Agenda and minutes

There were no apologies for absence.

It being a special meeting of the Committee, under the Council’s Constitution, Part 4, Section B, Paragraph 17, no other business shall be considered at the meeting.

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 knew the councillors who had submitted representations against the application.

Cllr Demirci declared a personal interest as he had eaten at the presmies and also knew the councillors who had submitted representations against the application.

It was clarified that Cllrs Demirci and Reid knew the councillors who had submitted representations against the application in the course of their Group and Council activities, and confimed that they had not been lobbied in respect of this application.

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.

The summary of procedure was noted.

To consider an application to allow for the provision of Late Night Refreshment at the above premises.

The Licensing Officer, Ms Dale Barrett, presented the report on an application for a new Premises Licence at Mizgin Restaurant to allow for the Provision of Late Night Refreshment at the premises. Ms Barrett reported that the applicant had revised the hours applied for as follows:

Provision of Late Night Refreshment:         Sun - Thurs     2300 – 0200

                                                                        Fri – Sat         2300 – 0300

Opening hours:                                              Sun – Thurs    0700 – 0200

                                                                        Fri – Sat         0700 – 0300

It was reported that there was to be no new admittance or re-admittance to the premises after 0200 on Fridays and Saturdays.

Ms Barrett reported that representations against the application had been submitted by the Noise Team, local residents and the Ladder Community Safety Partnership (LCSP). Letters supporting the LSCP representation had also been submitted by local councillors and David Lammy MP. The representations addressed the issues of non-compliance by the premises in the past and the late hours applied for on Fridays and Saturdays.

In response to a question from the Committee regarding the location of Rutland Gardens, from where a letter of representation had been sent by a residents association, Ms Barrett confirmed that this was some distance away from the premises. Ms Barrett also confirmed that the LCSP was aware that a number of premises in the area had licences to operate until 0200hrs.

In response to a question from Mr Dadds, the applicant’s representative, Ms Barrett confirmed that the licence application had been received on 17^th April 2009.

Derek Pearce, Noise Team Enforcement Officer, presented the noise team representation. Mr Pearce reported that the representation took into account the history of non-compliance by the premises in relation to nuisance caused by noise and odour. Mr Pearce reported that the premises had carried out work on the extraction system, and confirmed that a visit had been made by the Council on 6 May 2009, at which it had been identified that the extraction system was not causing a nuisance. Mr Pearce reported that there had been no instances of non-compliance by the premises in the past 6 months. The noise team had proposed in its representation a number of conditions to mitigate any nuisance caused by noise or odour, and these had been accepted by the applicant.

The Committee asked Mr Pearce whether it would be possible to enforce the applicant’s suggestion whereby the premises would remain open until 0300 but with no admittance or re-admittance after 0200. Mr Pearce responded that it would be possible to observe the entrance to the premises between 0200 and 0300 as an indication of whether new customers were being admitted. It was clarified that a licence for the provision of late night refreshment would be required until 0300 on Fridays and Saturdays on the basis of the revised hours offered by the applicant, as meals would be being served between 0200 and 0300.

In response to a question from Mr Dadds, Mr Pearce responded that he was broadly content that  ...  view the full minutes text for item 25.