Agenda and draft minutes

Special Licensing Sub Committee
Monday, 30th July, 2018 10.30 am

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

Contact: Felicity Foley, Acting Committees Manager

Items
No.	Item
7.	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. 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: Noted.
8.	Apologies for Absence View the background to item 8. Minutes: None.
9.	Urgent Business View the background to item 9. 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.
10.	Declarations of Interest View the background to item 10. 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.
11.	Summary of Procedure PDF 155 KB View the background to item 11. 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: The Chair outlined the procedure to be followed during the hearing.
12.	TEMPORARY EVENT NOTICE PDF 190 KB To consider an application for Temporary Event Notice Additional documents: Appendix 1 , item 12. PDF 119 KB Application , item 12. PDF 464 KB Appendix 2 , item 12. PDF 120 KB Police Objection Notice TEN Bruce Castle Park 4th August 18 , item 12. PDF 108 KB Minutes: Daliah Barrett, Licensing Officer, introduced the application for a Temporary Event Notice for an event at Bruce Castle Pavilion café on 4 August 2018. The event was described as a family fun day to commemorate Jamaican independence and Windrush. The Metropolitan Police Licensing Team had issued a counter notice, within concerns raised that the event was a commercial event and not a community event, and the event would cause noise nuisance for local residents. PC Mark Greaves presented the objection to the application. The main concern was the noise that would be created by the event, and the potential for the venue to be regularly used for music events. PC Greaves explained that the applicant had stated that the event would be for 100 people, however, the number of security staff and DJs should be included in this number as they should be, and so the amount of people would be restricted to 84. Jacqueline Smith, Applicant, explained that the event was for a family fun day, from 1-7pm on 4 August 2018. There would be DJs playing music at an enjoyable level, which would not cause nuisance to local residents. There would be 100 tickets available at £3 ticket per adult, sold in advance only. The area to be used by the event was in the pavilion area, which was a small wooden building with a fenced perimeter. The event was not the sort of event which would attract people looking to cause noise problems, but would attract families. There could not be any guarantee that music would not be heard from the event, but the applicant would ensure that it was played at an appropriate level. All parties summed up and the Chair advised that a decision would be provided in writing as soon as possible. The Committee carefully considered the application for a Temporary Event Notice, the Police Counter Notice, the representations made by Applicant, the Council’s Statement of Licensing Policy and the Licensing Act 2003 s182 guidance. The Committee resolved to grant the application. The Committee considered that there was insufficient evidence to conclude that the grant of this Temporary Event Notice would undermine the Crime and Disorder and Public Nuisance licensing objectives. Informative The Committee wished to remind the applicant that the TEN allowed a capacity of 100 people which was to include staff, organisers, performers and free tickets for children.
13.	Application for a Variation of a Premises Licence - GOLDEN SANDS 433-435 WEST GREEN ROAD LONDON N15 PDF 209 KB To consider an application for a variation of the premises license Additional documents: Appendix 1 , item 13. PDF 119 KB Application , item 13. PDF 767 KB Appendix 2 , item 13. PDF 120 KB Licensing Authority - Representation against GOLDEN SANDS , item 13. PDF 7 KB Appendix 3 , item 13. PDF 120 KB Met Police Representation , item 13. PDF 59 KB Minutes: At the outset, there was confusion as to the precise terms of the application and what the applicant was seeking. The applicant, through Counsel, sought to amend the application. Citing previous poor instructions, Counsel stated that the application had been incorrectly drawn with incorrect dates and timings listed. Counsel sought permission for the application to be amended at the hearing and for it to proceed on the basis of the amended application. After hearing legal advice, the Committee decided that they could not consider the amended application, due to the number of proposed amendments and inconsistencies within the application. The Committee considered that the application would need to be redrafted in its entirety so that it was clear as to what changes the license holder was seeking. The Committee therefore rejected the application.