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 dealt 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 unrestricted minutes of the previous meeting of the Licensing Sub Committee B held on 13 March 2007, and the Special Licensing Sub Committee meetings held on 13 September 2007 and 2 April 2008.

Note from the Head of Local Democracy and Member Services

The minutes of the Special Licensing Sub Committee B held on 12 May 2008 have necessity been approved by the Sub Committee Members, as they were required for Legal proceedings.  The Sub Committee is invited to endorse the approval of these signed minutes.

RESOLVED

That the minutes of the Licensing Sub Committee B meetings held on 13 March 2007, 13 September 2007, 2 April 2008 and 12 May 2008 be approved.

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

Noted.

To consider an application for the supply of alcohol.

The Licensing Officer, Ms Dale Barrett, presented the report on the application to provide the supply of alcohol at Dragonfly Wholefoods. Ms Barrett reported that the representation made by the Police and Fire Officer had subsequently been withdrawn, and that representations had also been received from the Planning Officer and an interested party.

Local residents presented their objections to the application. They requested that the communal passageway used by residents never be used for storage, as this posed a hazard in the event of an emergency, and that the doorway between the communal passageway and the shop be kept locked at all times for additional security. The local residents confirmed that these were the only outstanding issues.

In response to the statement given by local residents, the applicant reported that goods were only ever placed in the communal passage for a period of no more than two hours every week or so, when the delivery was being transferred into the shop. In respect of the doorway between the passage and the shop, it was reported that this was never used and that there was no access between the shop and the hallway.

In response to questions from the Committee, the applicant reported that the sale of alcohol would not result in storage problems, as alcohol would account for only a small volume of additional stock, which could easily be accommodated in the existing storage areas.

In conclusion, local residents requested that the hallyway be kept clear at all times, as it was not possible to predict when an emergency would occur. The applicant concluded by saying that the business did all it could to respect residents, and that the licence would not result in any disturbance.

RESOLVED

The Committee decided to grant the application as asked, subject to the following conditions:

1)     The Mandatory Statutory condition under section 19 of the Act.

2)     That the licence holder complies with the provisions of the operating schedule.

To consider an application for the Provision of Late Night Refreshment.

The Licensing Officer, Ms Dale Barrett, reported on an application for a new premises licence at Mizgin Restaurant, for the provision of late night refreshment. Representations had been received from the Noise Team and two interested parties objecting to the application on the basis of the premises’ history of non-compliance with licensing conditions, and outstanding issues relating to public nuisance. Ms Barrett advised the Committee that the application was being submitted by a new applicant, but that the previous licensee at the premises was still involved in the management of the business.

In response to a question from the Committee, the Licensing Officer confirmed that overall responsibility for the running of the business, including issues such as equipment maintenance, would rest with the leaseholder of the premises, who was the previous licensee.

Mr Eubert Malcolm, Enforcement Response Officer, presented his representation on the application, which outlined concerns relating to the previous licensee’s continued involvement in the business,  the licensing history at the premises and the outstanding issues relating to the modification of the extract ventilation system at the premises. In response to questions from the Committee, the Enforcement Officer confirmed that the conditions imposed by the Magistrates on the previous licence, relating to the upgrading of the extract ventilation system, had not been complied with to date.

Mr Ian Sygrave, Chair of the Harringay Ladder Community Safety Partnership, presented his objection to the application and stated that he was also representing the views of a local resident who had submitted a representation but was unable to attend the hearing. Mr Sygrave reported on the history of late night noise and nuisance at the premises, and the history of enforcement action taken against the licensee, and expressed concern that similar occurrences would happen again if a licence were to be granted, as management of the premises had not changed significantly. Mr Sygrave added that the premises was still in breach of the conditions on its previous licence, and asked the Committee to reject the application in order to promote the licensing objectives.

The applicant, Mr Cuma Ates, introduced himself as part owner of the premises, as well as new night manager with responsibility of running the business after 8pm. Mr Ates reported that he was working to upgrade the extraction system and that a company had been engaged to carry out sound readings although, due to the Christmas break, these were not yet available. The applicant understood residents’ concerns, but reported that he was committed to improving the noise issues relating to the extraction system and that he would comply with all the recommendations made by the Council. Mr Ates added that the concerns raised related to the way in which the business had been run previously, but that he would work to ensure that the same issues were not repeated if a new licence were granted and that, since he had been involved in the business, there had been no complaints other than that referred to in the  ...  view the full minutes text for item 7.

To consider any new items admitted under item 2 above.

There were no new items of urgent business.

The meeting ended at 21:45hrs.