Agenda, decisions and minutes
Venue: Committee Room 3, Brent Town Hall, Forty Lane, Wembley, HA9 9HD. View directions
Contact: Joe Kwateng, Democratic Services Officer Email: joe.kwateng@brent.gov.uk, 020 8937 1354
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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 the agenda. Decision: None at this meeting. Minutes: None at this meeting. |
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Application by the Metropolitan Police for a review of the premises licence for 'The Plough' (253 Ealing Road, Wembley, HA0 1ET) pursuant to the provisions of the Licensing Act 2003 The application is for the review of a premises licence held by Greene King Retailing Limited. An application for review was initially submitted on 24 January 2011. A subsequent application for an expedited review was heard on 21 April 2011 and the original review and the review as a result of the expedited review are both for the sub-committee’s consideration. Decision: That the application by the Metropolitan Police to review the Premises Licence for ‘The Plough’ (253 Ealing Road, Wembley, HA0 1ET) (“the premises”) pursuant to the provisions of the Licensing Act 2003 be agreed to continue in force subject to amendments to the premises licence and conditions as follows:-
1) The hours for licensable activities to be reduced to 10:00 to midnight Sunday to Thursday and 10:00 to 01:00 Friday, Saturday and Bank Holiday Sundays.
2) The opening hours of the Premises to be reduced to 07:00 to 00:30 Sunday to Thursday and 07:00 to 01:30 Friday, Saturday and Bank Holiday Sundays.
3) Door supervisors of a sufficient number and gender mix, shall be employed from 21:00 on any day when the Premises are open for the sale of alcohol past midnight.
4) A register/log containing the names, badge number, dates & times of duty of security staff and any incidents that occur shall be kept and made available to the Police and Licensing Authority, if requested.
5) CCTV shall be installed to Home Office Guidance standards and maintained in a good working condition and recordings shall be kept for 31 days and shall be made available to Police and Licensing Officers if requested.
6) Customers shall not be permitted to take open glass containers outside the Premises as defined on the plan submitted to and approved by the Licensing Sub-Committee on the 24 May 2011 and headed “Location Map”, London Borough of Brent, 100025260, 2010.
7) An Incident Book which shall be kept at the Premises which shall be made available to the Police and Licensing Authority, if requested.
8) The use of the outside drinking areas for the consumption of alcohol shall cease at 23:00.
9) After 23:00 outside areas shall be limited to 15 persons and each area shall be suitably supervised.
10) On major event days at Wembley Stadium the following shall apply:
· Customers shall not be allowed to congregate outside the Premises.
· No glass bottles shall be handed over the bar but decanted into plastic vessels.
· The DPS/ manger shall work in partnership with the Police and if necessary comply with any direction given by a senior Police Officer on duty at the event.
11 Nudity, striptease and other entertainment of an adult nature shall not be permitted on the Premises.
Minutes: Relevant authority making a representation
PC Nicola McDonald (Licensing Officer, Brent Police) Nick Mortimer (Brent Police)
Premises licence holder
Jonathan Smith (premises licence holder’s legal representative) Greene King (premises licence holder) Bob Luke (area manager) attended in support.
Alan Howarth (Licensing Manager, Health Safety and Licensing) introduced the matter and advised that the police had applied for a review of the premises licence on the grounds of prevention of crime and disorder. Members noted that the premises had been subject to an earlier expedited review which had resulted in a suspension of the licence until the outcome of this full hearing.
Relevant authority making a representation
Nick Mortimer (Licensing Officer, Brent Police) advised that following the outcome of the expedited review, a new set of conditions had been agreed with the premises licence holder. In the view of the police, the agreed conditions would overcome the problems with crime and prevention of crime, reasons that led to the expedited hearing and the closure of the premises.
Case for the premises licence holder
Jonathan Smith (premises licence holder’s legal representative) informed Members that since the expedited review hearing Greene King, (premises licence holder) had instructed Mr Jacek Kozminski (the tenant) not to re-open the premises and that failure to do so could result in forfeiture proceedings against him. Since the tenant had opened the premises contrary to the instructions, the premises licence holder had served an S.146 Notice under the law of Property Act 1925 for various breaches of his lease covenants. A hearing for the possession of the premises was to be heard at Willesden County Court on 20 June 2011. The successful outcome of the pending forfeiture action would effectively terminate Mr Kozminski’s tenancy at ‘The Plough’.
