Agenda, decisions and minutes
Venue: Council Chamber, Brent Town Hall, Forty Lane, Wembley, HA9 9HD. View directions
Contact: Toby Howes, Senior Democratic Services Officer 0208 937 1307, Email: toby.howes@brent.gov.uk
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Declarations of Personal and Prejudicial Interests (if any) 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 at this meeting. |
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Application by Abshir Mohamud Gulled for a Premises Licence for 'The Lodge' (226-228 High Street, London, NW10 4TD) pursuant to the Licensing Act 2003 The application is for a premises licence is for the sale of late night refreshments and the provision of regulated entertainment from 12.00 until 00.00 Sunday to Thursday and until 05.00 the following day Friday and Saturday. Decision: The Chair delayed the start time scheduled for this hearing in order to allow sufficient time for the applicant’s attendance. The Sub-Committee noted the failure of the applicant and/or his representatives to attend the hearing. The Chair welcomed the objectors and their representatives to the meeting and after general introductions explained the procedure that would be followed during the hearing.
Applicant
Members noted that the applicant and/or his representatives had failed to attend the hearing.
Licensing Authority
Ms Susan Figuiredo, Health Safety & Licensing introduced the matter and drew the Sub-Committee’s attention to the applicant’s request for the grant of a premises licence for the sale of late night refreshments and the provision of some regulated entertainment from 12:00 hours until midnight Sunday to Thursday and until 05:00 hours the following morning Friday and Saturday.
In setting the background to the application, Ms Figuiredo stated that the premises which previously operated as a bar attracted several complaints and eventually became the subject of a review. She continued that following the Sub-Committee’s decision to reduce the hours and introduce additional conditions, the premises closed down. She referred to written representations that had been received from the police (who had given their apologies for absence), the Council’s Safety Surveyors, Environmental Health Officers local residents and their representatives who were in attendance.
Objectors
Mr Gareth Hughes (representative of Mr Gilchrist, an objector).
Mr Hughes started by referring to the statement submitted by the Police which he said put the case clearly against the grant of a premises licence on grounds of the applicant’s failure to promote the licensing objectives of preventing crime and disorder. He pointed out that as the previous premises licence holder surrendered the licence to the Council the applicant had been operating the premises without a premises licence. He also referred to a catalogue of events which his client Mr Gilchrist had compiled over a long period of time which showed the consistent noise nuisance and disturbance generated by the operation of the premises as patrons were entering or leaving the premises. Most residents living close to the premises were therefore unable to enjoy their sleep particularly in the weekend when the operation continued until 05.00 hours the next day.
Mr Hughes continued that the Police were called several times to the premises to deal with disturbances but often got attacked by some of the customers. The Noise Patrol Team were also called several times to the premises as were officers from the Environment Health Unit some of whom were attacked during some of their inspection visits. He produced a copy of a flyer that advertised an event on 26 September 2009 and raised major concerns about the premises for the residents. Mr Hughes urged the Sub-Committee to refuse the application for a premises licence for the reasons outlined above.
Mr Brian Cleaver
Mr Cleaver a local resident informed the Sub-Committee that he had often observed a large group of people going into and out of the premises and causing ... view the full decision text for item 2. Minutes: The Chair delayed the start time scheduled for this hearing in order to allow sufficient time for the applicant’s attendance. The Sub-Committee noted the failure of the applicant and/or his representatives to attend the hearing. The Chair welcomed the objectors and their representatives to the meeting and after general introductions explained the procedure that would be followed during the hearing.
Applicant
Members noted that the applicant and/or his representatives had failed to attend the hearing.
Licensing Authority
Ms Susan Figuiredo, Health Safety & Licensing introduced the matter and drew the Sub-Committee’s attention to the applicant’s request for the grant of a premises licence for the sale of late night refreshments and the provision of some regulated entertainment from 12:00 hours until midnight Sunday to Thursday and until 05:00 hours the following morning Friday and Saturday.
In setting the background to the application, Ms Figuiredo stated that the premises which previously operated as a bar attracted several complaints and eventually became the subject of a review. She continued that following the Sub-Committee’s decision to reduce the hours and introduce additional conditions, the premises closed down. She referred to written representations that had been received from the police (who had given their apologies for absence), the Council’s Safety Surveyors, Environmental Health Officers local residents and their representatives who were in attendance.
