Agenda and draft minutes

Special Licensing Sub Committee
Friday, 24th July, 2020 10.30 am, NEW

Venue: MS Teams

Contact: Felicity Foley, Acting Committees Manager 

Note: To watch, click the link on the agenda frontsheet or paste the following into your browser - https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmU4OGNkN2UtMDhiOC00NzEyLWE0NDUtOWQ0NmE0NjcxYzIw%40thread.v2/0?context=%7b%22Tid%22%3a%226ddfa760-8cd5-44a8-8e48-d8ca487731c3%22%2c%22Oid%22%3a%2202aebd75-93bf-41ed-8a06-f0d41259aac0%22%2c%22IsBroadcastMeeting%22%3atrue%7d 

Items
No. Item

28.

ELECTION OF CHAIR FOR THE MEETING

Minutes:

Councillor Peter Mitchell was elected to chair the meeting.

29.

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 informed all present that the meeting was to be live streamed on the Council’s website.

30.

Apologies for Absence

Minutes:

None.

31.

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:

None.

32.

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:

None.

33.

Summary of Procedure

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 will be circulated to all parties prior to the meeting.

Minutes:

The Chair outlined the procedure to be followed during the meeting.

34.

Review of a Premises Licence under the Licensing Act 2003 - Haringey Snooker Club, 1-5 Salisbury Promenade, Green Lanes London N4 pdf icon PDF 453 KB

Additional documents:

Minutes:

Daliah Barrett, Licensing Officer, introduced the report as set out.  The premises had been transferred to the current licence holder, Mr Bahattin Dag, in 2019, however it was clear that he had been involved with the premises since 2012 when officers carried out a joint visit with the Gambling Commission and found 10 unauthorised and illegal gaming machines onsite in contravention of the Licensing Act 2003 and the Gambling Act 2005.  Three further visits had been carried out, with breaches found on each occasion.  During a visit in October 2019, Mr Dag had been found to be employing an individual with restrictions on working in the UK.  The Licensing Authority was seeking a review of the premises licence on the grounds that the repeated siting of illegal gaming machine at the premises undermined the prevention of crime and disorder licensing objective.

 

In response to questions from the Committee, Ms Barrett advised that:

-           If a premises had a licence to serve alcohol, then the Premises Licence Holder would have an automatic entitlement to have two category C or D gaming machines on site, providing that notice was provided to the Licensing Authority, and the prescribed fees paid.  For three or more machines, an application for a permit must be made to the Licensing Authority.  The Harringay Snooker club had not made any such application and did not hold either the normal notification of 2 machines or the Premises Gaming machine permit.

-           The review was sought on the repeated siting of illegal gaming machines, however the Committee could take the employment of the individual without permission to work in the UK into consideration.

 

Sarah Greer, Enforcement Manager, presented the application for a review of the premises licence.  The application related to several different offences, as set out in the application:

-           A joint visit between Haringey Enforcement Team and the Gambling Commission in October 2019 which found four gaming machines on the premises in a concealed room.  The machines were found to be illegal as they were not compliant with the Gambling Regulations or Commissions Technical Standards.  An individual was also found to be working on the premises who did not have permission to work in the UK.

-           A HMRC visit in February 2020, where an officer observed four gaming machines and one betting terminal made available for use on the premises.

-           A visit in November 2014, where Haringey Council and the Gambling Commission visited the premises and found six gaming machines available for use on the premises.  The machines were found to be illegal as they were not compliant with the Gambling Regulations or Commissions Technical Standards.

-           A visit in September 2012, where Haringey Council and the Gambling Commission visited the premises and found ten gaming machines available for use on the premises.  The machines were found to be illegal as they were not compliant with the Gambling Regulations or Commissions Technical Standards.

 

In response to questions from the Committee, Ms Greer advised that:

-           During  ...  view the full minutes text for item 34.