Agenda and draft 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.

RESOLVED

·         That the Chair’s announcement regarding the filming of meetings be noted.

None.

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 7 below).

None.

None.

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.

RESOLVED

·         That the procedure be noted.

To consider an application for transfer of the premises licence and variation of the Designated Premises Supervisor.

The Committee carefully considered the application for the transfer of a premises licence and variation of a designated premises supervisor (DPS) which had been objected to by the Metropolitan Police, the representations of the Metropolitan Police and the applicant, Mr Racu, the Council’s Statement of Licensing Policy and the s182 guidance.

The Committee resolved to refuse the applications for both the transfer of the premises licence and the variation of the DPS.

The applicant admitted to operating the premises without transferring the licence or appointing a DPS for a considerable period, despite the Police informing him this was necessary on 12 October 2015. The reason given by Mr Racu was that he had forgotten to send the application form in to the licensing team. In addition, the applicant admitted to selling counterfeit and non duty paid tobacco whilst knowing this to be an offence but said that he did so because the business was not doing well financially.

The Committee also heard from the Police evidence of cannabis use at the premises on 9 October 2016 and consumption of alcohol on the premises, although it was denied that this consumption was by customers. In light of the offences admitted to by the applicant and the evidence from the Police that the premises were located in the centre of one of Haringey’s highest crime areas, the Committee considered that in this case, there were exceptional circumstances for objecting to the applications and that  there was evidence that the premises, whilst under the control of the applicant, had been involved in crime linked to licensable activities which it took very seriously.

The Committee was not reassured by the explanations given by the applicant that he was capable of managing these challenging High Road premises in a proper manner that would uphold the licensing objective of the prevention of crime and disorder. He had not provided any reassurance or demonstrated an ability to uphold the minimum requirements for the role of DPS. For the reasons given above, the Committee considered it appropriate to refuse both applications.

None.