Objectors
Mr Gareth Hughes (representative of Mr Gilchrist, an objector).
Mr Hughes started by referring to the statement submitted by the Police which he said put the case clearly against the grant of a premises licence on grounds of the applicant’s failure to promote the licensing objectives of preventing crime and disorder. He pointed out that as the previous premises licence holder surrendered the licence to the Council the applicant had been operating the premises without a premises licence. He also referred to a catalogue of events which his client Mr Gilchrist had compiled over a long period of time which showed the consistent noise nuisance and disturbance generated by the operation of the premises as patrons were entering or leaving the premises. Most residents living close to the premises were therefore unable to enjoy their sleep particularly in the weekend when the operation continued until 05.00 hours the next day.
Mr Hughes continued that the Police were called several times to the premises to deal with disturbances but often got attacked by some of the customers. The Noise Patrol Team were also called several times to the premises as were officers from the Environment Health Unit some of whom were attacked during some of their inspection visits. He produced a copy of a flyer that advertised an event on 26 September 2009 and raised major concerns about the premises for the residents. Mr Hughes urged the Sub-Committee to refuse the application for a premises licence for the reasons outlined above.
Mr Brian Cleaver
Mr Cleaver a local resident informed the Sub-Committee that he had often observed a large group of people going into and out of the premises and causing ... view the full minutes text for item 2. |
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Application by Carla Alelia Da Silva Conceicao for a Premises Licence for 'Oforcado0 (31A Station Road, London, NW10 4UP) pursuant to the Licensing Act 2003 The application is for a premises licence for the sale of alcohol and to remain open from 08.00 until 23.00 Monday to Sunday and to provide regulated entertainment from 10.00 until 23.00 Monday to Sunday. Decision: The Chair welcomed the applicant and the objectors to the meeting and after general introductions explained the procedure that would be followed during the hearing.
Applicant
Jose Manuel Rocha
Licensing Authority
Ms Susan Figuiredo, Health Safety & Licensing introduced the matter and stated that the application was for the grant of a premises licence for regulated entertainment from 10:00 hours until 23:00 hours, the sale of alcohol and opening hours from 08:00 hours until 23:00 daily. She continued that representations had been received from residents and the Police adding that the Police had since withdrawn their objections subject to conditions as set out in their letter dated 30 October 2009 and annexed to the report.
Objectors
Mr Peter Turner
Mr Turner a resident of the upper floor flat raised objections to the grant of a premises licence on the grounds that the area already had a number of similar establishments including night clubs. In addition to noise and disturbance from loud music and patrons until 03:00 hours the following morning, some of the clients of the night clubs were engaging in unhygienic practices to the detriment of residential amenities. Mr Turner added that to his knowledge, the use class of the premises was for A1 (shop) and that he was not aware that the use class had changed to A3 (restaurant). He expressed fears that if the application for a premises licence was granted there would be crowds spilling out on to the pavement, giving rise to increased unauthorised use of his recessed doorway at street level as a smoking area and increasing noise disturbances.
Applicant
Mrs Manuel Rocha speaking on behalf of her husband, the applicant stated that the application was for a small friendly cafe selling sandwiches and alcohol (wines and beers). She added that since commencement there had been no complaints from the Authorities and that the Police had withdrawn their objections subject to conditions which the applicant had indicated to agree. She clarified that the operation would not be a public house (pub) or a disco and that the fears expressed by the objector were unfounded.
In response to an enquiry from Councillor Farrell about the likely level of drunkenness the applicant stated that the operation would involve the sale of salads and tapas which were normally served with wine or beer in small quantities. Councillor Gupta sought guidance from the Environmental Health Officers on whether the smell of food into the objector’s flat needed addressing and after confirmation he asked the applicant how he proposed to deal with that. The applicant confirmed that he would install an extractor fan to the required standard to address that problem. He reiterated that he would be agreeable to all the conditions sought by the Police and that background music from a radio and not amplified music would be played.
At this point the applicant and the objectors were asked to leave the meeting room to enable the Sub-Committee to discuss the relevant issues of the application.
