Agenda item

To consider an application for a NEW Premises Licence.

(Agenda Item 5)

The Licensing Manager, Ms Barrett, presented the Report on the application to the Committee, highlighting that the Enforcement Services had had made a representation upon notice of the application. This was because the premises were under enforcement action for trading without a Night Café Licence and that they were concerned with accountability at the premises. Ms Barrett also highlighted that the Planning Officer had objected to the application because planning consent had be granted to trade until 23:00. Ms Barrett informed the Committee that there had one representation from an Interested Party, the Ladder Community Safety Partnership Board (LCSPB).

A representative of the LCSPB, Mr Ian Sygrave, asked Ms Barrett if an extension to the planning consent for the premises had been applied for to which the response was that none had been received from the licensee.  Mr Sygrave also asked there had been further evidence of opening beyond permitted hours by the licensee. Ms Barrett responded that up until the Christmas 2005 period, there had been instances of late night opening beyond permitted hours. These were:

·           15 and 16 December 2005 at 02:00 and 03:30 respectively

·           18 December 2005 at 01:55

·           19 December 2005 at 01:00

The Chair invited the objector to address the Committee. Councillor Gina Adamou, also representing the LCSPB, stated that she was happy with the 02:00 closure but wanted the applicant to have the relevant planning consent. Mr Sygrave stated that it would make common sense for the licensee to apply for planning consent that matched the applied for new premises license. He also stated that he had concerns about the applicant’s operating schedule in respect of the licensing objectives for the prevention of crime and disorder, public safety, and public nuisance because he felt these did not promote the objective sufficiently enough.

The Chair invited the applicant to address the Committee. The applicant, represented by Mr Sherrif Mehmet, stated that before purchasing the premises, he was told that it had necessary consent to trade until 00:00 everyday. Mr Mehmet called for licenses to be granted either until 23:00 or to 02:00 to ensure uniformity along the Haringey Green Lanes. Mr Mehmet stated that the planning service only granted consent until 23:00 and that this was a contradiction to premises licenses granted later than this. He also stated that there were no complaints from local residents and other residents association in the area relating to the premises.

Councillor Newton asked the applicant what the capacity was of the premises. The response was 60 people (52 seated customers and 6 members of staff). There was no provision for take-away food. The Chair asked the applicant to explain why he had been found to be open after his licensable hours. Mr Mehmet replied that the applicant had made a mistake and recalled that at the time the licensee was new to the premises and had to compete with other premises along Green Lanes who closed at 02:00. He claimed that he had had no response from the planning service and that his previous licenses had been lost by the Council. Ms Barrett confirmed that back in 1980, the planning service had refused an application to become as restaurant and therefore the current applicants would need to apply for a certificate of lawfulness.

RESOLVED

              That the Committee grants the application in full, subject to the following conditions:

·           Conditions to enforce the operating schedule

·           That a list of persons in control of the premises be provided to the Licensing Authority within seven days.  One of those persons named on the list shall be present on the premises at all times. Any subsequent variation to the list shall be notified to the Licensing Authority within seven days prior to the said change taking effect.

There was an informative:

The licence granted would not constitute consent under any other regime. It would be necessary for the licensee to obtain any other consent that may be necessary for the lawful operation of the premises.  This would include an appropriate planning consent.