Agenda and minutes

Alcohol and Entertainment Licensing Sub-Committee (B)
Wednesday 2 March 2016 10.30 am

Venue: Board Room 3 - Brent Civic Centre, Engineers Way, Wembley HA9 0FJ

Contact: Joe Kwateng, Democratic Services Officer  (020) 8937 1354; Email: joe.kwateng@brent.gov.uk

Items
No. Item

1.

Declarations of personal and prejudicial interests

Members are invited to declare at this stage of the meeting, any relevant financial or other interest in the items on this agenda.

Minutes:

None.

2.

Application by Ground Round Limited for a new premises licence to provide regulated entertainment and the supply alcohol from: 10:00hrs to 00:00hrs Monday to Sunday and provide late night refreshment from 23:00hrs to 00:00hrs Monday to Sunday and to remain open from 09:30hrs to 00:30hrs Monday to Sunday at Burger Fi (Unit 17, Building 1, Wembley Central Square, High Road, HA9 7AJ), pursuant to the provisions of the Licensing Act 2003. pdf icon PDF 49 KB

Additional documents:

Minutes:

The Sub-Committee were informed that as all parties had agreed conditions, the application by Ground Round Limited for a new premises licence to provide regulated entertainment and the supply alcohol at Burger Fi (Unit 17, Building 1, Wembley Central Square, High Road, HA9 7AJ), pursuant to the provisions of the Licensing Act 2003 did not need to be heard..

3.

Application by the Metropolitan Police for the review of a premises licence held by Mr Nadarajah Sivapalan for the premises known as Sidneys Off Licence, (216 Ealing Road, Wembley HA0 4QG) pursuant to the provisions of the Licensing act 2003. pdf icon PDF 44 KB

Additional documents:

Minutes:

Responsible Authority

Nick Mortimer                        Brent Licensing Police

Nicola McDonald                 Brent Licensing Police

Esther Chan                         Brent Environmental Health

Lavine Miller Johnson        Licensing Inspector

 

 

Applicants

Eleanor Sibley                      Agent

NadarajahSivapalan          Premises Licence Holder & DPS

Mr Merali                                on behalf of local residents

 

 

Decision

That the application by the Metropolitan Police for the review of a premises licence held by Mr Nadarajah Sivapalan for the premises known as Sidneys Off Licence, (216 Ealing Road, Wembley HA0 4QG) pursuant to the provisions of the Licensing act 2003 be granted with amended and additional conditions as set out in the decision notice.

 

The full record of the Sub-Committee’s decision and the reasons are as set out in the decision letter, set out below.

 

The application

The Sub-Committee has given careful consideration to an application by the Police, under section 51 of the Licensing Act 2003, to review the premises licence relating to Sidney’s Off Licence 216 Ealing Road Wembley HAO 4QS.  Mr Nadarajah Sivapalan is the premises licence holder and is also the designated premises supervisor (DPS). The premises is currently licensed for the sale of alcohol and to remain open from 08:00hrs to 23:00hrs Monday to Saturday and from 10:00hrs until 22:30hrs Sunday.

 

In summary, the Police raised concerns about the following licensing objectives: prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm. The Police concerns primarily related to the sale of alcohol to a thirteen year old child on 30 October 2015, failure to display the premises licence, lack of staff training and licensing knowledge, lack of supervision by a personal licence holder and public nuisance and anti-social behaviour generated from customers drinking in the street and nearby park.  

The full details of the application made by the Police, amongst other information, is contained within the document pack attached to the Agenda for our meeting. This information is publicly available on the Council’s website and is therefore not repeated in detail in our decision notice.

 

The hearing

Mr Sivapalan attended the hearing and was represented by Counsel Eleanor Sibley

 PC Nicola McDonald and Police Licensing Officer Nick Mortimer represented the Police.

Representations were also made by Lavine Miller-Johnson Licensing Enforcement Officer and Mr Merali on behalf of local residents

The decision

 

We have listened to all the representations and have read all the material.

We have had regard to the statutory guidance issued under section 182 of the Licensing Act 2003, and the Council’s own licensing policy.

We have taken into account our duty under section 17 of the Crime and Disorder Act 1998 to have due regard to the likely effect of the exercise of our discretion on, and the need to do all we reasonably can, to prevent crime and disorder in our area and the misuse of alcohol. 

We confirm that in making our decision we have sought to promote the licensing objectives.

We also confirm that we have imposed further regulation only if satisfied that it was necessary, proportionate and appropriate to  ...  view the full minutes text for item 3.

4.

Application by Julia Smeardon for the review of a premises licence held by John Denis McGowan for the premises known as McGowans (88 Walm Lane, London NW2 4QY) pursuant to the provisions of the Licensing Act 2003 pdf icon PDF 44 KB

Additional documents:

Minutes:

Responsible Authority

Nick Mortimer                        Brent Licensing Police

Lavine Miller Johnson        Licensing Inspector

 

 

Applicant

Ms Julia Smeardon             Resident

Mr Kemp

 

Premises

Mr McGowan                        Premises Licence holder

Luke Ponte                           Counsel for premises licence holder      

 

 

Decision

That the application by Ms Julia Smeardon for the review of a premises licence held by Mr McGowan for the premises known as McGowan’s Pub 88 (Walm Lane London NW2 4QY) pursuant to the provisions of the Licensing act 2003 be not granted subject to conditions recommended by the Licensing Service as amended

 

The full record of the Sub-Committee’s decision and the reasons are as set out in the decision letter, set out below.

 

The application

The Sub-Committee has given careful consideration to an application by Julia Smeardon, under section 51 of the Licensing Act 2003, to review the premises licence relating to McGowan’s Pub 88 Walm Lane London NW2 4QY. The premises licence holders are JDMInvestments Ltd.  Miss Carole Maseda is the designated premises supervisor (DPS). The premises is currently licensed for the sale of alcohol and regulated entertainment from 10:00hrs to 00:00hrs Monday to Sunday, Late Night Refreshment from 23:00hrs to 00:00hrs Monday to Sunday and to remain open from 10:00hrs to 00:30hrs Monday to Sunday.

In summary, Ms Smeardon raised concerns about the following licensing objectives: prevention of crime and disorder, prevention of public nuisance, public safety and the protection of children from harm.

Ms Smeardon’s concerns primarily related to the playing of very loud music accompanied by DJ using a microphone and patrons singing karaoke. Pollution from cigarette smoke, pavement fouling from cigarette buts and ash, urine, vomit, spitting, broken glass,take-away food and litter. Criminal damage. Disorderly and regularly aggressive behaviour often resulting in fights on the pavement. Drunken customers within metres of a “Drinking Control Zone” Notice, obstructing pedestrians and causing them to walk into the busy road. Customers drinking after hours and causing noise and disturbance on leaving often as late as 3-4am.   

The full details of the application made by the Police, amongst other information, is contained within the document pack attached to the Agenda for our meeting. This information is publicly available on the Council’s website and is therefore not repeated in detail in our decision notice.

The hearing

Ms Smeardon attended the hearing along with her partner Mr Kemp.

Mr McGowan attended and was represented by Counsel Mr Luke Ponte

Representations were also made by Lavine Miller-Johnson Licensing Enforcement Officer

The decision

We have listened to all the representations and have read all the material.

We have had regard to the statutory guidance issued under section 182 of the Licensing Act 2003, and the Council’s own licensing policy.

We have taken into account our duty under section 17 of the Crime and Disorder Act 1998 to have due regard to the likely effect of the exercise of our discretion on, and the need to do all we reasonably can, to prevent crime and disorder in our area and the misuse of alcohol. 

We confirm  ...  view the full minutes text for item 4.