Having considered ... view the full decision text for item 3. Minutes: The Chair welcomed the applicant and the objectors to the meeting and after general introductions explained the procedure that would be followed during the hearing.
Applicant
Jose Manuel Rocha
Licensing Authority
Ms Susan Figuiredo, Health Safety & Licensing introduced the matter and stated that the application was for the grant of a premises licence for regulated entertainment from 10:00 hours until 23:00 hours, the sale of alcohol and opening hours from 08:00 hours until 23:00 daily. She continued that representations had been received from residents and the Police adding that the Police had since withdrawn their objections subject to conditions as set out in their letter dated 30 October 2009 and annexed to the report.
Objectors
Mr Peter Turner
Mr Turner a resident of the upper floor flat raised objections to the grant of a premises licence on the grounds that the area already had a number of similar establishments including night clubs. In addition to noise and disturbance from loud music and patrons until 03:00 hours the following morning, some of the clients of the night clubs were engaging in unhygienic practices to the detriment of residential amenities. Mr Turner added that to his knowledge, the use class of the premises was for A1 (shop) and that he was not aware that the use class had changed to A3 (restaurant). He expressed fears that if the application for a premises licence was granted there would be crowds spilling out on to the pavement, giving rise to increased unauthorised use of his recessed doorway at street level as a smoking area and increasing noise disturbances.
Applicant
Mrs Manuel Rocha speaking on behalf of her husband, the applicant stated that the application was for a small friendly cafe selling sandwiches and alcohol (wines and beers). She added that since commencement there had been no complaints from the Authorities and that the Police had withdrawn their objections subject to conditions which the applicant had indicated to agree. She clarified that the operation would not be a public house (pub) or a disco and that the fears expressed by the objector were unfounded.
In response to an enquiry from Councillor Farrell about the likely level of drunkenness the applicant stated that the operation would involve the sale of salads and tapas which were normally served with wine or beer in small quantities. Councillor Gupta sought guidance from the Environmental Health Officers on whether the smell of food into the objector’s flat needed addressing and after confirmation he asked the applicant how he proposed to deal with that. The applicant confirmed that he would install an extractor fan to the required standard to address that problem. He reiterated that he would be agreeable to all the conditions sought by the Police and that background music from a radio and not amplified music would be played.
At this point the applicant and the objectors were asked to leave the meeting room to enable the Sub-Committee to discuss the relevant issues of the application.
Having considered ... view the full minutes text for item 3. |
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Application by John Emeh for a Premises Licence for (58 Willesden Lane, London, NW6 7SX) pursuant to the Licensing Act 2003 The application is for a premises licence to provide late night refreshments from 23.00 until 03.00 the following day Monday to Wednesday until 05.00 the following day Thursday to Sunday. The opening hours applied for are from 11.00 to 03.30 the following day Monday to Wednesday and until 05.00 the following day Thursday to Sunday. Decision: The Chair welcomed the applicant to the meeting and after general introductions explained the procedure that would be followed during the hearing. The Sub-Committee noted that the objectors to this application were not present and that the police, having given their apologies for absence, had submitted a written statement for consideration.
Applicant
Mr John Emeh
Licensing Authority
Ms Susan Figuiredo, Health Safety & Licensing introduced the matter and stated that the application was for the grant of a premises licence for the provision of late night refreshments from 23:00 hours until 03:00 hours Monday to Wednesday the following morning and until 05:00 hours Thursday to Sunday the following morning. The opening hours were for 11:00 hours to 03:00 hours Monday to Wednesday the following morning and until 05:00 hours Thursday to Sunday the following morning.
She continued that representations were received from local residents and the Police. The residents raised concerns about noise nuisance from late night customers and proposed extractor fan to the rear of the property, loss of privacy and loss of security. The Police had re-confirmed their objections adding that if the Sub-Committee was minded to agree the application then their conditions as set out in the report be added to the licence. She added that the Police considered the hours of opening to be excessive in an area that was largely residential and with that in view, had recommended a revised closing time of 01:00 hours on week days and 02:30 hours on weekends.
