Agenda and draft minutes

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Contact: Jane Creer 020 8379 4093 Email: jane.creer@enfield.gov.uk 

Items
No. Item

372.

WELCOME AND APOLOGIES FOR ABSENCE

Minutes:

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

373.

DECLARATION OF INTERESTS

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

 

Minutes:

NOTED there were no declarations of interest.

 

374.

OAKWOOD PARK CAFE, PAVILION CAFETERIA, OAKWOOD PARK, OAKWOOD PARK ROAD, LONDON, N14 6QB (REPORT NO. 109) pdf icon PDF 154 KB

Application for a new Premises Licence.

Additional documents:

Minutes:

RECEIVED the application made by Oakwood Catering Ltd, for the premises situated at Oakwood Park Cafe, Pavilion Cafeteria, Oakwood Park, Oakwood Park Road, London, N14 6QB for a new Premises Licence.

 

NOTED

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

  1. The application was made by Oakwood Catering Limited for a new Premises License to be held in Oakwood Park Pavilion Café.
  2. The proposed operating hours are different to normal licenses as it varies seasonally. The hours to be open to the public:

 

March to November – 08:00am to 09:00pm daily

December to February – 09:00am to 6:00pm daily

          

           The supplied alcohol (on supply only) from:

           March to November – 11:00am to 09:00pm daily

           December to February – 11:00am to 05:00pm daily

  1. The application had received 7 representations by other persons, namely local residents. All 7 were against the grant of the application. The written representations can be found at Annex 3 (from page 21 onwards) of the report. The representations are based on all 4 of the licensing objectives.
  2. The Metropolitan Police and the Licensing Authority, which includes representations on behalf of Trading Standards, Environmental Health and Health & Safety, both initially submitted a representation, seeking modification to the conditions offered in the operating schedule by the applicant. These conditions were agreed by the applicant as detailed at Annex 5 (from page 41) of the report. The times and activities were not objected to.
  3. The hearing today was for the Licensing Sub Committee to determine whether the application supports the 4 licensing objectives. The Director of Oakwood Catering Ltd, Mr Ozgur Celebi, who submitted the application, was unable to attend the hearing but had sent his representative Svetlana Hubenova, known as ‘Sue’, Mr Celebi’s personal assistant. Mr Celebi did provide a written response to the local resident’s objections, as detailed at Annex 4 (page 39) of the report. However, the responses received back from those residents that did reply was not enough for them to change their position and their representations still stand.
  4. Apologies had been received from IP4 and IP7.

IP2 (Mrs Parsons) was intending to attend the hearing but she had sent her apologies along with a prepared statement that Ellie Green read out to the Committee:

·         The application seeks licensing hours that extend beyond the opening hours of the park. This is ultra vires.

I expect that it is unlikely that there will be anyone at the Committee who knows the details of the park’s opening hours. At the end of the summer, they are brought forward 15 minutes every Monday until the time of 4pm is reached, in October. The closing time then remains at 4pm until about the middle of January, when it is extended outwards by 15 minutes every Monday. No license can therefore be granted to 9:00pm for the late summer months or to 5:00pm from December to February as the park will be closed. That would make the whole license a nonsense and unsustainable.

The Parks Office has  ...  view the full minutes text for item 374.

375.

KALAMIS FISH RESTAURANT, 112 HIGH STREET, ENFIELD, EN3 4ES (REPORT NO. 110) pdf icon PDF 140 KB

Application for Review of a Premises Licence.

Additional documents:

Minutes:

RECEIVED the application made by the Licensing Authority for a review of the Premises License held by Mr Mansur Duzgun at the premises known as and  situated at Kalamis Fish Restaurant, 112 High Street, Enfield, EN3 4ES

 

NOTED

1.    Councillor Levy’s explanatory statement that normally there would be an opening statement to explain why we are here today and what the Committee does, but there have been developments regarding the review. So, for the moment he would hold back on making the statement.

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

a.    A review application had been sought by the Licensing Authority for Kalamis Fish Restaurant , 112 High Street, EN3 4ES.

b.    The Licensing Authority were originally seeking revocation of the Premises License, but developments had been made and a number of strict conditions had been agreed between both the Licensing Authority & Police, Mr Mansur Duzgun (Premises License Holder) and his Legal representative, Mr Sutherland.

c.    There was also a proposal of 14 days suspension period of the license or until the conditions are in compliance to the satisfaction of the Licensing Authority and the Police. So if compliance is shown earlier, then the suspension period would cease earlier.

