Agenda and minutes

There were no apologies for absence.

The Chair will consider the admission of any late reports related to item 5 and 6 below, which will be considered under the agenda item where they appear.

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.

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

Noted.

To  consider an application to allow Regulated Entertainment at the above school.

The Licensing Officer, Ms Barrett presented the report and advised the Committee that the purpose of the application was to allow regulated entertainment at the above premises.  Ms Barrett advised the Committee on the application being sought detailed at point 5.2 – 5.6 of the report. The Committee were further informed that no representations had been received from the responsible authorities however, representations had been received from interested parties who had asked their ward councillor to represent them.

Councillor Oatway addressed the Committee on behalf of local residents and stated that the vast majority of residents supported the school however, they were concerned to ensure that the premise licence would deal with commercial events.

Local residents wished to raise three main issues:

1. Public nuisance.
2. Noise was a problem, as noise could be heard from the school, particularly late at night.  Children who lived in the area should be protected from the noise.  The opening hours requested were considered to be quiet late until 1:00am at which time people would be leaving the premises and their exiting could be heard.  Local residents requested a closing hour of 11:00pm for all activities and music should finish at 10:30pm.
3. Access to the school was currently through three entrances; the main entrance was through Durnsford Park.  Access to the school after school hours should be through the Park entrance and there were currently parking issues on Durnsford Road.

Members queried the past events where litter and broken glass was left thrown in the streets.  The Committee enquired how many events there had been in the past where problems had occurred and whether anyone had officially complained.  Cllr Oatway responded that there had been two events where there were problems when people were leaving and making noise.  This was not a school event the hall had been let out on a commercial basis.  Residents had cleared up the mess and broken glass themselves.  It may well have been that the complaints did not reach the school as Jarvis were involved.

The school’s representative presented their case and advised the Committee that on 1 February 2008, the PFI contract was suspended.  Out of hours activities were not the responsibility of the school as previously managed by Jarvis.  Therefore the school was now obliged to apply for all activities.  The purpose was to hold more events during the day and on Saturdays.  The school had now drafted a lettings policy, which would be amended dependent on the outcome of the Licensing Sub Committee granting the licence.  The opening hours to the public were not for activities to conclude at I:00am but for the school to close.  The purpose of the licence was not for commercial gain, any additional income would be used to subsidise student at the weekend for additional teaching, thereby not charging students.

The Committee enquired of the school’s representative whether the school would be happy to have the access for events through the park.  In response the representative replied that was acceptable  ...  view the full minutes text for item 11.

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

Please note that under the Council’s Constitution ~ Part 4, Section B, Paragraph 17 no other business shall be considered.

The Committee was requested by a local resident to table an additional document.  The applicants had no objections to the tabled pictures.

Ms Barrett, the licensing officer presented the report and advised the Committee that this application was for a variation of the premises licence.  Ms Barrett advised the Committee on the application being sought detailed at point 5.2 – 5.6 of the report.  Ms Barrett advised the Committee that representation had been received from responsible authorities, the police in relation to the use of the outside area and had requested that use of this area should cease for any licensable activity at 23:00, the doors should be closed and people requiring a cigarette should be monitored in numbers to prevent a public nuisance.  The applicants had agreed these matters.  The Noise Team had also made representations on this application and had put forward a number of measures including quarterly liaison meeting between residents and the applicant.    Local residents had made representations regarding noise problems, anti-social behaviour and parking problems associated with the use of the premises.

The enforcement officer directed Members to his representations outlined on page 116 of the report and advised that there had been issues raised.  An abatement notice had been served on the premises in relation to an outdoor event in May 2007.  The operating hours requested were inappropriate due to the close proximity of residential dwellings. Noise nuisance had been caused due to patrons exiting the premises.

The applicant’s representative advised the Committee that the applicant’s had agreed and accepted all the recommendations notified by the noise team.

The objectors to the application questioned officers on the information outlined in their presentations and enquired whether the applicants would impliment sound limits on the premises as detailed at point 5.5 of the report.  In response the enforcement officer stated that the applicants would need to agree to this.  The licensing officer also advised that applicants can mediate at anytime and have offered to accept the proposals recommended by the Noise Team.  The Committee could take account of this in their decision making.  A local resident enquired whether the Committee were required to follow the Haringey Statement on Licensing Policy.  The Liensing Officer responded that the Authority had to comply with the Licensing Act 2005, and were duty bound to have a policy.  The enforcement officer was asked whether he had a list of the number of complaint received over the last six months.  In response he stated on 6 May 2007 33 complaints was received and on 9 April 2008, 12 complaints were received.  There were a number of complaints received and all were logged however, he did not have the records with him.

The applicant’s representative questioned the enforcement officer on the complaint received in May 2007 and stated that this was during a weekend afternoon so how could it be classed as a complaint.  The enforcement officer responded that noise eminating from a premise at any time of the day could be a  ...  view the full minutes text for item 12.