Agenda and minutes

There were no apologies for absence.

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 7 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.

Cllr Reid declared a personal interest, as he had dined at the premises three years previously.

NOTED

To approve the minutes of the previous meetings of the Licensing Sub Committee A held on 7 April 2009 and the special Licensing Sub Committee A held on 28 April 2009.

RESOLVED

That the minutes of the Licensing Sub Committee A held on 7 April 2009 and the special Licensing Sub Committee A held on 28 April 2009 be agreed 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 Gambling Act 2005.  A copy of the procedure is attached.

Noted.

To consider an application to allow extended hours for the provision of regulated entertainment, provision of late night refreshment and supply of alcohol at the above premises.

The Licensing Officer, Ms Dale Barrett, presented the report on an application for a variation to a premises licence at Karmenz Wine Bar and Restaurant, 192 Stroud Green Road, N4. Representations had been received from the noise team, and the conditions proposed by the noise team to address the issues of noise nuisance had been accepted verbally by the applicant. Representations had also been received from local residents relating to issues of noise nuisance late into the night, vibrations, anti-social behaviour from patrons at the premises.

Eubert Malcolm, Enforcement Response Service Manager, presented the representation of the noise team and reported that, unless conditions were added, the variation of the licence would be likely to affect local residents. Mr Malcolm added that 11 proactive inspections had been carried out at the premises, and that on one occasion the premises had been found to be operating at 2.30am. Mr Malcolm confirmed that the existing licence did not cover music. Mr Malcolm and Ms Barrett confirmed that the conditions proposed by the noise team had been agreed verbally by the applicant.

In response to a question from local residents regarding how the enforcement team could ensure that there would be no further disruption caused by the premises, Mr Malcolm advised that the conditions proposed by the noise team should prevent nuisance occurring in future, but that if problems did continue then local residents could apply for a review of the licence against the licensing objectives. In response to a question from residents on how extended hours could be applied for when the premises had previously been found to be in breach of the conditions of the existing licence, Ms Barrett explained that a licence variation could legally be applied for at any time. A local resident asked whether any survey had been carried out to assess the building’s suitability for music in respect of sound insulation and vibration. Mr Malcolm confirmed that no survey had been carried out and that it was not a requirement that such a survey be carried out. Mr Malcolm noted that it was a proposed condition, however, that no noise or vibration should be experienced outside the premises and that a survey may be a consideration for the Committee as a means of addressing this.

In response to a question from the Committee, it was confirmed that the noise team made the assessment of the noise from the premises in order to determine whether it constituted a statutory nuisance from within nearby residences.

The objectors explained that they objected to the application to vary the licence on the grounds of crime and disorder and public nuisance, as local residents were currently experiencing loud noise and vibration from the premises on a very regular basis, which disturbed their sleep. Objectors reported that customers caused a great deal of noise on arrival and at the front and back of the premises, and that children living nearby were being woken up and frightened by noise from the premises. Residents reported  ...  view the full minutes text for item 19.

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

There were no new items of urgent business.

The meeting closed at 21:40hrs.