Agenda for Licensing Sub-Committee on Wednesday, 22nd June, 2016, 10.00 am

Agenda and minutes

Venue: Council Chamber, Civic Centre, Silver Street, Enfield, EN1 3XA. View directions

Contact: Jane Creer 0208 379 4093 Email: jane.creer@enfield.gov.uk 

Items
No. Item

27.

WELCOME AND APOLOGIES FOR ABSENCE

Minutes:

Councillor Levy as Chair welcomed all those present and explained the order of the meeting.

28.

DECLARATION OF INTERESTS

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

 

Minutes:

There were no declarations of interest in respect of items on the agenda.

29.

ORDER OF THE AGENDA

Minutes:

AGREED that the order of the agenda be varied to accommodate parties present at the hearing. The minutes follow the order of the meeting.

30.

DOMINOS PIZZA, 43 GREEN LANES, LONDON, N13 4TN (REPORT NO. 23) pdf icon PDF 1 MB

Application for a new premises licence.

Additional documents:

Minutes:

RECEIVED the application made by A&A Pizza Company Ltd for the premises situated at Domino’s Pizza, 43 Green Lanes, London, N13 4TN for a new Premises Licence.

 

NOTED

 

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

a.  The application was for a new premises licence, submitted by A&A Pizza Company Ltd trading as Domino’s Pizza.

b.  The application sought operating hours and late night refreshment (both indoor and outdoor) until 00:00 Sunday to Thursday and until 01:00 Friday and Saturday.

c.  The premises already had a licence for late night refreshment (indoors only) until 00:30 every day and opening hours 24 hours daily. The premises had been a Greek restaurant, To Spitiki, and had a licence since 2005.

d.  In response to the application, the Police and Licensing Authority had proposed further conditions, which the applicant had agreed to and those representations were therefore withdrawn.

e.  One local resident had made an objection, as set out on page 69 of the agenda pack, based on the prevention of public nuisance. In response, the applicant was willing to meet the resident and to take further steps to address the concerns, as set out on page 70 and their supplementary information. The resident however had not responded to any emails in respect of the hearing or the further measures proposed, and was not present at this hearing.

 

2.    The statement of Mr Haroon Zafar, Chief Compliance Officer, on behalf of Domino’s Pizza, including:

a.  This was a new franchise, which was one of ten Domino’s Pizza sites across North London, most of which were open up to 01:00 at weekends.

b.  There was a business demand.

c.  This operation opened in Green Lanes three weeks ago and was trading to 23:00, using the existing premises licence, but would like later hours including to 01:00 at weekends.

d.  He confirmed there would be no alcohol sales and no live music: this business would be simply pizza delivery and takeaway.

e.  The business took its responsibilities seriously, and the way it would trade in the area would be with regard to local residents.

 

3.    Mr Zafar responded to the Chair’s query regarding proportion of delivery to shop ordered pizzas: it was confirmed that business was 70% home delivery and 30% shop orders.

 

4.    The summary statement of Ellie Green, Principal Licensing Officer, including:

a.  Having received the representations from all parties, it was for the Licensing Sub-Committee to take such steps as it considered appropriate for the promotion of the licensing objectives.

b.  To assist that decision, she drew Members’ attention to Home Office Guidance 10.13 and 13.18.

 

RESOLVED that

 

1.         In accordance with the principles of Section 100(a) 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 involves the likely disclosure of exempt information as defined in Paragraph 7 of Part 1 of Schedule 12A to the Act.

 

The Panel retired,  ...  view the full minutes text for item 30.

31.

SILVER HAWK CARIBBEAN JERK CUISINE, 68 HIGH STREET, ENFIELD, EN3 4ER (REPORT NO. 22) pdf icon PDF 4 MB

Application to review a premises licence.

Minutes:

RECEIVED the application made by the Metropolitan Police Service for a review of the Premises Licence held by Berf Catering Ltd at the premises known as and situated at Silver Hawk Caribbean Jerk Cuisine, 68 High Street, Enfield, EN3 4ER.

