Agenda and draft minutes

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

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 received regarding any item on the agenda.

To receive and agree the minutes of the meetings held on Wednesday 4 October 2023 and Wednesday 11 October 2023.

AGREED the minutes of the previous Licensing Sub-Committee meetings held on Wednesday 4 October 2023 and Wednesday 11 October 2023.

The Chair thanked Charlotte Palmer, former Senior Licensing Enforcement Officer, who had left the council, for all of the work that she had done.

Application to review a premises licence.

On 14 December 2023, an application was made by the Licensing Authority for a review of the Premises Licence LN/200501812. The review was brought as the premises had been the cause of a statutory noise nuisance and providing music after permitted hours. Other unlawful activities had been witnessed at the premises and the prevention of crime and disorder and public nuisance licensing objectives had been undermined. The Licensing Authority also lacked confidence in those persons named on the licence and those managing the premises, thus full revocation of the premises licence was sought. The review application, supporting documents and additional information are available in the report packs.

NOTED:

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

a.    The committee were to consider a review application of the premises known as The Hyde Arms, 137 Victoria Road, in Edmonton Green Ward.

b.    The Premises Licence Holder (PLH) had been Mr Mansur Duzgun since March 2018.

c.     On 21 December 2023, the Licensing Team received a transfer application for The Hyde Arms, by H&K Elite Limited. The company director for which is Milanova Boginka Petrova. The transfer application was to take immediate effect. However, the Police objected to this application, and a copy of their representation can be found in the report packs. H&K Elite Limited subsequently withdrew this transfer application. As a result of this, the licence reverted back to the previous PLH, namely Mr Mansur Duzgun. No other transfer applications had since been received.

d.    Mr Asen Asenov is the named Designated Premises Supervisor (DPS), and has held this position since 16 June 2023, but had not been at the premises, and no vary DPS applications had been received.

e.    The review application had been brought by the Licensing Authority for a number of reasons, including: the premises had been the cause of statutory noise nuisance and providing music after permitted hours. Other unlawful activities had been witnessed at the premises and the prevention of crime and disorder and public nuisance licensing objectives had been undermined. The Licensing Authority also lacked confidence in those persons named on the licence and those managing the premises, thus full revocation of the premises licence was sought.

f.      Conditions had been presented by the Licensing Authority where the committee were not minded to revoke the licence in full, and can be seen in the report packs.

g.    The Police submitted a representation in support of the review. A copy of the Police representation is produced in the report packs.

h.    The PLH was provided with the review application; no written response was received, but he was present, though had expressed that he was not able to afford the legal representation it was advised he sought.

i.      Those in attendance were introduced, and the order of representations was outlined.

2. Victor Ktorakis, Senior Environmental Health Officer, made the following statement:

a.    The premises is situated on the corner of a residential road, with residential properties behind, opposite, and adjacent to it.  ...  view the full minutes text for item 4.

Review Application.

On 19 December 2023 an application was made by Enfield Council’s Licensing Authority for the review of Premises Licence LN/201900900, and is produced in the report packs. The review application was submitted as the Licensing Authority believed that the provision of music undermined the licensing objective for the prevention of public nuisance. Several complaints had been received from local residents regarding loud music emanating from The Fox, statutory noise nuisances had been witnessed, and a noise abatement notice served. This notice had been subsequently breached as officers witnessed further statutory noise nuisances. The review sought to remove all regulated entertainment from the premises licence LN/201900900 and disapply the automatic entitlement under the provisions of Section 177A of the Licensing Act 2003 by adding a condition to the effect that regulated entertainment is not permitted at any time.

NOTED:

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

a.    The committee were to consider a review application of the premises known as The Fox, 413 Green Lanes, in Palmers Green Ward.

b.    The premises licence was held by Star Pubs & Bars Ltd, and Mr James Sharkey was the named DPS. The premises licence was granted in February 2020, but the premises only opened to the public last year.

c.     The review application was submitted on behalf of Enfield Council’s Licensing Authority, and seeks to remove regulated entertainment from the premises licence in order to support the prevention of public nuisance licensing objective. This is in response to a number of complaints from local residents in the new flats adjacent to The Fox which had resulted in several statutory noise nuisance being observed by Council Noise Officers. The review application and additional information can be found in the report packs.

d.    The Licensing Authority have sought a condition be added to the licence to disapply the music entitlement at the premises, the effect of which would remove music above background level from the licence at all times and days. If the Licensing Sub-Committee were not minded to remove regulated entertainment, specifically music, the Licensing Authority sought amended times and conditions as outlined in the report packs.

e.    The review attracted representations supporting the review from one local resident, but also received representations objecting to the review by an MP, a ward councillor and 14 local residents, who were in support of The Fox.

f.      The PLH, Star Pubs & Bars Ltd had responded to the review and submitted an evidence bundle, including a noise acoustic report. A review of this noise acoustic report had taken place on behalf of the Licencing Authority, and both can be seen in the report packs.

g.    The existing premises licence only provides for live and recorded music as a licensable activity from 11:00pm. Due to deregulatory changes to later amendments of the Licensing Act, live and recorded music can be provided to an audience of no more than 500 people, at any premises licensed for the on sale of alcohol, between 8:00am and 11:00pm, without being  ...  view the full minutes text for item 5.