Agenda and minutes

Apologies for absence were received from Cllr Demirci, for whom Cllr Basu was acting as substitute, and from Cllr Adamou, for whom Cllr Ejiofor was acting as substitute. It was agreed that Cllr Ejiofor would Chair the meeting.

The Chair will consider the admission of any late items of urgent business.  (Late items will be considered under the agenda item where they appear.  New items will be deal with at item 8 below).

There were no items of urgent business.

A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at he commencement of that consideration, or when the interest becomes apparent.

A member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member’s judgement of the public interest and if this interest affects their financial position or the financial position of a person or body as described in paragraph 8 of the Code of Conduct and/or if it relates to the determining of any approval, consent, licence, permission or registration in relation to them or any person or body described in paragraph 8 of the Code of Conduct.

There were no declarations of interest.

To approve the minutes of the previous meeting of the Licensing Sub Committee A held on 7 June 2010 and the meetings of the Special Licensing Sub Committee on 16 July 2009, 24 November 2009 and 29 June 2010.

RESOLVED

That the minutes of the meetings held on 16 July 2009, 24 November 2009, 7 June 2010 and 29 June 2010 be deferred to a future meeting of Licensing Sub Committee A for approval and signature.

The Chair will explain the procedure that the Committee will follow for the hearing considered under the Licensing Act 2003 or Gambling Act 2005.  A copy of the procedure is attached.

Noted.

To consider an application to allow Supply of Alcohol at the premises for 24 hours a day.

The Licensing Officer, Ms Dale Barrett, presented the report on an application for a premises licence variation at Eros Grocers, 120a Alexandra Park Road, Muswell Hill, London N10. It was reported that the representations made by the Metropolitan Police and the child protection team had been agreed with the applicant, and had therefore been withdrawn. A large number of representations had been received from local residents, objecting to the sale of alcohol for 24 hours a day at the premises and expressing concerns that this would lead to issues with loitering outside the premises and nuisance caused by people being attracted from outside of the local area.

Cllr Nigel Scott, Ward Councillor, addressed the Committee in objection to the application, and stated that the premises was located in a predominantly residential area, and so there would be no local demand for the sale of alcohol for 24 hours a day. Cllr Scott expressed concern that 24 hour sales of alcohol would therefore attract people from outside the local area, and that this would cause a disturbance to residents. In response to a question from the Committee, Cllr Scott stated that he did not feel that there was any need for an extension of the existing licensing hours. Cllr Scott confirmed, in response to a question from the applicant, that he did not directly link any incidents of anti social behaviour in the area specifically to Eros.

Other local residents addressed the Committee in objection to the application emphasising the residential nature of the area, and that the facility to buy alcohol for 24 hours would attract people from outside the area, causing nuisance due to noise from cars and anti social behaviour. Residents stated that they supported the rights of local businesses to earn a living, but not at the expense of the communities within which they were situated. It was reported that there had been issues in the past with young people causing a nuisance outside the premises, and one local resident reported an incident in which her son had been followed by youths from outside the premises, who had demanded money. Residents expressed concern at the effect a late night licence would have on the area, and in particular on people who needed to get up early for work. Concerns were also expressed that local residents would feel less safe travelling home at night if there was a 24 hour alcohol licence in place at the local shop, especially as the area was very quiet and there would be no police presence.

In response to questions from the Committee, all the local residents present felt that there was no need to extend the current licence at the premises. It was also confirmed that the incident in which a child had been followed and asked for money could be linked to the premises as, when the Police had investigated, the suspect had returned to stand directly outside Eros.

Mr Kilic, representing the applicant, addressed the Committee in support of  ...  view the full minutes text for item 6.

To consider an application to allow the Provision of Regulated Entertainment, Supply of Alcohol and Provision of Late Night Refreshment at the premises.

The Licensing Officer, Ms Dale Barrett, presented the report on an application for a new premises licence for the provision of regulated entertainment, supply of alcohol and provision of late refreshment at Sandero Restaurant, 434 St Ann’s Road, London N15. Representations had been received from the child protection officer, Metropolitan Police and Noise Team during the consultation and all the conditions proposed by these responsible authorities had been accepted by the applicant. Representation had also been received from Planning, and from local residents expressing concern regarding the effect of noise emanating from the premises on nearby homes and concerns regarding planning issues. The Committee was reminded that planning issues could not be taken into account in their decision, as these did not fall within the remit of the Licensing Act 2003.

Local residents addressed the Committee in objection to the application, as the rear of the premises was an open area and the noise from this area would prevent local residents from opening their windows. Concerns were also expressed regarding the noise and nuisance from additional cars parking in the vicinity of the premises.

In response to questions from the Committee, residents expressed concerns regarding odour from the flue at the premises and refuse collection. It was suggested that conditions on the licence could address the issue regarding ventilation equipment and that refuse collection would be addressed as part of any planning consent. The Licensing Officer advised the Committee that the Planning Inspectorate decision in respect of the premises did not include the rear extension, which was an ongoing matter, and that the Committee could only consider the plans submitted in relation to this application. Any subsequent change to the plans would require a fresh application.

The applicant’s representative addressed the Committee in support of the application. It was reported that the applicant came from a catering background, and that the premises had been opening as a restaurant with no licence to sell alcohol previously. Planning permission for use as a restaurant had been refused, however the Planning Inspectorate had granted permission on appeal, with conditions. The applicant’s representative advised that any concerns raised by local residents could be addressed by means of conditions within the Licensing Act, and that any breach of the conditions could lead a review of the premises licence, along with punishment under other relevant Acts.

The Committee retired to deliberate.

RESOLVED

The Committee carefully considered the application, the representations of all responsible authorities, local residents and the applicant and took into account the Haringey licensing policy and section 182 of the guidance and resolved to grant the application for a new premises licence at Sandero Restaurant, 434 St Ann’s Road. Namely:

The Provision of Regulated Entertainment:

Monday – Sunday:                            1000 – 2300

Provision of Late Night Refreshment:

Monday – Sunday:                            2300 – 2330

Supply of Alcohol:

Monday – Sunday:                            1000 – 2300

Opening Hours:

Monday – Sunday:                            0700 – 2330

Subject to the following conditions:

-          That the premises will be constructed in accordance with  ...  view the full minutes text for item 7.

To consider any new items of admitted under item 2 above.

There were no new items of urgent business.

The following item is likely to be the subject of a motion to exclude the press and public from the meeting as it contains exempt information as defined in Section 100a of the Local Government Act 1972; namely information relating to any individual and information which is likely to reveal the identity of an individual.

RESOLVED

That the press and public be excluded.

To approve the exempt minues of the meeting of the Special Licensing Sub Committee held on 29 June 2010.

RESOLVED

That the exempt minutes of the meeting of Licensing Sub Committee A held on 29 June 2010, be deferred for consideration at the next meeting of the Licensing Sub Committee A.

The meeting closed at 22:35 hours.