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

27.

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.

 

28.

Apologies for absence

Minutes:

There were no apologies for absence.

 

29.

Urgent business

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 considered at item 8 below).

Minutes:

There were no new items of urgent business.

 

30.

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.

 

31.

Minutes pdf icon PDF 176 KB

To approve the minutes of the previous meeting of the Licensing Sub Committee B held on 27th August 2019.

Minutes:

RESOLVED

 

That the minutes of the meeting held on the 29th August 2019 be approved as a correct record of the meeting.

 

32.

Summary of procedure pdf icon PDF 156 KB

The Chair will explain the procedure that the Committee will follow for the hearing considered under the Licensing Act 2003 or the Gambling Act 2005. A copy of the procedure is attached.

Minutes:

Noted.

 

33.

Application for a New Premises Licence at Tilson Stores- 40 Tilson Road, London N8 pdf icon PDF 216 KB

To consider an application for a new premises which has been submitted by Mr Arda, a person previously under the employment of the current licence holder Mr Zeynel Gunduz.

Additional documents:

Minutes:

(Clerk note – a translator was present for the duration of the hearing for Mr Mahir Arda)

 

Licensing Officer

 

The Licensing Officer introduced the application which had been submitted by Mr Mahir Arda for a new premises license at Tilson Stores, 40 Tilson Road, N17. Mr Arda had previously been under the employment of the current licence holder Mr Zeynel Gunduz. The Committee in August determined to revoke the licence held by Mr Gunduz who had since appealed that decision and the matter was due to be heard in Court in the new year. However, Mr Arda (the employee) had submitted this new application and the Committee was asked to consider whether Mr Arda was suitable to hold a licence on the merits of the application and evidence heard.

 

In answering questions from the Panel, the Licensing Officer provided the following information:

 

·         Tilson Stores was in N17 and not N8 as stated in the title of the report.

·         ‘October 2019’ in paragraph 1.2 should read ‘August 2019’.

·         There was documentation that showed Mr Arda had some involvement in the running of the store from April 2019.

Prior to moving onto the submissions of the Responsible Authorities, Mr Robert Sutherland, Lawyer representing the Applicant, informed the Committee that his client was willing to accept the proposed conditions by Trading Standards contained at pages 45 to 47, and Public Health at pages 52 to 53.

 

Trading Standards

 

Trading Standards welcomed the decision of the Applicant to accept the conditions proposed but raised concern over Mr Arda’s previous involvement at the premises. Mr Arda had been present on the two occasions where the premises had been inspected by HMRC and Trading Standards when contraband was seized, namely alcohol and cigarettes. 

 

Trading Standards referred the Committee to page 57 of the report pack, which showed a draft License to Assign and Authorised Guarantee Agreement (the Agreement). As this had not been signed and completed, there was concern that Mr Gunduz could return to run the business if the deal for Mr Arda to take over the running of the premises failed to materialise.

 

In answering questions from the Panel, the Trading Standards Officer provided the following information:

 

·         It was understood that Mr Arda would take over the tenancy for the premises from Mr Gunduz.

·         Within the documentation, there was only one Mr Arda.

·         When Trading Standards visited the premises in April 2019, Mr Arda presented a personal license and appeared to have seniority at the premises.

Public Health

 

Public Health raised concerns over two of the licensing objectives, (1) prevention of crime and disorder and (2) the protection of children from harm.

 

It was highlighted that on Tilson Road, there were 31 crimes in the past year (June 18 to May 2019), of which 12 (39%) were violent or sexual offences and 3 (10%) were anti-social behaviour.

 

There was concern that the premises was situated within a busy residential area with two schools located nearby, including a children’s centre and primary school (4 min  ...  view the full minutes text for item 33.

34.

Items of urgent business

To consider any new items of urgent business admitted under item 3 above.

Minutes:

N/A.