Agenda and draft minutes

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

Contact: Glenn Barnfield, Principal Committee Co-ordinator 

Items
No. Item

19.

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.

20.

Apologies for Absence

Minutes:

Apologies were received from Cllr Rice; Cllr Carroll substituted.

21.

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:

N/A.

22.

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:

No declarations of interest were made.

23.

Summary of Procedure pdf icon PDF 196 KB

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.

24.

Review of a Premises Licence under the Licensing Act 2003 - Belmeis pdf icon PDF 209 KB

To consider an application for the review of the Premises Licence for Belmeis, 488 Muswell Hill Broadway London N10-held by Clarke and Parker Fishmongers Ltd (t/a) Belmeis.

Additional documents:

Minutes:

Late documentation

The License Holder introduced late documentation. The late documentation was four photographs, which included two before and two after pictures taken of Bluetooth speakers being lowered from their previous stationed positons at the premises. The Applicant raised no objections to the late documentation and it was formally submitted to the Committee.

 

Licensing Officer

Daliah Barrett, Licensing Officer, introduced the application for the review of the Premises Licence for Belmeis, 488 Muswell Hill, Broadway, London, N10 - held by Clarke and Parker Fishmongers Ltd (t/a) Belmeis. The Licensing Officer outlined the report prepared as set out at pages 3-9. The application for review had been made by local residents.

The Licensing Officer noted the primary concern of the Applicants for the review was the noise nuisance which emanated from the Blutooth speakers of the premises. The Applicants also had concern regarding the noise nuisances from the use of the courtyard after closing time and the smell from the food provided at the premises.

A representation had been received from the Noise Authority which was at Appendix 2, pages 41-70. The License holders had submitted their response to the review which was at Appendix 4, pages 71-84.

The Licensing Officer highlighted to the Committee that the Licensing Act 2003 created a general exemption that live unamplified music provided anywhere shall not be regarded as the provision of regulated entertainment under the Licensing Act 2003, if it took place between 8am and 11pm, regardless of the number of people in attendance.

The Committee had no questions for the Licensing Officer and next heard from the Applicants of the review.

 

Applicants

At the outset, the Applicants clarified that they did not seek for Belmeis to be closed. The Applicants sought for the premises to uphold the conditions on the Premises License.

The Applicants claimed that noise nuisance from the premises occurred on a daily basis with the bass from the music causing significant disturbance. They also claimed that the music continued after the closure of the premises was supposed to take place, in violation of the conditions on the premises license. They conceded that the noise disturbances caused from the music had improved but remained a nuisance. One of the residents, who was an acoustic professional, carried out an acoustic assessment and found that noise in a local flat doubled during the opening hours of Belmeis. The Applicants had liaised with the Council’s Noise Enforcement team who had advised them to apply to the Licensing Authority for a review of the Premises License.

The Applicants sought Belmeis to introduce adequate soundproofing to minimise noise disturbances. They also sought for the condition on the premises license surrounding the courtyard not being used in the evenings, to be adhered to.

The Committee next heard from the Noise Authority.

 

Noise Authority

Rockwell Charles represented the Noise Authority and informed the Committee that he had interrogated the noise database regarding noise nuisance emanating from 488 Muswell Hill and found 101 complaints had been  ...  view the full minutes text for item 24.

25.

Consideration of suspension or revocation of a Personal licence following conviction pdf icon PDF 173 KB

To consider the suspension or revocation of a personal licence following a conviction of a relevant offence by the holder of that licence.

 

Minutes:

Daliah Barrett, Licensing Officer, introduced the application to consider the suspension or revocation of a personal licence following a conviction of a relevant offence by the holder of that licence. The Licensing Officer outlined the public report prepared as set out at pages 109-111 and the private report as set out at pages 113-114.

The Licensing Officer highlighted that, following a change in legislation, there was a requirement for personal license holders to inform the Council if there had been any changes such as name change, change of address or relevant conviction against the holder. Failure to do so was an offence.

The Licensing Team became aware of a conviction by the License Holder and, despite numerous opportunities to declare their conviction, the Holder subsequently failed to do so.

Following questions from the Committee, it was noted:

  • The License Holder was not presently a Designated Premises Supervisor (DPS) in Haringey.
  • The License Holder had been offered the opportunity to attend but had declined.
  • Personal Licenses did not lapse and would need to be either suspended or revoked.

 

RESOLVED

The Committee carefully considered an application to consider suspension or revocation of a Personal Licence, following a failure to disclose to the Council a conviction and change of address.

In considering the application, the Committee took into account, the London Borough of Haringey’s Statement of Licensing Policy, the Licensing Act 2003, the Licensing Act 2003 section 182 Guidance, and the Report pack.

Having heard from all the parties, the Committee decided to revoke the Personal License.

 

Reasons

 

The Committee noted the seriousness of the conviction and the repeated failures by the License Holder to declare the conviction to the Council, despite numerous opportunities to do so.

The Committee noted with some concern, the licence holder’s failure to attend the committee.

The Committee approached its deliberations with an open mind and only made its decision after hearing the parties’ representations. The Committee considered its decision to be appropriate and proportionate.

(This is a redacted version of the decision – full decision in exempt minutes)

 

26.

Exclusion of the press and public

TO RESOLVE

 

That the press and public be excluded from the meeting for consideration of the following items as they contain exempt information as defined in Section 100a of the Local Government Act 1972 (as amended by Section 12A of the Local Government Act 1985); paragraph 1.

Minutes:

Resolved

That the press and public be excluded from the remainder of the meeting as the items below contain exempt information, as defined under paragraph 1, Part 1, schedule 12A of the Local Government Act 1972.

 

27.

Consideration of suspension or revocation of a Personal licence following conviction

As per Item 7.

Minutes:

As per item 25 and the exempt minutes.