Agenda and minutes

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.

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

Apologies were noted from Cllr Basu. Cllr Patterson attended as substitute.

The Chair will consider the admission of any late items of urgent business.  (Late items will be considered under the agenda item where they appear.  New items will be deal with at item 6 below).

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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.

NOTED the procedure summary for Licensing Sub-Committee hearings, pages 1-2 of the agenda pack), which the Chair introduced drawing attention to the four licensing objectives.

To consider an application submitted by the Metropolitan Police for an expedited review of the premises licence.

RECEIVED the application for the expedited review – To determine the application for the Summary Review – DG Gunaydin– 596 Tottenham High Road, London N17 as detailed on pages 3 to 81 of the agenda pack.

a.         Licensing Officer’s Introduction

The licensing officer, Daliah Barrett, introduced the application for an expedited review contained in the agenda pack. NOTED that the expedited review was brought by the Police against the above named premises for storage and selling of large quantities of non-duty paid alcohol and tobacco on licensed premises as well as counterfeit tobacco. The Licensing Sub-Committee decided to take the interim step of suspending the premises licence with immediate effect. The expedited review was brought under the licensing objective of the prevention of crime and disorder as well as in the interests of public safety.

The licensing authority was required to arrange a hearing to determine the application for a full review of the premises licence within 28 days commencing the day following the day on which the application was received. A public notice was displayed by the Licensing Authority at the premises and at the Civic Centre, and a copy placed on the Council’s website for no less than seven days, commencing on 16^th December 2015. Members were advised that the interim steps taken on 17^th December 2015 would cease to have effect on the determination of the application for summary review (subject to right of appeal).

b.         Police Representation

NOTED the representation by Sarah Benning, Interim Tactical Enforcement Team Leader, on behalf of Mark Greaves from the Metropolitan Police, including that: Officers from the Council and Police visited the premises on 9^th December, following a complaint received through Crimestoppers alleging sales of illicit goods at the store. Mr Marinov was present on site during the visit, in which officers uncovered a variety of goods that should not have been made available for sale at the premises ranging from illicit tobacco, non-duty paid cigarettes and tobacco, non duty paid alcohol, prescription only medication that should only be available through a pharmacy and skin lightening creams that were not permitted to be sold in the UK. A quantity of money was also found in various places around the store.

All of the goods were seized and taken to the police station. On the 10^th December 2015, Mr Marinov was cautioned and interviewed according to the Police and Criminal Evidence Act (PACE) 1984 regarding the alleged offences under the Licensing Act 2003, Tobacco Products (Manufacture, Presentation and Sale)  (Safety) Regulations 2002 (as amended), the Trade Marks Act 1994 and the Medicines Act 1968. During the interview Mr Marinov admitted that he sold the medication, alcohol and tobacco to customers.

Ms Benning advised the committee that some of the tobacco seized had been confirmed as counterfeit by the brand holder.

The following questions were put to Mr Marinov.

The Committee requested clarification on the counterfeit tobacco, in response officers advised that only the tobacco seized  ...  view the full minutes text for item 6.

To consider an application submitted by the Enforcement Response Team for a review of the premises licence.

RECEIVED the application for the review of Chidos Social Club Premises License – 98 West Green Road, London N15 as detailed on pages 83 to 124 of the agenda pack and also pages 1 to 28 of the supplementary agenda pack.

a.         Licensing Officer’s Introduction

The Licensing Team Leader, Daliah Barrett, introduced the application for a review of the Chidos Social Club Premises License, referring to the documents contained in the agenda pack. NOTED that report related to an application for the review of Chidos Social Club Premises Licence by Charles Buckle – Enforcement Response Officer, under the prevention of public nuisance licensing objective and breaches of licensing conditions.

Ms Barrett advised that a number a complaints had been received from residents of men congregating outside the premises and of noise disturbance emanating from the premises. The licence holder was spoken to in August 2015 following admitting that he had lock-ins and operated beyond the hours of his licence. He was issued with warning letters and an interview to make sure that he understood that he must comply with the hours placed on the licence for the opening times. Further monitoring visits to the premises by Enforcement Response found the premises to be regularly operating beyond its permitted hours.

b.         Representations from Charles Buckle, Enforcement Response Officer

NOTED the representation by Derek Pearce, Enforcement Response Team Leader & Charles Buckle, Enforcement Response Officer on behalf of Haringey Council, including that: a request for a review of the licence was brought due to the failure of the licence holder to uphold the prevention of public nuisance and prevention of crime and disorder objectives of Licensing Act 2003.

Mr Pearce advised that the times of licensable activities were suitable for the type of premises and location. The licence permitted the supply of alcohol from 10:00-22:45 Monday to Sunday and the opening hours of the premises were 10:00-23:00 Monday to Sunday.  Enforcement Response commented the issue was that the premises had been operating beyond those hours. Mr Pearce summarised the complaints that Enforcement Response had received regarding the premises during the period March 2015 to November 2015. The Committee considered the frequency of complaints and the actions taken in response to those complaints.

Mr Buckle advised the committee that he had visited the premises on a number of occasions in response to the complaints received and then fed back to the Committee on what he observed during these visits. The Committee considered that on a number of occasions the premises was observed operating beyond licensed times and that regulated entertainment was also observed taking place on some occasions. The Committee noted that on each of these occasions the appropriate warning letter regarding regulated entertainment and/or operating beyond permitted times were sent. The warning letters were included in the supplementary agenda pack at pages 15 to 27.

The Committee asked for clarification on the number of different complainants involved. Officers responded that they did not have the details to hand but added that there was  ...  view the full minutes text for item 7.

None.

Meeting finished at 10:00.