Agenda item

TO CONSIDER AN APPLICATION FOR A CONVERSION AND VARIATION OF A PREMISES LICENCE: Coach & Horses, 862 High Road N17

TO CONSIDER AN APPLICATION FOR A CONVERSION AND VARIATION OF A PREMISES LICENCE: Coach & Horses, 862 High Road N17 (Agenda Item 6)

               The Licensing Officer presented this report.

               The Legal Adviser raised a preliminary issue in connection with the fact that the application form contained requests in Boxes M and O of the operation schedule “to serve alcohol thirty minutes before and thirty minutes after any live Football World Cup, European Cup, England Test Matches, Rugby World Cup”.   The Legal Adviser advised the Committee that the requests were non-specific as regards timings as potentially the “thirty minutes before and thirty minutes after” could occur at any time of the day or night.  The Applicant’s Solicitor demurred on the grounds that the events were named and would take place on specific dates and the Applicant wanted the opportunity to open the premises to the public as requested in order to show the televised live event at whatever time of day that it may be showing.  The Legal Adviser then advised the Committee that in the circumstances, it would be a matter for the Committee to decide whether the potential proposed openings were sufficiently specific to enable the Authority to consider the potential impact on the licensing objectives.

               The Legal Adviser confirmed that, under the 1964 Act, the original Justices Licenses had applied a blanket policy to licensed premises in Haringey to open from 11 am on Saturdays; therefore 10 am opening on Saturdays was not covered by ‘grandfather rights’  This had been confirmed in an email from the Court which was available for members’ inspection.

               There were no objections from Interested Parties but the police had made an objection to 10 am opening on Saturday and Sunday match days and asked for four conditions to be put on the Licence as set out in section 6.1 of the report. The Police outlined their partnership scheme with the licensed premises around the Tottenham Hotspur Football ground and their anti-hooliganism initiative called ‘Tackling Crime Together’ and confirmed that they had enjoyed a good working relationship with the Coach and Horses over the past 10 years with the current Licensee (the proposed Designated Premises Supervisor).  The Police also conceded to the Applicant’s assertion that there had not been any trouble with the Applicant’s premises over the past 10 years.

               The Solicitor for the Applicant stated that under paragraph 13.26 of the DCMS Guidance, the Committee was not entitled to restrict the Applicant’s Grandfather rights.  The Legal Adviser queried this point and informed the Hearing that under Schedule 8, paragraph 3 to the Licensing Act 2003, the police had a right to object to an application for Conversion.  The Legal Adviser asked for clarification as to whether the Police objection related both to the applications for Conversion and for Variation, as the Committee had been convened to hear an application for Conversion and Variation.  The Police Representative confirmed that the Police objection applied both to the Conversion and Variation.  The Applicant’s Solicitor then stated that the application had been submitted to and received by the Licensing Authority on about 20 July 2005 and accordingly, that the application for Conversion was deemed granted.

               Following confirmation from the Licensing Officer that the application had been stamped as received on about 20 July 2005, the Legal Adviser concurred that the effect of the legislation is that if the Licensing Authority fails to determine an application for conversion within two months of the date of receipt, the application for Conversion is deemed granted.  The Legal Adviser then explained to Members that there was in fact no need to determine the question as to whether the application for Conversion was deemed granted.  The Legal Adviser gave her reason for that view as follows: because in any event her advice to the Committee in relation to the Police objection would be that, as the police had not presented any evidence of a material change in circumstance arising since the date of issue of the applicant’s current licence, the Police objection could not apply to the application for Conversion.  The Legal Adviser further advised that in the circumstances, the Committee would accordingly only be considering those aspects of the application for Variation referred to in the Police letter.

               Members were therefore asked to consider the variation of hours, as set out in the report in relation only to those hours put into issue in the Police letter. The Police representative confirmed that they had no objections to the conversion aspect of this application.

               The applicant’s representative confirmed that the voluntary partnership arrangements were working well and they would continue to co-operate with the police in this regard.

               The Police explained to members that their concerns were that the earlier opening on match days would encourage longer drinking hours and potentially anti-social behaviour.

               The Applicant’s Solicitor asked members to be mindful of the fact that off-licenses in the locality open from 8 am and therefore the problem would still exist if the premises opened at 11am and not 10 am. Members queried whether section N of the operating schedule had been completed, as it did not appear on the application form.  The Applicant’s solicitor advised that section N referred to ‘adult entertainment’ and he believes that his client would have completed that section but in any event, he was able to assure the Committee that his client does not and will not be providing adult entertainment.

               The Committee retired to consider its Decision.  The Committee then returned to the Hearing and requested that the Committee Clerk read out the decision.  Upon hearing the decision, the Applicant’s Solicitor craved the Committee to reconsider its decision to remove from the operating schedule the requests that the premises be open to the public “to serve alcohol thirty minutes before and thirty minutes after any live Football World Cup, European Cup, England Test Matches, Rugby World Cup”, which is contained in Boxes M and O of the operating schedule.  The Applicant’s Solicitor stated that the Applicant would like those requests to be reinstated and would be willing to submit to a condition in terms equivalent to those contained in the ACPO Guidance relating to conditions in connection with non-standard timings.  The Committee remarked that it had not seen the ACPO Guidance and the Applicant’s Solicitor stated that he did not have it with him.  The Legal Adviser advised the Committee that in the event they were minded to reconsider the non-standard timings aspect of their decision, then perhaps the Applicant’s Solicitor would be so kind as to write down the proffered condition.  The Committee agreed to reconsider its decision and the Applicant’s Solicitor passed to the Legal Adviser the proffered condition in writing, which stated “Limited to 12 events a year with 14 days notice in advance to Police and Licensing Authority the Police to have a right of veto”.

               RESOLVED

               That the application for a variation of the premises license be granted as requested on all days; except as regards opening hours on Saturday and Sunday match days.  Subject to

                                            i.            Standard Mandatory Conditions as set out in ss 19, 20 and 21 of the Licensing Act 2003

                                          ii.            Conditions to enforce the recommendations of the CPA

                                        iii.            Conditions to Enforce the Operating Schedule, except that the requests “to serve alcohol thirty minutes before and thirty minutes after any live Football World Cup, European Cup, England Test Matches, Rugby World Cup” contained in Boxes M and O of the operating schedule is subject to the following additional condition: Limited to 12 events a year with 14 days notice in advance to Police and Licensing Authority the Police to have a right of veto.

iv.  That all embedded restrictions inherent in the Licensing Act 1964 remain, save  those restrictions which are inconsistent with this license..

INFORMATIVE in respect of the Operating Schedule

The “further additional hour” hereby granted for named days and referred to in Boxes B, C, E , F J, K M and O is at the end of the normal permitted hours on each of those days.