Agenda and minutes

Councillor Bond (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.

NOTED there were no declarations of interest.

Application for a new premises licence.

RECEIVED the application made by Mr Ali Serbet for the premises situated at Euro International, 212-214 Chase Side, Enfield, EN2 0QX for a New Premises Licence.

NOTED

1.    The introduction by Ellie Green, Principal Licensing Officer, including:

a.    This was a new premises licence application. At the Licensing Sub Committee (LSC) hearing in December, the applicant Mr Serbet had attended to request an adjournment to allow the applicant to obtain legal advice, which was granted.

b.    A similar premises licence at the premises was surrendered by Mr Hikmet Samsun on 19 October 2019. Mr Serbet had applied for the same hours as the previous licence: opening hours 06:30 to 00:00 and supply of alcohol (off sales) 08:00 to 00:00 daily.

c.    It should be noted that Mr Serbet had former involvement in the premises. This formed the basis of the Licensing Authority and Police’s objections. Those representations were based on the prevention of crime and disorder licensing objective. The Licensing Authority sought additional conditions (set out in Annex 7 of the report) to be included on the licence should LSC be minded to grant the application, and the applicant had agreed to all the conditions proposed.

d.    The applicant had now provided a written representation, set out in Annex 6.

e.    Mr Serbet was in attendance at the hearing, with Mr Ali Hussain of AHS Law. Charlotte Palmer was in attendance, representing the Licensing Authority. PC Karen Staff sent apologies on behalf of the Police, but had no further information to add.

2.    The statement of Mr Hussain on behalf of Mr Serbet, the applicant, including:

a.    The core issue around the application was whether the licensing objectives could be met.

b.    There had been incidents at these and related premises, and the concerns of the Police and Licensing Authority were understood.

c.    He wanted in no way to undermine those concerns, but Mr Serbet had taken advice on and tried to address them so there would not be problems in the future.

d.    The applicant’s representation was highlighted, and it was submitted that going forward the licence could be safely and properly granted.

e.    The 2016 incident was subject to court proceedings and the charges were dismissed in respect of whether Mr Serbet was involved in selling contraband cigarettes. It was asked that undue weight was not placed on those previous matters, which were also some time ago.

f.     In respect of the further incident in August 2018 at the Bush Hill Park premises where non-duty paid cigarettes were found on Mr Serbet; he told authorities at the time that these cigarettes were given to him as a gift by someone who was visiting. The packets were in a carton and Mr Serbet was going to smoke them and not sell them.

g.    In respect of the incident on 3 December 2019, that sale was done by a staff member, Mehmet, and as soon as Mr Serbet was aware of that sale Mehmet was dismissed. In the circumstances  ...  view the full minutes text for item 416.

Application for a new premises licence.

RECEIVED the application made by KYK Trading Ltd for the premises situated at Fresh Food Centre, 220-222 Hertford Road, Enfield, EN3 5BH for a New Premises Licence.

NOTED

1.    The introduction by Ellie Green, Principal Licensing Officer, including:

a.    This was an application for a new premises licence, and the applicant was KYK Trading Ltd. The proposed Designated Premises Supervisor (DPS) was Mr Talip Kaynar, as per the existing premises licence. He was also a Director of the company.

b.    Since 2009 a licence had been held at the premises. There had been no review applications for the existing licence.

c.    This new application sought 24 hour opening and sale of alcohol 24 hours daily.

d.    Current timings for opening and supply of alcohol were both 08:00 to 23:00 daily.

e.    An objection to the hours sought had been made by the Licensing Authority and the Police due to the premises being in the Enfield Highway Cumulative Impact Policy (CIP) Area and seeking times in line with the CIP of 08:00 to 00:00 daily.

f.     Authorities may seek additional conditions to the licence should it be minded to grant a full 24 hour licence.

g.    The applicant had not given indication before the hearing in respect of additional conditions proposed by the responsible authorities whether the conditions were agreed.

h.    There was an automatic presumption of refusal for applications outside the CIP core hours. It was for the applicant to set out what mitigation measures would be taken and why the application should be an exception to the CIP policy.

i.      KYK Trading were represented at the hearing by two of the Directors, and by Mr David Dadds, Dadds LLP Solicitors.

j.      PC Karen Staff gave apologies for absence at the hearing, but did not wish to add anything further to the written representation on behalf of the Police.

2.    The statement of Mr Dadds, solicitor on behalf of the applicant, including:

a.    The applicant had not made any further written submissions as they expected to provide their responses at the hearing.

b.    There were only two representations against the application, from the responsible authorities.

c.    The business was described: it was a fairly big store/small supermarket operation which had undergone substantial investment to bring it up to a very high standard. A sum of £885,000 had been invested in the refit. 21 staff were employed at the premises. It stocked over 7,000 product lines. Alcohol sales were a component of the business but not a majority: the store plan showed alcohol taking up around 10 – 12% of the floor area, in one corner.

d.    The application had been written with conditions that should rebut the presumption of refusal, as they provided more than adequate mitigation. If the licensing objectives were being promoted, the licence should be granted. In this case the conditions and the way the premises operated showed that the applicants believed they can promote the licensing objectives.

e.    Two representations had been received  ...  view the full minutes text for item 417.

To receive and agree the minutes of the meeting held on Wednesday 18 December 2019.

AGREED the minutes of the meeting held on Wednesday 18 December 2019 as a correct record.