Agenda, decisions and draft minutes

Special Licensing Sub Committee
Friday, 12th May, 2017 10.00 am

Venue: Civic Centre, High Road, Wood Green, N22 8LE. View directions

Contact: Felicity Foley, Principal Committee Co-ordinator

Items
No.	Item
8.	FILMING AT MEETINGS View the background to item 8. View the decision for item 8. 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. Although we ask members of the public recording, filming or reporting on the meeting not to include the public seating areas, members of the public attending the meeting should be aware that we cannot guarantee that they will not be filmed or recorded by others attending the meeting. 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 and using the public seating area, 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 Members present to agenda item 1 as shown on the agenda in respect of filming at this meeting, and Members noted the information contained therein’.
9.	Apologies for Absence View the background to item 9. Minutes: None
10.	Urgent Business View the background to item 10. 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: None
11.	Declarations of Interest View the background to item 11. 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: None
12.	Summary of Procedure PDF 161 KB View the background to item 12. 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. Minutes: NOTED the procedure summary for Licensing Sub-Committee hearings, pages 1-2 of the agenda pack), which the Chair introduced drawing attention to the four licensing objectives.
13.	Jermaine Adams, Russell Road, N15 (Tottenham Green Ward) PDF 28 KB View the background to item 13. View the decision for item 13. To consider the application for a temporary event notice as a result of objection notices received from the Metropolitan Police. Additional documents: REPORT DOCUMENTATION- TENS RUSSELL ROAD , item 13. PDF 776 KB Decision: The Committee carefully considered the application for a Temporary Event Notice, the representations of the Police, and Licensing Authority as responsible authorities, the representations made by the applicant, the Council’s Statement of Licensing Policy and the Licensing Act 2003 s182 guidance. Having heard the parties’ evidence, and having had regard to the Licensing Objectives namely; Prevention of Crime & Disorder, Public Safety, Prevention of Public Nuisance and the Protection of Children from Harm, the Committee resolved to refuse to grant the application for a Temporary Event Notice. The Committee was satisfied that the event as presently proposed presented a real risk of disorder because the event organiser would not be able to prevent people from outside the immediate area from attending. The Committee felt that that organisers ability to control the number of people attending, many of whom were likely to have consumed alcohol, would present a risk of disorder which would be difficult to control in a confined area. Ingress to and egress from the area could not be easily monitored, and having had regard to the evidence the committee felt that the character of the event was more in keeping with a music event than a street party. The Committee also had concerns about public safety given the large number of people who it is anticipated would attend The Committee had further concerns about noise levels during the event and the potential nuisance this would cause to local residents. The Committee was keen to endorse Community events being held in commemoration of the late Jo Cox MP and wished to encourage the applicant to engage with the Licensing Authority regarding arranging an event that would allow for the licensing objectives to be upheld more readily. The Committee wished to advise the applicant that the authority offers material assistance in support of street parties on the weekend in question. The Committee only made its decision after hearing all of the parties’ evidence and considered the decision to be appropriate and proportionate in the circumstances. Minutes: RECEIVED the application for the premises licence as detailed on pages 8 to 16 of the agenda pack. a. Licensing Officer’s Introduction The Licensing Officer, Daliah Barrett, introduced the application for a temporary event notice (TEN) for a two day street party on Russell Road N15 on 17^th & 18^th June 2017, referring to the documents in the agenda pack. The temporary event notice requested the ability to offer regulated entertainment and supply of alcohol. NOTED that the applicant had submitted notification of the event to Police, Environmental Health and the Noise team, within the required ten day notice period. Under the legislation, only these three agencies were able to make representations and that these must be submitted within 3 days of the notification being received. The Police submitted an objection to the notice on 27^th April 2017. The Committee was advised that the government was encouraging people to mark the weekend doing community events in memory of the late Jo Cox MP. NOTED that the applicant applied for a TEN and held a street party in 2016 and the observations made at the last event had lead to the police objecting to the notification of the event in June. A noise abatement notice was served on the organiser in 2016 due to the noise complaints received and nuisance witnessed. The Committee was also advised that a street party was supposed to involve local people who lived in a particular street submitting an application for a temporary road closure. There was some concern that the signatures on the survey were not representative of Russell Road and that at the last event police observed a lot of people from attending from outside of the area. NOTED that as a TEN, the Committee had the authority to either grant or refuse the application and that a counter-notice would have to be issued to refuse. Ms Barrett advised the Committee that there were no human rights implications of equalities issues that the Committee needed to be made aware of. In response to a question from the Committee regarding whether an applicant was expected to be aware of their responsibilities and any restrictions when applying, Ms Barrett advised that there was a general assumption that the applicant knew their responsibilities and that they should be aware of the law pertaining to holding such an event. If the applicant was a personal licence holder, responsible authorities could apply the same conditions that were on the licence to the TEN. However, as the applicant was not a personal licence holder the Committee were unable to apply conditions to the notice. In response to concerns raised, the applicant advised the Committee that the event was being held for the residents of Russell Road and Helston Court and that the addresses on the resident survey form reflected this. b. Police Representation NOTED the representation by Mark Greaves on behalf of the Metropolitan Police, including that: Police were satisfied that the grant of the temporary event notice ... view the full minutes text for item 13.