 

NOTED

 

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

a.  This was a review application brought by the Metropolitan Police Service.

b.  The premises licence had been in place since October 2015, with Ms Alisha Patterson as the premises licence holder (PLH) and designated premises supervisor (DPS).

c.  The licence currently permitted supply of alcohol (on supplies only) 12:00 to 23:45 daily and opening hours 11:30 to 00:00 daily.

d.  On 10/05/16 this application was made to seek revocation of the licence based on all four of the licensing objectives; the prevention of crime and disorder, the prevention of public nuisance, public safety, and the protection of children from harm, following breaches of the times and conditions of the licence. Further details were included from page 14 of the agenda pack.

e.  The review application was supported by the Local Authority, as set out in Annex 05 of the report.

f.  Ms Patterson had provided a witness statement, as set out in Annex 07 of the report.

 

2.    The statement of Mr Matt Lewin, Cornerstone Barristers, on behalf of the Metropolitan Police Service, including:

a.  The review application was brought on the grounds of all four licensing objectives, as all four were being undermined by the way this business was being operated.

b.  There had been four visits to the premises by Police, and breaches of the Licensing Act had been observed, and numerous breaches of individual conditions of the licence.

c.  This premises was licensed as a restaurant but in reality it had been trading as a bar or even as a night club. DJs, MCs and later hours were typical, and the operators appeared to have been charging for entry.

d.  Police had completely lost confidence in the ability of the management to take responsibility for the premises.

e.  There had been no reported incidents of crime and disorder linked to the premises, but the licensing objectives required more than just that.

f.  Evidence was highlighted in chronological order. In May 2015 it had come to the attention of the Licensing Authority that this premises was operating without a licence when a licence was required. An application was eventually submitted in October and a licence granted with a terminal hour of 00:00 every night and alcohol allowed to be served up to 23:45. Conditions 19 and 20 made it clear that this was a restaurant and nothing else, and that consumption of alcohol was tied to taking a table meal here. Condition 9 set out the requirements of the CCTV system, and that staff members should be competent in operating the footage at the request of Police or officers.

g.  A witness statement had been provided by PC Karen Staff, including details of complaints about  ...  view the full minutes text for item 31.

32.

EURO EXPRESS, 212-214 CHASE SIDE, ENFIELD, EN2 0QX (REPORT NO. 24) pdf icon PDF 2 MB

Application for a new premises licence.

Minutes:

RECEIVED the application made by Mr Haci Siringul for the premises situated at Euro Express, 212-214 Chase Side, Enfield, EN2 0QX for a new Premises Licence.

 

NOTED

 

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

a.  The application was for a new premises licence, submitted by Mr Haci Siringul.

b.  The application sought operating hours of 24 hours daily, and supply of alcohol (off supplies only) 08:00 to 00:00 daily.

c.  The premises did have a licence, under a different named premises licence holder. The current licence only permitted sale of alcohol to 23:00 latest. This licence had been subject to review and had been revoked by the Licensing Sub-Committee on 27/4/16. An appeal had been lodged, but the matter was still to be determined by the magistrates court.

d.  The Licensing Authority was satisfied there was no connection between this applicant and the named premises licence holder Mr Ali Arslan on the other licence that existed.

e.  Additional conditions were sought by the Licensing Authority and the Police and were agreed by the applicant. Representations by the authorities were duly withdrawn.

f.  Representations were made against the application by six local residents, as set out in Annex 03, on the grounds of prevention of crime and disorder, prevention of public nuisance, and the protection of children from harm. The first interested party had advised they were unable to attend this hearing. All the other five residents were invited, but none had confirmed or declined attendance. The Chair confirmed that all parties had received and read all the points made by the residents.

 

2.    In response to the Chair’s query, it was confirmed that once the outcome was determined in court in respect of the current licence, the Licensing Authority would notify the present licence holder.

 

3.    The statement of Mr Robert Sutherland, Keystone Law, solicitor on behalf of Mr Haci Siringul, the applicant, with interpretation assistance by Mr Gokan, including:

a.  There was a current licence for Euro Express as opposed to Euro International, which would be the new shop name.

b.  He was not instructed by the holder of the current licence, so was not able to offer its surrender. If granted, this licence would be slightly wider and would be the licence relied upon.

c.  The additional conditions sought had been agreed and were set out in Annex 04.

d.  The main difference from the current licence was the extra hour for supply of alcohol between 23:00 and 00:00. This additional hour was quite important from a commercial perspective. There were other convenience shops trading in the area and Mr Siringul believed that being licensed to 00:00, which was within the core hours policy, would be needed to make this business a viable concern.

e.  It was appreciated that the premises was in a residential area, and mitigation of residents’ concerns had been carefully considered, including signs reminding customers to respect the needs of local residents and leave the premises and  ...  view the full minutes text for item 32.