that there were no declarations of interest in respect of any of the items on the agenda.

AGREED that the order of the agenda be varied for the convenience of all attendees, and in respect of the non-attendance of representatives of Kosem Restaurant and Meza Bar at the start of the meeting. The minutes follow the order of the meeting.

Application to review a premises licence.

RECEIVED an application made by the Licensing Authority for a review of the Premises Licence held by Mr Yilmaz Celik at the premises known as and situated at Montague Supermarket, 171-173 Montagu Road, Edmonton N18.

NOTED

1.  The introduction by Mark Galvayne, Principal Licensing Officer, confirming the emailed agreement between the Licensing Authority and the licence holder on 31 October 2013, which had been circulated to all parties. The Sub-Committee was asked to determine the issue in the light of this agreement.

2.  The Chairman welcomed the agreement but noted that the Sub-Committee were concerned that there had been alcohol sales to children under 18, and were mindful of guidance that even in a first such incidence, Trading Standards had the facility to consider revocation of a licence.

3.  In response to the Chairman’s queries regarding the original representation, Ellie Green, Principal Trading Standards Officer, advised that officers making compliance visits believed that a lot of the problems related to the lack of presence of the Designated Premises Supervisor (DPS). It was a requirement of the review to vary the DPS, and that had been done since the review application was made. Trading Standards were satisfied that the change of DPS was a material consideration. There had also been a further test purchase which had been refused, and in addition the hours of operation had been agreed and conditions strengthened.

4.  The Chairman’s further points in respect of responsibilities of licence holders and the seriousness of alcohol sales to under 18’s, and that any further breach would be likely to lead to a review of the licence.

5.  The licence holder’s representative thanked the Local Authority licensing team and the Police for working with their client. A test purchase had been correctly refused in September, and a compliance visit in October had found that all conditions were being complied with. The licence holder understood the seriousness of the situation and would work even harder to ensure the licence was complied with.

RESOLVED that the Licensing Sub-Committee RESOLVED to modify the conditions of the licence in accordance with the agreement made by the Licensing Authority and the operators.

Application to vary a premises licence.  

RECEIVED an application made by Zed 1 Enterprises Limited for the premises known as and situated at McDonalds, 112-118 Fore Street, Edmonton N18.

NOTED

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

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

b.  The current hours permitted late night refreshment from 23:00 until 00:00 every day of the week. The application sought late night refreshment from 23:00 until 01:00 the following day on Sunday to Thursday and from 23:00 until 02:00 the following day on Friday and Saturday.

c.  The application was subject to representations from the Metropolitan Police Service and the Licensing Authority.

d.  It was confirmed that the premises was located in the Edmonton Cumulative Impact Policy Area. Therefore the Cumulative Impact Policy (CIP) applied to this application. The Core Hours for late night refreshment were 23:00 to 00:00.

e.  This application was therefore outside the Core Hours of the CIP.

f.  As set out in para 5.10 of the report, the Council’s policy was that this application was subject to the presumption against grant that was implicit in a CIP.

g.  As set out in para 5.11 of the report, where the CIP applied to an application, applicants were expected to demonstrate an understanding of how the policy impacted on their application; any measures they would take to mitigate the impact; and why they considered the application should be an exception to the policy.

h.  A statement regarding Cumulative Impact received from Zed1 Enterprises Ltd t/a McDonalds was included as Annex 06 to the report.

i.  Though not material to this application, in response to the Chairman’s query it was advised that core hours for alcohol sales in the Edmonton CIP Area were until 23:00 in pubs and off-licences and until 00:00 in restaurants for all new and variation applications since April 2012.

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

a.  The Licensing Authority had considered the application and had objected to it in its entirety.

b.  Officers had also considered the statement in Annex 06 to the report.

c.  The main reason for objection was that the premises was situated in the Edmonton CIP, and the core hours should not exceed 00:00 for late night refreshment. The hours applied for exceeded that time and so the Licensing Authority had no choice but to object.

d.  There had been no recent complaints, but a history of high crime statistics in the vicinity had led to the introduction of the Edmonton CIP. Crime levels were also highest in the area between 23:00 and 01:00.

e.  If the premises was open at this time it may attract problems because of where it was situated, irrespective of licence conditions.

f.  Allowing any extension of hours could have a negative impact on crime and disorder and public nuisance, and would not support the CIP.

g. However, should the Sub-Committee be minded to grant the application, amended  ...  view the full minutes text for item 468.

Application to review a premises licence.

RECEIVED an application made by the Licensing Authority for a review of the Premises Licence held by Ms Melek Akgun at the premises known as and situated at Kosem Restaurant & Meza Bar, 500-504 Hertford Road, Enfield EN3.

NOTED

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

a.  The application was to review the Premises Licence and was made by the Licensing Authority.

b.  The application was set out in Annex 03 to the report.

c.  Additional information to the Licensing Authority representation was set out on page 33 – 38 of the agenda pack.

d.  It was confirmed that the Licensing Authority now sought revocation of this licence.

e.  Subsequent to publication of the agenda, the Licensing Authority provided further additional information by email dated 28.10.13, circulated in advance of the meeting.

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

a.  She requested to submit further additional written information relating to the weekend of 2 / 3 November. This was not agreed to be received by the Chairman.

b.  The initial review application was made because of noise complaints, noise abatement notice, and breaches of permitted hours at the premises.

c.  The initial review application sought to reduce the licensed hours for regulated entertainment and to amend/add further conditions.

d.  However, subsequent to the initial review application, further complaints were received, bringing the total number to 20, and the noise abatement notice was breached.

e.  Offences had continued despite Ms Akgun, the licence holder and DPS, knowing that this hearing was pending.

f.  Ms Akgun was interviewed under caution on 4 November 2013. Up to that point, it was considered that her responsibilities as licence holder had not been taken seriously and that she had been slow to act.

g.  The stage had now been moved from the window and a board put up, but there had been insufficient time to assess whether the changes had any effect.

h.  Officers had also been informed that musicians had been sacked, but the responsibility was with the licence holder to ensure that music volume was appropriate.

i.  The current ownership of the premises dated from April, and all the alleged offences listed had all occurred since the opening night on 9 June 2013.

j.  Officers had come to the conclusion that this licence should be revoked based on the prevention of public nuisance and the prevention of crime and disorder licensing objectives.

k.  The same problems had continued over five months, despite letters and visits: officers had no confidence in the licence holder, and considered that residents had suffered enough.

l.  The premises was located within the Enfield Highway Cumulative Impact Policy (CIP) Area, where there was a greater occurrence of crime and disorder, and there were many residential properties.

m.  There had also been breaches of hours approved under Planning permission (Ref TP/92/1037/1).

n.  Even on the previous weekend, in the early hours of 3 November  ...  view the full minutes text for item 469.

To receive and agree the minutes of the meetings held on Wednesday 21 August, 11 September and 18 September 2013.

RECEIVED the minutes of the meetings held on 21 August, 11 September and 18 September 2013.

AGREED that the minutes of the meetings held on 21 August, 11 September and 18 September 2013 be confirmed and signed as a correct record.