Agenda and minutes

Licensing Sub-Committee
Wednesday, 7th March, 2018 10.00 am

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

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

Items
No. Item

502.

WELCOME AND APOLOGIES FOR ABSENCE

Minutes:

Councillor Levy as Chair welcomed all those present at the hearing, which had been postponed due to adverse weather conditions the previous week, and explained the order of the meeting.

503.

DECLARATION OF INTERESTS

Minutes:

NOTED there were no declarations of interest.

504.

ELVAN FOOD CENTRE, 614-616 HERTFORD ROAD, ENFIELD, EN3 5TD

Minutes:

RECEIVED

(1)  the application made by Mr Uygar Altun for the premises now known as and situated at Elvan Food Centre, 614-616 Hertford Road, Enfield, EN3 5TD for a transfer of Premises Licence (LN/201100797).

(2)  the application made by Mr Uygar Altun for the premises now known as and situated at Elvan Food Centre, 614-616 Hertford Road, Enfield, EN3 5TD for the Variation of the Designated Premises Supervisor to be named as Mr Uygar Altun on Premises Licence LN/201100797.

 

NOTED

 

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

a.    There were two applications for consideration: a transfer application and a vary DPS application.

b.    The premises was situated at 614-616 Hertford Road, and had been known by various names, including Mevlana Food Centre.

c.    The current premises licence permitted opening 24 hours and supply of alcohol from 08:00 to 02:00, as set out in Annex 2 of the report.

d.    The original premises licence was held by Mr Tekim Teymuroglu, with Mr Abdullah Gul as the designated premises supervisor (DPS).

e.    Mr Uygar Altun had applied to hold the licence in his own name and was present at this hearing to represent himself.

f.     Mr Altun had simultaneously applied to vary the DPS, naming himself as DPS, as set out in Annex 4 of the report.

g.    It was confirmed that the application fees had now been paid in full.

h.    The Police objected to both applications on the grounds that it would undermine the Prevention of Crime and Disorder licensing objective. The police representation was set out in Annex 5 of the report.

i.      Within Annex 5 decision notices KMS1 and KMS2 were referred to, but were not reproduced in the agenda pack. Apologies were given for the omission, but it was confirmed that those exhibits had been sent to the applicant by email and there had been subsequent communication with the applicant, and copies were available today.

j.      On 14/2/18 Mr Teymuroglu submitted notification to the Licensing Team that he wished to surrender the premises licence, but this was not accepted or valid as set out in para 2.7 of the report, and the hearing would proceed as per Section 43 of the Licensing Act 2003. It was confirmed that Mr Teymuroglu had been advised and would be notified of the outcome of the hearing.

k.    Mr James Rankin from Francis Taylor Building was present to represent PC Karen Staff. The Police representation advised that should the transfer application by Mr Altun be granted, they sought an undertaking to submit a minor variation to modify times and conditions. Mr Altun had notified the Police and the Licensing Team of his agreement to that, if the application was granted.

 

2.    The statement of Mr James Rankin, on behalf of the Metropolitan Police Service, including the following:

a.    The primary position of the Police was the fundamental objection to the transfer and vary DPS applications. It was only if the sub-committee was minded to grant  ...  view the full minutes text for item 504.

505.

THE HYDE ARMS, PUBLIC HOUSE, 137 VICTORIA ROAD, LONDON, N9 9BB

Minutes:

RECEIVED the application made by Mr Mansur Duzgun for the premises now known as and situated at The Hyde Arms Public House, 137 Victoria Road, London, N9 9BB for a transfer of Premises Licence (LN/200501812).

 

NOTED

 

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

a.    The current premises licence permitted opening hours and various licensable activities from 11:00 to 00:30 latest, and was included as Annex 2 of the report. The original licence holder was Mr John Martin Cross.

b.    This application to hold the licence in his own name was from Mr Mansur Duzgun, and was included as Annex 3 of the report.

c.    Mr Duzgun had simultaneously applied to vary the DPS to Ms Re-Anne Cunsamy: this application was included as Annex 4 of the report.

d.    The Police objection to the licence transfer application was set out in Annex 5 of the report.

e.    Mr Duzgun’s response to the representation was included as Annex 7 of the report.

f.     Mr Duzgun had also notified the Police and Licensing Team that should the transfer be granted he would undertake to submit a minor variation application to modify the licence conditions.

g.    The Police did not object to Ms Re-Anne Cunsamy as DPS, but as the application was made by Mr Duzgun it would not be valid if the transfer was not granted.

 

2.    The statement of Mr James Rankin, on behalf of the Metropolitan Police Service, including the following:

a.    The Police were no longer objecting to the transfer application, but were unhappy with the state of affairs in respect of the existing premises where Mr Duzgun held a premises licence: Kalamis Fish Restaurant, which had been subject to review proceedings. There was a lengthy and detailed chronology of contact with the Enforcement Team and Mr Duzgun in respect of that premises.

b.    At a Licensing Sub-Committee hearing on 29/11/17 in respect of Kalamis Fish Restaurant, the Police were content that the licence was suspended for two weeks to be satisfied that all conditions were in compliance. It was difficult to suggest that Mr Duzgun was not a fit person to hold this licence if conditions at Kalamis Fish Restaurant were in compliance.

c.    Police would like Mr Duzgun to apply for a variation of conditions within two weeks. They wanted it to be known that this will be closely monitored. If a pattern of behaviour was repeated, there would be no hesitation in coming forward and applying for a review of these premises as well.

d.    Confirmation was given at the Chair’s request that the Police were not asking for the application to be rejected; that Mr Duzgun had agreed to make a variation application within two weeks; and that the sub-committee was not permitted to apply conditions on a transfer application.

 

3.    The statement of Mr Duzgun, applicant, including:

a.    He confirmed he was happy to make the variation application.

b.    He understood there had been problems at Kalamis Fish Restaurant,  ...  view the full minutes text for item 505.

506.

MINUTES OF PREVIOUS MEETING

Minutes:

RECEIVED the minutes of the meeting of the Licensing Sub-Committee held on Wednesday 29 November 2017.

 

AGREED that the minutes of the meeting of the Licensing Sub-Committee held on Wednesday 29 November 2017 be confirmed and signed by the Chair as a correct record.