Agenda item

Application for a new premises licence.

RECEIVED the application made by Mr Haci Siringul for the premises situated at Euro Express, 212-214 Chase Side, Enfield, EN2 0QX for a new Premises Licence.

NOTED

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

a.  The application was for a new premises licence, submitted by Mr Haci Siringul.

b.  The application sought operating hours of 24 hours daily, and supply of alcohol (off supplies only) 08:00 to 00:00 daily.

c.  The premises did have a licence, under a different named premises licence holder. The current licence only permitted sale of alcohol to 23:00 latest. This licence had been subject to review and had been revoked by the Licensing Sub-Committee on 27/4/16. An appeal had been lodged, but the matter was still to be determined by the magistrates court.

d.  The Licensing Authority was satisfied there was no connection between this applicant and the named premises licence holder Mr Ali Arslan on the other licence that existed.

e.  Additional conditions were sought by the Licensing Authority and the Police and were agreed by the applicant. Representations by the authorities were duly withdrawn.

f.  Representations were made against the application by six local residents, as set out in Annex 03, on the grounds of prevention of crime and disorder, prevention of public nuisance, and the protection of children from harm. The first interested party had advised they were unable to attend this hearing. All the other five residents were invited, but none had confirmed or declined attendance. The Chair confirmed that all parties had received and read all the points made by the residents.

2.    In response to the Chair’s query, it was confirmed that once the outcome was determined in court in respect of the current licence, the Licensing Authority would notify the present licence holder.

3.    The statement of Mr Robert Sutherland, Keystone Law, solicitor on behalf of Mr Haci Siringul, the applicant, with interpretation assistance by Mr Gokan, including:

a.  There was a current licence for Euro Express as opposed to Euro International, which would be the new shop name.

b.  He was not instructed by the holder of the current licence, so was not able to offer its surrender. If granted, this licence would be slightly wider and would be the licence relied upon.

c.  The additional conditions sought had been agreed and were set out in Annex 04.

d.  The main difference from the current licence was the extra hour for supply of alcohol between 23:00 and 00:00. This additional hour was quite important from a commercial perspective. There were other convenience shops trading in the area and Mr Siringul believed that being licensed to 00:00, which was within the core hours policy, would be needed to make this business a viable concern.

e.  It was appreciated that the premises was in a residential area, and mitigation of residents’ concerns had been carefully considered, including signs reminding customers to respect the needs of local residents and leave the premises and area quietly.

f.  The applicant would like to propose, as an additional condition, that between 23:00 to 00:00 cans or bottles of alcohol 500ml or less could be sold only with a minimum of four items to any customer. The interested parties’ concerns had focused on vagrants and street drinkers and this proposal would be a useful deterrent as no-one would be able to come in and buy a single can or bottle late at night.

4.    In response to the Chair’s queries, it was confirmed that the applicant had made no direct contact with any of the local residents. It was agreed that this would be good practice, and that it would be clearly publicised that the shop was under new management. It was also confirmed that it was not felt necessary to include bottles of wine or spirits in the additional condition.

5.    The summary statement of Ellie Green, Principal Licensing Officer, that, having heard the representations from all parties, it was for the Licensing Sub-Committee to take such steps as it considered appropriate for the promotion of the licensing objectives.

RESOLVED that

1.         In accordance with the principles of Section 100(a) of the Local Government Act 1972 to exclude the press and public from the meeting for this item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 7 of Part 1 of Schedule 12A to the Act.

The Panel retired, with the legal representative and committee administrator, to consider the application further and then the meeting reconvened in public.

2.         The Chairman made the following statement:

“The Licensing Sub-Committee (LSC) was sufficiently persuaded that the applicant is taking all reasonable and appropriate steps to promote the licensing objectives, and is further satisfied that there is no connection between the applicant and the holders of the current licence for Euro Express, presently under appeal.

The LSC fully acknowledges the points raised by local residents by way of objection, but were not persuaded that the fears and concerns could be directly ascribed to this specific applicant or this specific application sufficient to refuse the licence. Nor do we agree with the assertion that the conditions agreed between the applicant and the Metropolitan Police Service / Licensing Authority did not fully address the problem of bags of alcohol being purchased from Euro Express – any more than from other licensed premises in the area.

That said, the LSC welcomed the unprompted offer of an additional condition volunteered by the applicant in recognition that licensable activity being sought is one hour longer than with the present licence.

Therefore we are applying new Condition 18 through which cans and bottles of alcohol of 500ml or less may be sold with a minimum of four items between 23:00 and 00:00.

Should the worst fears and concerns of these residents come to pass, and that the issues described could be directly identified with evidence as being sourced from Euro Express, then the opportunity to review this licence remains open to any potentially interested party or responsible authority.”

3.         The Licensing Sub-Committee resolved that the application be granted in full as follows:

(i)            Hours the premises are open to the public: 24 hours daily.

(ii)          Sale of alcohol (off supplies only): 08:00 to 00:00 daily.

Conditions (in accordance with Annex 04):

(i)            Conditions 1 to 17, which are not disputed,

(ii)          AND additional Condition 18 by which cans and bottles of alcohol of 500ml and less may only be sold with a minimum of four items between the hours of 23:00 and 00:00.