Agenda and draft minutes

Special Licensing Sub Committee
Friday, 29th October, 2021 2.00 pm

Venue: Remote Meeting - MS Teams

Contact: Fiona Rae, Principal Committee Co-ordinator  3541 Email: fiona.rae@haringey.gov.uk

Note: To join this meeting, use the link on the agenda frontsheet or copy and paste the following link into your internet browser: https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGY2ZGYyNDgtYzY1Yy00NjZlLTg0YjctNGI5YTY5YjNjOWJl%40thread.v2/0?context=%7b%22Tid%22%3a%226ddfa760-8cd5-44a8-8e48-d8ca487731c3%22%2c%22Oid%22%3a%22515ca3a4-dc98-4c16-9d83-85d643583e43%22%7d 

Items
No. Item

1.

FILMING AT MEETINGS

Please note this meeting may be filmed or recorded by the Council for live or subsequent broadcast via the Council’s internet site or by anyone attending the meeting using any communication method.  Members of the public participating in the meeting (e.g. making deputations, asking questions, making oral protests) should be aware that they are likely to be filmed, recorded or reported on.  By entering the ‘meeting room’, you are consenting to being filmed and to the possible use of those images and sound recordings.

 

The Chair of the meeting has the discretion to terminate or suspend filming or recording, if in his or her opinion continuation of the filming, recording or reporting would disrupt or prejudice the proceedings, infringe the rights of any individual, or may lead to the breach of a legal obligation by the Council.

Minutes:

 The Chair referred to the filming of meetings and this information was noted.

 

2.

APOLOGIES FOR ABSENCE

To receive any apologies for absence.

Minutes:

There were no apologies for absence. 

3.

URGENT BUSINESS

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

Minutes:

It was noted that, it being a special meeting of the Sub-Committee, under Part Four, Section B, Paragraph 17 of the Council’s Constitution, no other business would be considered at the meeting.

 

4.

DECLARATIONS OF INTEREST

A member with a disclosable pecuniary interest or a prejudicial interest in a matter who attends a meeting of the authority at which the matter is considered:

 

(i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and

(ii) may not participate in any discussion or vote on the matter and must withdraw from the meeting room.

 

A member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Register of Members’ Interests or the subject of a pending notification must notify the Monitoring Officer of the interest within 28 days of the disclosure.

 

Disclosable pecuniary interests, personal interests and prejudicial interests are defined at Paragraphs 5-7 and Appendix A of the Members’ Code of Conduct.

Minutes:

There were no declarations of interest.

5.

SUMMARY OF PROCEDURE

The Chair will explain the procedure that the Committee will follow for the hearing considered under the Licensing Act 2003.

Minutes:

The Chair provided a summary of the procedure for the meeting.

 

6.

APPLICATION FOR A VARIATION OF AN EXISTING PREMISES LICENCE AT OZ TOTTENHAM SUPERMARKET, 467-469 HIGH ROAD, LONDON, N17 pdf icon PDF 339 KB

To consider an application for a variation of an existing premises licence.

Additional documents:

Minutes:

Ms Daliah Barrett, Licensing Team Leader, informed the meeting that:

·      The applicant for the application was Mr Mehmet Temur, who was requesting a removal of condition 17 on the premises licence which stated that the premises would not stock any alcohol 6.5% abv or above and that single cans of alcohol would not be sold at the premises.

·      Representations had been made against the application by the Licensing Authority.

·      The premises was a large supermarket situated on the High Road. The area suffered from antisocial behaviour and had street drinkers who congregated in the location.

·      The application was not a minor variation.

·      Page 28 of the agenda papers demonstrated that the licence had been subject to a review application, which was subsequently appealed by the premises licence holder. However, the magistrates’ court upheld the Sub-Committee’s decision on the matter and had also imposed condition 17 relating to the sale of high strength alcohol and the restriction of selling single cans of alcohol.

·      There had been issues with the premises with regard to stocking illicit tobacco and alcohol. These were goods which had been smuggled into the UK and put on sale at the premises. This was subsequently discovered by HMRC and Trading Standards officers at the time.

·      The applicant may say that he was not a part of part of the past issues relating to the premises, but his name and other names all containing the name ‘Temur’ had always been officially associated with the premises.

·      The licence was currently registered as ‘OZ Supermarket Tottenham’ and Mr Mehmet Temur was registered as the director.

·      The area had issues with street drinking and this was visible in during the day and night. Within the particular part of Haringey in which the premises was located, there was a Safer Tottenham Partnership, which was partly trying to tackle the issues in the area and the organisation was attempting to sign various businesses to the partnership. It was hoped that businesses would feel more engaged and would report crime and other issues.

 

The Legal advisor to the meeting informed the Sub-Committee that the conditions imposed by the magistrates’ court were to be considered as be conditions on the premises licence. The premises licence holder was within his rights to submit a variation application and it was under the Sub-Committee’s discretion to consider the application with the various options available to a Licensing Sub-Committee.

 

In response to questions from the Sub-Committee, Ms Barrett informed the meeting that:

 

·      The DPS had been varied as part of a variation application on 14 August 2021.

·      Part of the area in which the premises was located was part of a Public Spaces Protection Order (PSPO).  This was a tool used to help Police and officers to carry out enforcement for street drinking issues causing particular distress to residents.

 

Ms Noshaba Shah, Licensing Officer, objecting to the application on behalf of the Licensing Authority, informed the meeting that:

 

·      There had been several complaints regarding the premises selling  ...  view the full minutes text for item 6.