Agenda and minutes

Clerk’s note:  The Committee convened at 19:10hrs and agreed to adjourn until 19:30hrs due to the meeting being inquorate.

RESOLVED to adjourn the meeting until 19:30hrs.

Clerk’s note: The meeting reconvened at 19:30hrs.

An apology for absence was received from Cllr Brabazon.  Cllr Waters acted as a substitute for this meeting.

An apology for lateness was received from Cllr Beacham.

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 considered at item 7 below).

None.

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 the 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.

None.

To approve the minutes of the previous meeting of the Licensing Sub Committee B held on 18^th October 2012 and the Special Licensing Sub Committee held on 12^th and reconvened on 19^th December 2011.

The minutes of the Licensing Sub Committee B held on 18^th October 2011 and the Special Licensing Sub Committee held on 12^th and reconvened on 19^th December 2011 were confirmed as a correct record and signed by the Chair.

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

The summary of procedure was noted.

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

The Licensing Officer, Dale Barrett, introduced the application to allow the Supply of Alcohol and the Provision of Late Night Refreshment at Devran Restaurant, 485-487 Green Lanes, London, N4 1AJ, as laid out in the agenda pack, including:

• The opening times requested within the application documents (pages 46-48 of the agenda pack) differed to those in the covering report (page 2 of the agenda pack) as the Applicant had agreed to the representations suggesting that the restaurant closed at the same time as other businesses in the Green Lanes area.
• The Applicant had agreed to the Police conditions (pages 60-61), namely to install CCTV, which the Applicant’s representatives confirmed had been completed, and to cease the supply of alcohol 30 minutes before closing time.
• The comments of the planning service were noted and the Service was in dialogue with the restaurant owner relating to a separate enforcement matter which was not relevant to the licensing application.
• The majority of representations by interested parties had been withdrawn due to agreement of the recommended opening times.

The Committee noted the statement of Mr Sharman, who lived above the premises, regarding nuisance from the extractor flue, including:

• Mr Sharman was pleased to report that the Applicant had taken steps to reduce the noise from the extraction system and a dialogue between the Applicant and Mr Sharman had been established.
• There were still concerns about noise and smell from the extraction system and the late opening hours and conditions should be imposed to ensure the Applicant continued to maintain the extraction system regularly.
• In response to questions Mr Sharman confirmed that he owned the property which had been visited by a representative of the Applicant during a day when the restaurant had not been particularly busy.    The Applicant had agreed that the extraction unit would not be set higher than a maximum setting of 7 when the restaurant was busy.

The Committee noted the statement from Mr Ballay, Chair of the Gardens Residents’ Association, regarding the potential detrimental event on the local neighbourhood of the original opening hours requested, including that a closing time of 02:00hrs on weekdays was still excessive but residents had been reassured about the application as the opening hours were now in line with other businesses in Green Lanes.

The Committee noted the statement of the Applicant’s representatives, Mr Jun Simon and Cecil Gutimore including:

• Confirmation of acceptance of the Police conditions and that the installation of CCTV had been completed as had the maintenance works to the extraction system.
• The premises had not received any complaints further to recent temporary notices during the Christmas period.
• Most interested groups were satisfied with the new closing time of 02:00hrs and they had the right to request a review of the license should there be non-compliance of any conditions imposed.
• In response to questions it was noted that the Applicant had employed a specialist to conduct maintenance and repair works to the extraction system to reduce the noise and Mr Sharman  ...  view the full minutes text for item 19.

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

None.

The meeting ended at 20:40hrs.