Agenda and minutes

Licensing Sub-Committee - Wednesday, 26th July, 2023 10.00 am

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

Contact: Email: Democracy@enfield.gov.uk 

Items
No. Item

1.

Welcome and Apologies

Minutes:

The Chair welcomed everyone to the meeting. There were no apologies received.

2.

Declaration of Interest

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 received regarding any item on the agenda.

3.

Minutes of Previous Meeting pdf icon PDF 185 KB

To receive and agree the minutes of the meeting held on Wednesday 3 May 2023.

Minutes:

AGREED the minutes of the meeting held on Wednesday 3 May 2023 as a correct record.

4.

Maxi Food & Wine - 38 Chase Side, Southgate, N14 5PA pdf icon PDF 18 MB

Review Application

Minutes:

On 30 May 2023 an application was made by Enfield Council’s Licensing Authority for the review of Premises Licence LN/200600265, at the premises known as and situated at Maxi Food & Wine, 38 Chase Side, Southgate, N14 5PA.

 

NOTED:

 

1. Ellie Green reminded the committee that the licence holder had previously requested an adjournment of the hearing, which was refused, and said that Mr Sutherland now wished to make a further request for an adjournment. Mr Sutherland expressed that:

 

a.    The reason they had requested an adjournment was because he did not feel the circumstances/ situation had been set out/ explained as clearly as they could have been in the emails sent to the Licensing Team Manager.

b.    He conveyed that Ms Ozdemir was not present because she was in Turkey at her parents’ memorial. Mr Sutherland said that Ms Ozdemir had also been suffering from ill health, and was due to be operated on the day of the hearing. He informed the committee that this had been postponed until August, as the recovery period would have prevented her from attending the ceremony, and that she would not be returning to the UK until early September.

c.     Mr Sutherland expressed that Ms Ozdemir wished to be in attendance for the hearing, as she did not accept a number of the allegations that had been made, and wanted to address the committee in respect of these. One such suggestion mentioned was that Ms Ozdemir was not often at the premises; she was said to refute this, and instead felt that she was there for long hours on a regular basis.

d.    Mr Sutherland reiterated that for the reasons he had outlined, they wished for the hearing to be adjourned in the interest of justice, to give Mr Sutherland the opportunity to be present, and he offered to show members of the committee a photo of the memorial if they would like to see it as evidence.

 

2. In response, the following comments and questions were received:

 

a.    The Chair offered her condolences to Mr Sutherlands client, and asked Ellie Green to confirm what reasons for an adjournment she had received in the emails.

b.    Ellie Green responded that she had received an email from Mr Kemal Altun at Happy Food Southgate, on 13 July, which only mentioned that Ms Ozdemir was going to Turkey for an operation. The email had been submitted in a template form, with details not having been inserted. Having gone back to them, Ellie said that the details came back on 14 July, with the review being submitted on 30/31 May, and notice of the review having been sent on 29 June, with hearings always taking place within two months of the notice being submitted.

c.     Cllr Savva extended his condolences to the family, he said that as Ellie Green had explained, his client had been aware of the meeting for many weeks, and that in his experience it takes a long period of time for the foundations  ...  view the full minutes text for item 4.

5.

Southgate Food Centre - 30-32 Chase Side, LONDON, N14 5PA pdf icon PDF 6 MB

Review Application

Minutes:

On 30 May 2023 an application was made by Enfield Council’s Licensing Authority for the review of Premises Licence LN/200501160, at the premises known as and situated at Southgate Food Centre, 30-32 Chase Side, London, N14 5PA.

 

NOTED:

 

1. The Introduction by Ellie Green, Licensing Team Manager, including:

 

a.    The premises, Southgate Food Centre, located at 30-32 Chase Side, London, N14 5PA, has previously had a number of different: names, Premises Licence Holders (PLH), and Designated Premises Supervisors (DPS).

b.    On 21 May 2019, a transfer and vary DPS application which were not subject to any representations, was granted by officers in accordance with delegated powers, naming Mr Baris Kisa, as the Premises Licence Holder (PLH), and the DPS.

c.     On 6 June 2023, Mr Kisa provided up-to-date address details to the Licensing Team, and the premises licence was subsequently amended. The premises has not been subject to any review or formal action under licensing previously.

d.    The current premises licence LN/200501160 permits: The hours the premises are open to the public: 24 hours daily. Supply of alcohol (off supplies only): 24 hours daily. Late night refreshment (indoors): 23:00 to 05:00 daily.

e.    On 30 May 2023 an application was made by Enfield Council’s Licensing Authority for the review of Premises Licence LN/200501160. The review application was submitted as the Licensing Authority believe that the four licensing objectives were being undermined, with a range of unlawful activity taking place at/from the premises, as outlined in the report/agenda pack. 

f.      The review application seeks to revoke the premises licence in its entirety. The review application was advertised in accordance with the requirements of the Licensing Act 2003. Each of the Responsible Authorities were consulted in respect of the application.

g.    Representations were received from a Southgate Ward Councillor, who was unable to attend and sent her apologies.

h.    If the committee were minded not to revoke the licence, additional conditions were sought, as set out it annex E on page 207 of the report/agenda pack, which had been agreed.

i.      A previous request for adjournment had been refused, following discussions with the Chair and legal adviser, as it was not in the public interest to do so.

j.      In point 1.1 of the report the premises was mistakenly referred to as Maxi, this oversight was acknowledged, and it should have read that Southgate Food Centre was the current name of the premises.

k.     Those in attendance were introduced, the order of representations was outlined, and it was confirmed that all parties would have a limit of 5 minutes to speak.

 

2. In response, the following comments and questions were received:

 

a.    Cllr Smith asked for clarification as to where in the report the representations submitted by the Ward Councillor could be found.

b.    Officers responded that this could be found on page 206 of the agenda pack.

 

3. Charlotte Palmer, Senior Licensing Enforcement Officer, made the following statement:

 

a.    Following a complaint in July 2022 alleging that the premises was  ...  view the full minutes text for item 5.