3.    Charlotte Palmer, Senior Licensing Enforcement Officer, responded to questions including:

a.    In response to the Chair’s enquiry regarding Ellie Green’s statement (as above), Charlotte Palmer advised that the Licensing Authority were no longer requesting the revocation of the license but the suspension of it until the satisfaction of all conditions and existing permissions.

b.    Another discussion Charlotte Palmer had had with the Premises License Holder (PLH), Mr Duzgun Mansour, was his agreement to submit a signed undertaking that no license application would be made to increase the licensing hours or amend the conditions restricting the use of the rear area, shall be submitted until they have been fully complied with all the licensing conditions and operating times, for at least a year.

c.    This was not a condition, but Charlotte Palmer wanted the above minuted to show that that discussion had taken place and agreed. This did not prevent the PLH from any TENS being submitted and considered.

d.    The Chair further clarified that with a decision notice, which seems likely to be issued, these conditions would be physically appended to the decision notice, aswell as being written into conditions the Licensing Authority normally attach, when the license is issued.

e.    Charlotte Palmer further clarified that the license may have already been issued, but that a new one would be issued with all the conditions and correct plan.

4.    PC Martyn Fisher, on behalf of the Police, had no questions to add.

5.    The Summary Statement of Mr Sutherland (on behalf of the PLH), Legal representative, including the following:

a.    He was grateful to officers for the time they had spent, both at the premises before and since he was involved. He was also glad to say that his client had been able to get to  ...  view the full minutes text for item 375.

376.

BROADWAY FOOD & WINE, 759 GREEN LANES, LONDON, N21 3SA (REPORT NO. 111) pdf icon PDF 154 KB

Application for a Variation of a Premises Licence.

Additional documents:

Minutes:

RECEIVED the application made by Broadway Food & Wine, for the premises situated at 759 Green Lanes, London, N21 3SA for a variation of the licence.

 

NOTED

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

a.    The premises is currently open 24 hours daily, but only licensed for alcohol off supplies, between 10am  and 10:30pm Sundays, and 8am to 11pm Monday to Saturday.

b.    Mr Nusret Seker, the Premises License Holder and DPS at Broadway Food & Wine, is seeking to extend the hours of alcohol to 8am to 2am daily, and to add conditions.

c.    The Metropolitan Police and Licensing Authority have not objected to this application with regards to the hours, but did seek additional conditions which have been agreed by the applicant, therefore the representation has been withdrawn. The conditions can be seen in Annex 5 (page 187) of the report.

d.    A representation was also submitted by an “Other Person”, namely Councillor Barry who is the ward councillor, and it is an objection against any variation based on the prevention of public nuisance licensing objective. Councillor Barry’s representation can be seen on page 185 of the report.

e.    The applicant had not responded to the concerns raised by Councillor Barry. Councillor Barry could not attend the hearing and sent her apologies.

f.     Mr Seker (applicant) and Ms Ezgi Yildirim (NARTS Representative) were present at this hearing.

2.    Ms Ezgi Yildirim and Mr Nusret Seker (with interpretation assistance) responded to questions as follows:

a.    In response to Councillor Levy’s questions regarding an explanation as to why  the applicant was seeking to extend the licensing hours and what steps  the license holder was taking to promote the licensing objectives, Ms Yildrim advised that there was another premises across the road called ‘Jardins Food & Wine’ that operated at weekends till 1:00am.

As mentioned by Ellie Green, there had been an objection for this application by the Police and licensing authority, which wasn’t related to the extension of hours, but we made recommendations for a few conditions that were accepted.

b.    The Police had requested additional conditions related to a CCTV system and Mr Seker had accepted that. The CCTV system would be recording for 31 days and all staff would be trained to operate the CCTV system. Police would also be given access to recordings on the CCTV system, if required.

c.    In response to a further question by Councillor Levy regarding any further steps the applicant intends to take for operating beyond the current licensing hours, Ms Yildirim advised that the applicant had made an additional recommendation to the conditions already under license. That every staff member would receive training  every quarter from the DPS and that every 6 months  an outside agency would be training staff on under age sales and drunk awareness. These would be monitored in training books which will be kept at the premises.

d.    Ms Yildirim also added that the business premises had been licensed since 2005 and Mr Nusret  ...  view the full minutes text for item 376.

377.

MINUTES OF PREVIOUS MEETING pdf icon PDF 72 KB

To receive and agree the minutes of the meeting held on Wednesday 4 October 2017.

Minutes:

RECEIVED the minutes of the meeting of the Licensing Sub-Committee held on Wednesday 4 October 2017.

 

AGREED that the minutes of the meeting of the Licensing Sub-Committee held on Wednesday 4 October 2017 be confirmed and signed by the Chair as a correct record.