Applicant
Mr John Emeh described the proposal and clarified that the premises had been configured to ensure that the 3 rooms available would be used as serving area, kitchen area and storage area with a closed circuit television operating in the entire premises. He added that no alcohol or tobacco would be sold or consumed on the premises and that there would be no amplified music. He continued that the atmosphere would be friendly, peaceful and that a healthy relationship with the Police would be maintained. He informed the Sub-Committee that majority of the local residents and businesses welcomed his application adding that there were several other premises in the vicinity with late night licences.
Having read the submission from the Police the applicant expressed his agreement except for the times recommended by the Police insisting that he needed to operate until 05:00 hours. In respect of the concern expressed by the Police on the cost of security provision to the applicant, Mr Emeh stated that as a family member was a registered security officer, provision of door security would not be a financial burden to his operation. Mr Emeh also confirmed that he had been granted planning permission for the erection of the extractor which had been installed inside the premises in accordance with the planning conditions. In response to a question from the legal representative on noise to the residents, Mr Emeh stated that most of the residents supported his application which was situated in an area that was mainly ... view the full decision text for item 4. Minutes: The Chair welcomed the applicant to the meeting and after general introductions explained the procedure that would be followed during the hearing. The Sub-Committee noted that the objectors to this application were not present and that the police, having given their apologies for absence, had submitted a written statement for consideration.
Applicant
Mr John Emeh
Licensing Authority
Ms Susan Figuiredo, Health Safety & Licensing introduced the matter and stated that the application was for the grant of a premises licence for the provision of late night refreshments from 23:00 hours until 03:00 hours Monday to Wednesday the following morning and until 05:00 hours Thursday to Sunday the following morning. The opening hours were for 11:00 hours to 03:00 hours Monday to Wednesday the following morning and until 05:00 hours Thursday to Sunday the following morning.
She continued that representations were received from local residents and the Police. The residents raised concerns about noise nuisance from late night customers and proposed extractor fan to the rear of the property, loss of privacy and loss of security. The Police had re-confirmed their objections adding that if the Sub-Committee was minded to agree the application then their conditions as set out in the report be added to the licence. She added that the Police considered the hours of opening to be excessive in an area that was largely residential and with that in view, had recommended a revised closing time of 01:00 hours on week days and 02:30 hours on weekends.
Applicant
Mr John Emeh described the proposal and clarified that the premises had been configured to ensure that the 3 rooms available would be used as serving area, kitchen area and storage area with a closed circuit television operating in the entire premises. He added that no alcohol or tobacco would be sold or consumed on the premises and that there would be no amplified music. He continued that the atmosphere would be friendly, peaceful and that a healthy relationship with the Police would be maintained. He informed the Sub-Committee that majority of the local residents and businesses welcomed his application adding that there were several other premises in the vicinity with late night licences.
Having read the submission from the Police the applicant expressed his agreement except for the times recommended by the Police insisting that he needed to operate until 05:00 hours. In respect of the concern expressed by the Police on the cost of security provision to the applicant, Mr Emeh stated that as a family member was a registered security officer, provision of door security would not be a financial burden to his operation. Mr Emeh also confirmed that he had been granted planning permission for the erection of the extractor which had been installed inside the premises in accordance with the planning conditions. In response to a question from the legal representative on noise to the residents, Mr Emeh stated that most of the residents supported his application which was situated in an area that was mainly ... view the full minutes text for item 4. |
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Application by Hell Yes Ltd for a Premises Licence for (8 Station Terrace, Kensal Rise, London, NW10 5RT) pursuant to the Licensing Act 2003 The application is for a Premises Licence for the sale of alcohol from 11.00 until 23.00 Monday to Saturday and from 12.00 until 22.30 Sunday. Decision: The Chair welcomed the applicant to the meeting and after general introductions explained the procedure that would be followed during the hearing. The Sub-Committee noted that the objectors to this application were not present and that the police had indicated to withdraw their objections subject to the applicant agreeing to their conditions in full.
Applicant’s agent
Mr Brian Jamieson
Licensing Authority
Ms Susan Figuiredo, Health Safety & Licensing introduced the matter and stated that the application was for the grant of a premises licence for the sale of alcohol from 11:00 hours until 23:00 hours Monday to Saturday and until 22:30 hours on Sunday. She drew members’ attention to objections raised by some residents, Public Safety Team and the police which were annexed to the main report. She added that the Police and the Public Safety Team had indicated the withdrawal of their objections subject to the applicant agreeing to their conditions and confirming their acceptance in writing.
