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 |
125. |
WELCOME AND APOLOGIES FOR ABSENCE
Minutes:
Councillor Levy as
Chair welcomed all those present and explained the order of the
meeting.
|
126. |
DECLARATION OF INTERESTS
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 regarding the Indian Fusion application. In respect of the
PEDSA application non- pecuniary interests were declared by
Councillor Vince as her husband owns shares in Green King,
Councillor Pite declared that she had been invited but had not
attended a meeting with members of PEDSA and Councillor Levy
referred to one of his ward constituents being present at the
meeting.
|
127. |
INDIAN FUSION, 252A HIGH STREET, ENFIELD, EN3 4HB (REPORT NO.47) PDF 234 KB
Application for a variation of a Premises
Licence.
Additional documents:
Minutes:
RECEIVED the application made
by Mr Ajahar Ali for the premises
situated at Indian Fusion, 252A High Street, Enfield, EN3 4HB, for
a variation of a premises licence.
NOTED
1.
The introductory statement of Ellie Green, Principal
Licensing Officer, including
- The
application for consideration was for variation of a premises
licence.
- The
premises was currently licensed for
alcohol only until 23:00 daily, and close at 24:00.
- Mr
Ajahar Ali, the Premises Licence Holder
(PLH) and designated premises supervisor at Indian Fusion was
seeking to add late night refreshment at the premises until
midnight daily and also the delivery of late night refreshment
until 03:00 daily.
- The
premises was located in the Edmonton
Cumulative Impact Policy Area, known as a CIP; therefore there was
an automatic presumption against grant of applications outside the
CIP core hours, namely midnight. As a result, the Police and the
Licensing Authority objected to the application with regards to the
hours. Two further representations had also been received by Other
Persons against the application, these
have been given references IP1 and IP2 in the report at Annex 6.
Additional information provided by IP2 is shown in the
supplementary report no 2.
- Proposed additional conditions to be added to the licence should
the application be granted in full or in part, have been accepted
by the applicant.
- It was
for the applicant to present how their application will mitigate
the impact that the policy outlines, and why this application
should be an exception to the policy.
- The
applicant Mr Ali is not being represented legally today but has
responded to some of the representations received, his written
representation is presented in the Supplementary
report.
- Victor
Ktorakis is here on behalf of the
Licensing Authority, and PC Martyn Fisher on behalf of the
Metropolitan Police.
- Mr
Altman is a licensing consultant who is here to represent his
client (representation IP2), who wishes to remain
anonymous.
2.
The introductory statement of Victor Ktorakis (Licensing Enforcement Officer),
including:
- The
premises was located in the Edmonton CIP
area, and the location was already an area of concern regarding
crime and disorder and public nuisance.
- The
onus was on the applicant to show why an application outside the
CIP policy would have no negative cumulative impact in the
locality.
- The
premises was located in a mixed
commercial and residential area with residential properties nearby
bedrooms were located near the back of the premises. There was
concern that residents could be disturbed by vehicles entering and
leaving the premises late at night.
- The
PLH had been advised by the Licensing Enforcement Officer on
27/06/17 that they had received evidence that they had been trading
late night refreshment (LNR) without a licence and that he should
not hand over any hot food or drink after 23:00, however an
inspection on 30/06/17 by out of hours Licensing Enforcement
Officers showed that this was still happening. A formal warning
letter was sent to the PLH on the 3/07/17.
- Representation is made on the grounds of prevention
...
view the full minutes text for item 127.
|
128. |
PONDERS END SMALLHOLDERS ASSOCIATION, 82A CHURCH ROAD, ENFIELD, EN3 4NU (REPORT NO.48) PDF 156 KB
Application for review
of Club Premises Certificate.
Additional documents:
Minutes:
Councillor Levy welcomed
members of PEDSA to the meeting and explained the order of the
meeting. Declarations of Interest were
noted (Please see under item 2)
RECEIVED the application made
by Mr Bill Haydes for a review of the
Club Premises Certificate held by Ponders End Smallholders
Association at the premises known as and situated at Ponders End
Smallholders Association, 82A Church Road, Enfield, EN3
4NU.
NOTED
1.The introductory statement of
Ellie Green, Principal Licensing Officer, including
- The
review application is being made by Mr Bill Haydes, who had been a member of the club (PEDSA)
for the review of the Premises Certificate.
- The
application relates to the prevention of crime and disorder
licensing objective and is made on grounds of allegations that the
club is carrying on illegal financial activity. The application and
grounds for review was shown at p61 of the agenda pack.
- That
the review was also originally based on the public nuisance
licensing objective but this claim had now been
withdrawn.
- Representation of the Licensing Enforcement Officer, Charlotte
Palmer was included at p505 of the agenda and Mr Victor
Ktorakis was here on behalf of the
Licensing Authority.
- Additional information relating to independent legal advice is
given at p7 of the supplementary agenda.
- The
applicant Mr Haydes, together with Mr
Watson and Ms Nichols (who refers to themselves as the ‘New
Committee’) are in attendance and so too is Mr Corbett who is
representing PEDSA, the certificate holder.
2. The statement of Mr
Haydes, the applicant together with Ms
V Nichols and Mr Watson including:
- The
application relates to the prevention of crime and disorder –
reference was made to the Application for Review documents, shown
at Annex 6 which refers to non-compliance of the Licensing Act
2003.
- Members of PEDSA had not been given information about the
finances of the club.
- A fine
had been made regarding late submission of accounts but this had
not been disclosed to members.
- The
balance sheets and financial statements for the club should have
been disclosed before the club’s AGM and an annual return
should have been submitted to the Financial Conduct Authority
(FCA).
3. The applicant together with
Ms V Nichols and Mr Watson responded to questions
including:
- It was
questioned whether the applicant considers that because the club
had not complied with its own rules it should not be considered as
a valid club. Mr Watson agreed and referred to the fact that the
disclosure of financial information had not been
forthcoming.
- When
asked by Cllr Levy whether they considered themselves to be members
of PEDSA they answered yes.
- Confirmed that PEDSA financial statements were obtained by
purchase from the Financial Conduct Authority (FCA).
- Acknowledged that Annex 11 (supplementary agenda) from the FCA
stated that the society had complied with the requirement to submit
annual returns and accounts however the 2016 return was now
overdue.
- It was
asked why this Licensing Sub Committee was being asked to
adjudicate between one group of people against ...
view the full minutes text for item 128.
|
129. |
MINUTES OF PREVIOUS MEETING PDF 124 KB
To receive and agree
the minutes of the meetings held on Monday 3 July 2017 and
Wednesday 19 July 2017.
Additional documents:
Minutes:
RECEIVED, the minutes of previous meetings of
the Licensing Sub-Committee held on 3 and 19 July 2017.
AGREED, that the minutes of
the meetings of the Licensing Sub-Committee held on 3 and 19 July
2017 be confirmed and signed by the Chair as a correct record.
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