Agenda and minutes

Councillor Levy as Chair welcomed all those present 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.

There were no declarations of interest regarding the Indian Fusion application. In respect of the PEDSA application non- pecuniary interests were declared by Councillor Vince as her husband owns shares in Green King, Councillor Pite declared that she had been invited but had not attended a meeting with members of PEDSA and Councillor Levy referred to one of his ward constituents being present at the meeting.

Application for a variation of a Premises Licence.

RECEIVED the application made by Mr Ajahar Ali for the premises situated at Indian Fusion, 252A High Street, Enfield, EN3 4HB, for a variation of a premises licence.

NOTED

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

1. The application for consideration was for variation of a premises licence.
2. The premises was currently licensed for alcohol only until 23:00 daily, and close at 24:00.
3. Mr Ajahar Ali, the Premises Licence Holder (PLH) and designated premises supervisor at Indian Fusion was seeking to add late night refreshment at the premises until midnight daily and also the delivery of late night refreshment until 03:00 daily.
4. The premises was located in the Edmonton Cumulative Impact Policy Area, known as a CIP; therefore there was an automatic presumption against grant of applications outside the CIP core hours, namely midnight. As a result, the Police and the Licensing Authority objected to the application with regards to the hours. Two further representations had also been received by Other Persons against the application, these have been given references IP1 and IP2 in the report at Annex 6. Additional information provided by IP2 is shown in the supplementary report no 2.
5. Proposed additional conditions to be added to the licence should the application be granted in full or in part, have been accepted by the applicant.
6. It was for the applicant to present how their application will mitigate the impact that the policy outlines, and why this application should be an exception to the policy.
7. The applicant Mr Ali is not being represented legally today but has responded to some of the representations received, his written representation is presented in the Supplementary report.
8. Victor Ktorakis is here on behalf of the Licensing Authority, and PC Martyn Fisher on behalf of the Metropolitan Police. 
9. Mr Altman is a licensing consultant who is here to represent his client (representation IP2), who wishes to remain anonymous.

2.    The introductory statement of Victor Ktorakis (Licensing Enforcement Officer), including:

1. The premises was located in the Edmonton CIP area, and the location was already an area of concern regarding crime and disorder and public nuisance.
2. The onus was on the applicant to show why an application outside the CIP policy would have no negative cumulative impact in the locality.
3. The premises was located in a mixed commercial and residential area with residential properties nearby bedrooms were located near the back of the premises. There was concern that residents could be disturbed by vehicles entering and leaving the premises late at night.
4. The PLH had been advised by the Licensing Enforcement Officer on 27/06/17 that they had received evidence that they had been trading late night refreshment (LNR) without a licence and that he should not hand over any hot food or drink after 23:00, however an inspection on 30/06/17 by out of hours Licensing Enforcement Officers showed that this was still happening. A formal warning letter was sent to the PLH on the 3/07/17.
5. Representation is made on the grounds of prevention  ...  view the full minutes text for item 127.

Application for review of Club Premises Certificate.

Councillor Levy welcomed members of PEDSA to the meeting and explained the order of the meeting.  Declarations of Interest were noted (Please see under item 2)

RECEIVED the application made by Mr Bill Haydes for a review of the Club Premises Certificate held by Ponders End Smallholders Association at the premises known as and situated at Ponders End Smallholders Association, 82A Church Road, Enfield, EN3 4NU.

NOTED

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

1. The review application is being made by Mr Bill Haydes, who had been a member of the club (PEDSA) for the review of the Premises Certificate.
2. The application relates to the prevention of crime and disorder licensing objective and is made on grounds of allegations that the club is carrying on illegal financial activity. The application and grounds for review was shown at p61 of the agenda pack.  
3. That the review was also originally based on the public nuisance licensing objective but this claim had now been withdrawn.
4. Representation of the Licensing Enforcement Officer, Charlotte Palmer was included at p505 of the agenda and Mr Victor Ktorakis was here on behalf of the Licensing Authority.
5. Additional information relating to independent legal advice is given at p7 of the supplementary agenda.
6. The applicant Mr Haydes, together with Mr Watson and Ms Nichols (who refers to themselves as the ‘New Committee’) are in attendance and so too is Mr Corbett who is representing PEDSA, the certificate holder.

2. The statement of Mr Haydes, the applicant together with Ms V Nichols and Mr Watson including:

1. The application relates to the prevention of crime and disorder – reference was made to the Application for Review documents, shown at Annex 6 which refers to non-compliance of the Licensing Act 2003.
2. Members of PEDSA had not been given information about the finances of the club.
3. A fine had been made regarding late submission of accounts but this had not been disclosed to members.
4. The balance sheets and financial statements for the club should have been disclosed before the club’s AGM and an annual return should have been submitted to the Financial Conduct Authority (FCA).

3. The applicant together with Ms V Nichols and Mr Watson responded to questions including:

1. It was questioned whether the applicant considers that because the club had not complied with its own rules it should not be considered as a valid club. Mr Watson agreed and referred to the fact that the disclosure of financial information had not been forthcoming.
2. When asked by Cllr Levy whether they considered themselves to be members of PEDSA they answered yes.
3. Confirmed that PEDSA financial statements were obtained by purchase from the Financial Conduct Authority (FCA).
4. Acknowledged that Annex 11 (supplementary agenda) from the FCA stated that the society had complied with the requirement to submit annual returns and accounts however the 2016 return was now overdue.
5. It was asked why this Licensing Sub Committee was being asked to adjudicate between one group of people against  ...  view the full minutes text for item 128.

To receive and agree the minutes of the meetings held on Monday 3 July 2017 and Wednesday 19 July 2017.

RECEIVED, the minutes of previous meetings of the Licensing Sub-Committee held on 3 and 19 July 2017.

AGREED, that the minutes of the meetings of the Licensing Sub-Committee held on 3 and 19 July 2017 be confirmed and signed by the Chair as a correct record.