Agenda and draft minutes

Special Licensing Sub Committee
Tuesday, 7th September, 2021 7.00 pm

Venue: Remote Meeting - MS Teams

Contact: Fiona Rae, Principal Committee Co-ordinator  3541 Email:

Note: To join this meeting, use the link on the agenda frontsheet 

No. Item



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.


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



To receive any apologies for absence.


There were no apologies for absence.



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.


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.



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.


There were no declarations of interest.



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


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



To consider an application for a new premises licence.

Additional documents:


Daliah Barrett, Licensing Officer, introduced the report which presented an application for a new premises licence for Divina Kitchen, 256 Archway Road, London, N6. It was explained that the application requested a licence for the following licensable activities:


Regulated Entertainment: Live Music

Monday to Wednesday 1700 to 2000 hours

Thursday to Saturday 1700 to 2300 hours

Sunday 1700 to 2100 hours


Recorded Music

Monday to Thursday 1000 to 0000 hours

Friday to Saturday 1000 to 0100 hours

Sunday 1000 to 2300 hours


Late Night Refreshment

Monday to Thursday 2300 to 0000 hours

Friday to Saturday 2300 to 0100 hours


Supply of Alcohol

Monday to Thursday 1000 to 0000 hours

Friday to Saturday 1000 to 0100 hours

Sunday 1000 to 2300 hours

Supply of alcohol ON the premises


Hours open to Public

Monday to Thursday 1000 to 0000 hours

Friday to Saturday 1000 to 0100 hours

Sunday 1000 to 2300 hours


It was stated that representations had been received fromother persons, including a ward councillor, and these were set out in full in the report. It was added that three representations had been received from Responsible Authorities: the Licensing Authority, Building Control, and Planning.


It was explained that the premises had previously held a licence under different ownership. It was noted that, over time, there had been some changes to the type of restaurant and the layout of the premises, including changes to the rear garden. It was also noted that there had been noise complaints resulting from the use of the rear garden.


The Licensing Officer explained that the application carried the conditions offered by the applicant but that, in this case, the conditions offered were largely unenforceable and would not be able to be converted into conditions. It was noted that the representation from the Planning Officer commented that there were outstanding planning issues in the rear yard and that the hours of operation permitted under the planning permission for the premises were 9am – 11pm across the week. The representation from Building Control noted that the plans submitted were not reflective of the premises and that there were a number of issues that should be rectified before a licence became operational. The representation from the Licensing Authority stated that noise control measures and any conditions would need to be appropriate and proportionate and proposed alternative hours.


It was also noted that the relevant laws and guidance were listed in the report, from section 6 onwards. It was explained that the Committee could grant the licence subject to mandatory and other conditions, exclude from the scope of the licence any of the licensable activities to which the licence related, refuse to specify a person in the licence as the premises supervisor, or reject the application. It was added that the licensing authority’s determination of the application was subject to a 21 day appeal period.


At 7.15pm, Cllr Barbara Blake noted that she had experienced some technical issues and had missed approximately three minutes of the discussion. The Licensing  ...  view the full minutes text for item 6.