Agenda item

Application to vary a premises licence.

(Councillor Bond will be Chair, accompanied by Councillor Simon and Councillor Vince.)

RECEIVED the application made by Mr Mark Walsh for a variation of the Premises Licence held by Celtic Cross Ltd at the premises known as and situated at The Winchmore, 235 Winchmore Hill Road, London, N21 1QA.

NOTED

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

a.     That this application sought to vary the hours of opening and sale of alcohol on Fridays and Saturdays by one additional hour and approval for plays, films and late night refreshment as detailed on the application. The variations now being sought had resulted from mediation between the applicant and the Licensing Authority. No variation was being sought for Live music, recorded music and performance of dance.

b.     Since the current licence had been issued in 2015, 24 Temporary Event Notices had taken place.

c.     The Licensing Authority had withdrawn its original representation against the application following the agreements reached through mediation.

d.     The Metropolitan Police service had made no representations against the application.

e.     Six representations had been made against the application, by persons residing at five separate addresses in the vicinity of the premises. The grounds of representation included crime and disorder and public nuisance. Independent Person (IP)3 and IP4 were not objecting to the hours but had commented that stricter conditions needed to be taken into consideration. Copies of the representations received had been included as Annex 4 to the report under consideration.

f.      Annex 5 to the report set out the existing and proposed conditions. Condition 29 had been proposed by other persons but had not yet been agreed by the applicant.

g.     IP3 and IP4 had apologised that they could not be present at the hearing.

2.     The introductory statement by the applicants, Eimear Walsh, Director (Celtic Cross Ltd.), The Winchmore, 235 Winchmore Hill Road, N21 1QA, including:

a.     That one extra hour was being sought for Friday and Saturday opening hours and sale of alcohol. The measures taken to control customers leaving the premises were outlined. Music would still end at 23:00 as currently.

b.     All conditions had been agreed with the exception of condition 29 which would not be within the full control of the premises.

3.       The questions raised by Members of the Sub-Committee in response to the statements which had been heard, including:

a.     The Chair highlighted that condition 29 asked staff at the premises to “encourage” taxis/cabs to wait in the car park for the customer; so the wording of the condition recognised that this was not in the full control of the premises and was not enforceable. Therefore the condition should be accepted. The applicant agreed to this.

b.     In response to a question raised by the Chair it was noted that any complaints received directly from residents were dealt with promptly. Local residents had been provided with contact e mail and mobile phone details for this purpose.

c.     Councillor Vince questioned how the premises attempted to control any noise issues arising from customers leaving the premises late at night. Signs were displayed and customers asked to leave the premises quietly and, when appropriate a member of staff would also be outside the premises to control and to reduce noise nuisance as groups of customers left the premises. Members were encouraged by the measures taken to control noise from the premises.

4.     The closing statement by Ellie Green, Principal Licensing Officer. The Sub-Committee were asked to consider the application and whether to grant the application in full, in part or refuse it. The relevant law, guidance and policies were highlighted in the report for consideration.

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 Chair made the following statement:

“After listening to the applicant and conscious of Enfield’s licensing aims and objectives the Sub-Committee has decided to grant in full the terms as agreed with the applicant. The objectors’ views were considered in full.”

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

(i)              Hours the premises are open to the public: from 09:00 to 00:30 Friday and Saturday (Sunday to Thursday remains from 09:00 to 23:30)

(ii)             Supply of alcohol (on and off supplies): from 10:00 to 00:00 Friday and Saturday (Sunday to Thursday remains from 10:00 to 23:00)

(iii)            Plays (Indoors): from 09:00 to 00:00 Friday and Saturday

(iv)           Films  (indoors): from 09:00 to 00:00 Friday and Saturday

(v)            Late Night Refreshment (indoors): from 23:00 to 00:00 Friday and Saturday

Live music, recorded music and performance of dance will remain as: from 09:00 to 23:00 daily.

Conditions (in accordance with Annex 05):

(i)              Conditions 1 to 28, which are not disputed,

(ii)             AND Condition 29 as agreed at the hearing