Agenda and draft minutes

Special, Special Licensing Sub Committee
Friday, 16th December, 2016 10.00 am, NEW

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

Contact: Maria Fletcher, Principal Committee Co-ordinator 

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.  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.

2.

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:

There were no items of urgent business.

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 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.

 

The Licensing Officer advised that late documentation in the form of a supporting petition had been submitted by the premises licence holder the day prior to the hearing, however the Licensing Officer did not feel that the documentation met the criteria for submission as part of the hearing. On considering the nature of the documentation, all parties agreed that it could be submitted and that the Committee would give this documentation due weight in reaching its decision.

6.

Duke of Edinburgh, 83 Mayes Road, London N22 6UP pdf icon PDF 24 KB

To consider an application for a premises licence review brought by a local resident.

Additional documents:

Minutes:

The Licensing Officer introduced the report on a review brought by a local resident, Mr Barnes, in respect of the Duke of Edinburgh, 83 Mayes Road, London N22, under the Prevention of Crime and Disorder and Prevention of Public Nuisance licensing objectives. The report set out the guidance under Section 182 of the Licensing Act 2003 and other considerations, the application for review and supporting documentation, the existing premises licence, representations from the Noise Enforcement team and Police,  letters of representation from local residents and the representation from the licence holder.

 

In response to a question from the Committee regarding the use of the premises’ external area as a shisha garden, the Licensing Officer advised that this usage had come to the Licensing Authority’s attention as a result of visits to the premises. It was confirmed that this area was not covered by the premises’ current licence, and that a variation to the existing licence would be required for in order to permit any licensable activity in this area, for example use of the external bar service area. The Committee noted the number of previous letters and cautions issued to the premises; the Licensing Officer advised that the Licensing Authority had been preparing to apply for a review of the premises in 2014, but that the premises had subsequently closed, and notice issued that the owner of the property was seeking to recover possession from Mr Ozel, the leaseholder. The Licensing Authority had subsequently received a transfer of the licence to Mr Ozel, and the premises had reopened.

 

The applicant’s representative advised the Committee of the background to the review application having been submitted. Local residents had raised concerns directly with the premises to no effect, and the following were therefore sought as the result of the review process:

 

·         A reduction in the operating hours of the premises to midnight, as most issues occurred after this time. This was supported by the representation of the Noise Enforcement Team.

·         Replacement of the DPS, as recommended by the Police, as the current DPS was not considered to have fulfilled the duties of the role.

·         That the Police’s proposed conditions relating to the requirements of the CCTV system be imposed on the licence.

 

The applicant’s representative noted that an enquiry into recorded offences at the premises in 2014 had indicated that there had been 13 crimes recorded at the premises in a 6-month period, of which 8 bordered on public disorder. The incident where a weapon was found outside the premises, and the stabbing relating to a parking incident outside the premises were cited as evidence that the premises was out of control and that SIA staff were not performing their duties. The current premises licence stipulated a minimum of two SIA door staff on Friday and Saturday evenings from 9pm until close, and that these staff should monitor patrons to ensure that they leave in a prompt and courteous manner – evidence demonstrated that these conditions had not been adhered  ...  view the full minutes text for item 6.

7.

Socialite Bar, 272 Muswell Hill Broadway, London N10 pdf icon PDF 41 KB

To consider an application for a premises licence review brought by the Metropolitan Police as a responsible authority.

Additional documents:

Minutes:

The Licensing Officer introduced the report on the application for review of the Socialite Bar, 272 Muswell Hill, N10 premises licence, brought by the Metropolitan Police under the prevention of crime and disorder and public safety licensing objectives. The report set out the guidance under Section 182 of the Licensing Act 2003, the application for review and supporting documentation, existing premises licence, representations from the responsible authorities, letters of representation from local residents and the response from the premises.

 

PC Mark Greaves, Police Licensing Officer, introduced the review application and raised the following points:

 

·         This area was known for serious crime and disorder and the police had been working with the venues at this location to try and prevent further incidents.

·         The Socialite Bar had been cooperating with the police, but had been unable to address ongoing problems with crime and disorder and in fact there had been an increase in incidents. The police therefore felt that the only option was to review the existing licence, in particular the operating hours, as most of the problems occurred in the late-night hours, and were associated with private bookings.

 

The press and public were excluded from the meeting for a period, to enable the Committee to view CCTV footage of some incidents of crime and disorder in the area, some not attributed to the Socialite Bar, but others where those involved had been identified as having come from the premises.

 

The press and public were readmitted to the meeting.

 

The Noise Enforcement Team Officer spoke to the written representation submitted. The Committee then heard from a number of local residents who had written in support of the review, who raised the following points:

 

·         Neighbours in Dukes Avenue had experienced numerous problems over the years, including disturbance from shouting, screaming and fighting. Some residents had relocated their bedrooms to the rear of their properties to minimise the disturbance.

·         Concerns were expressed regarding the impact of the venue on the safety of residents in a nearby children’s home.

·         In respect of the licensing objective for the prevention of public nuisance, evidence of repeated incidents of anti-social behaviour had been submitted, and the Committee needed to give due weight to this evidence.

·         The roundabout was a major transport interchange, and there were people in the vicinity at all times of day. There were therefore concerns for the safety of passers-by in relation to the incidents of serious crime and disorder that had been reported, in particular the use of firearms in the area. This was now a densely-populated residential area and the safety of passers-by needed to be taken into consideration.

·         In respect of the licensing objective for the protection of children form harm, it was noted that the premises was close to Muswell Hill Primary School and that most local households were families with young children. Residents were dealing with the problems associated with the venue, but getting no benefits as a community from the business. Revocation of the licence was requested.

·         It was  ...  view the full minutes text for item 7.