Mr Brian Jamieson the applicant’s started by reiterating that both the Police and Public Safety Team had indicated to withdraw their objections subject to the applicant agreeing to their conditions. He confirmed that the applicant had accepted the conditions in full as imposed by the Police and the Public Safety Team. In reference to the objections raised by residents he stated that the premises would not be used as a bar and that amplified music would not be played on the premises. In reference to the objections raised by residents, Mr Jamieson stated that the operation would not involve the use of the garden so as to prevent interference with the objector’s use of the garden. He continued that the issue about smoking had been grossly exaggerated by the objector. Mr Jamieson confirmed that the capacity limit would be set for 50 persons and that the sound proofing above the level required had been installed.
At this point the applicant and his agent were asked to leave the meeting room to enable the Sub-Committee to discuss the relevant issues of the application.
Having considered the submissions and representations made by the applicant and the objectors, the Sub-Committee determined;
That the application by Hell Yes Ltd for the grant of a premises licence for the sale of alcohol from 11:00 hours until 23:00 hours Monday to Saturday and from 12:00 hours until 22:30 hours on Sunday be granted subject to conditions as agreed with the Police i.e.;
a. Open glass containers shall not be permitted outside the premises b. Installation of CCTV to Home Office Guidance standards c. Adoption and adherence of a “Challenge 21” policy d. Maintenance of a refusal book and an incident book which shall be made available to the Police and Licensing Authority e. Total capacity limits including staff and performers shall not exceed 50 f. Secure facility to store controlled drugs and weapons prior to collection as set out in the representation from the Public Safety Team.
In arriving at its decision, the Sub-Committee noted the acceptance in ... view the full decision text for item 5. Minutes: The Chair welcomed the applicant to the meeting and after general introductions explained the procedure that would be followed during the hearing. The Sub-Committee noted that the objectors to this application were not present and that the police had indicated to withdraw their objections subject to the applicant agreeing to their conditions in full.
Applicant’s agent
Mr Brian Jamieson
Licensing Authority
Ms Susan Figuiredo, Health Safety & Licensing introduced the matter and stated that the application was for the grant of a premises licence for the sale of alcohol from 11:00 hours until 23:00 hours Monday to Saturday and until 22:30 hours on Sunday. She drew members’ attention to objections raised by some residents, Public Safety Team and the police which were annexed to the main report. She added that the Police and the Public Safety Team had indicated the withdrawal of their objections subject to the applicant agreeing to their conditions and confirming their acceptance in writing.
Mr Brian Jamieson the applicant’s started by reiterating that both the Police and Public Safety Team had indicated to withdraw their objections subject to the applicant agreeing to their conditions. He confirmed that the applicant had accepted the conditions in full as imposed by the Police and the Public Safety Team. In reference to the objections raised by residents he stated that the premises would not be used as a bar and that amplified music would not be played on the premises. In reference to the objections raised by residents, Mr Jamieson stated that the operation would not involve the use of the garden so as to prevent interference with the objector’s use of the garden. He continued that the issue about smoking had been grossly exaggerated by the objector. Mr Jamieson confirmed that the capacity limit would be set for 50 persons and that the sound proofing above the level required had been installed.
At this point the applicant and his agent were asked to leave the meeting room to enable the Sub-Committee to discuss the relevant issues of the application.
Having considered the submissions and representations made by the applicant and the objectors, the Sub-Committee determined;
That the application by Hell Yes Ltd for the grant of a premises licence for the sale of alcohol from 11:00 hours until 23:00 hours Monday to Saturday and from 12:00 hours until 22:30 hours on Sunday be granted subject to conditions as agreed with the Police i.e.;
a. Open glass containers shall not be permitted outside the premises b. Installation of CCTV to Home Office Guidance standards c. Adoption and adherence of a “Challenge 21” policy d. Maintenance of a refusal book and an incident book which shall be made available to the Police and Licensing Authority e. Total capacity limits including staff and performers shall not exceed 50 f. Secure facility to store controlled drugs and weapons prior to collection as set out in the representation from the Public Safety Team.
In arriving at its decision, the Sub-Committee noted the acceptance in ... view the full minutes text for item 5. |