Jonathan Smith continued that a new tenant (Sean Flynn) had been identified for the premises and a designated premises supervisor would be put in place. He added that ‘The Plough’ would be totally re-furbished within 6 weeks to give it a new lease of life. In tabling a set of conditions that had been agreed with the Police, Jonathan Smith drew members’ attention to an amendment in condition 6 (location map) and added that the measures that were being put in place together with the conditions would enable the licensing objectives of preventing crime and disorder to be satisfied.
Decision
At this point, the premises licence holder, his representatives and the responsible authority were asked to leave the room to allow the Sub-Committee to discuss the relevant issues of the application in closed session.
Having considered the application by the Metropolitan Police to Review the Premises Licence for ‘The Plough (253 Ealing Road, Wembley, HA0 1ET)) (“the premises”) pursuant to the provisions of the Licensing Act 2003 the Sub-Committee resolved that the premises licence continue in force subject to amendments to the premises licence and conditions as follows:-
1) The hours for licensable activities to be reduced to 10:00 to midnight Sunday to Thursday and 10:00 to 01:00 Friday, Saturday and Bank ... view the full minutes text for item 2. |
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Application by the Metropolitan Police to review the premises licence for 'JJ Food & Wine' (4 Park Parade, Harlesden, London, NW10 4JH) pursuant to the provisions of the Licensing Act 2003 Decision: That the application by the Metropolitan Police to review the Premises Licence for ‘JJ Food & Wine’ (4 Park Parade, Harlesden, London, NW10 4JH) (“the premises”) pursuant to the provisions of the Licensing Act 2003 be deferred at the request of the applicant to the next suitable hearing date.
Minutes: Relevant authority making a representation
PC Nicola McDonald (Licensing Officer, Brent Police) Nick Mortimer (Brent Police)
Premises licence holder
Jeffrey Israel (premises licence holder’s legal representative) MariyathasJeyaraja (premises licence holder, also designated premises supervisor) and Joshua Simmons attended in support.
Alan Howarth (Licensing Manager, Health Safety and Licensing) introduced the matter and advised that the police had applied for a review of the premises licence on the grounds of prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm. He drew members’ attention to the evidence submitted by the Police in support of the review as set out in the report before the Sub-Committee.
Prior to the relevant authority’s representation, Jeffrey Israel the premises licence holder’s legal representative stated that he had just been informed that the police were seeking a revocation of the premises licence rather than a review. Mr Israel he had not been instructed to prepare against a revocation, so he requested a deferral of the review hearing on that basis.
Relevant authority making a representation
PC Nicola McDonald (Licensing Officer, Brent Police) informed the Sub-Committee that the shop had operated with a severe lack of staff training and supervision from the premises licence holder who was also the designated premises supervisor. She continued that the shop was selling cheap high strength alcohol to drunk persons who went on to cause anti social behaviour in the area. PC McDonald concluded that in her view there was no merit in deferring the hearing.
Decision
At this point, the premises licence holder, his representatives and the responsible authority were asked to leave the room to allow the Sub-Committee to discuss the relevant issues in closed session.
Having considered the application by the Metropolitan Police to review the Premises Licence for ‘JJ Food & Wine’ (4 Park Parade, Harlesden, London, NW10 4JH) (“the premises”) pursuant to the provisions of the Licensing Act 2003 the Sub-Committee resolved that in the interest of natural justice and fairness, the application be deferred at the request of the applicant to the next suitable hearing date.
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Application by Brent Police to review the premises licence for 'Boozewell' (383 Church Lane, Kingsbury, London, NW9 8JB) pursuant to the provisions of the Licensing Act 2003 Decision: That the application by Brent Metropolitan Police to Review the Premises Licence for ‘Boozewell’ (383 Church Lane, Kingsbury, London NW9 8JB) (“the premises”) pursuant to the provisions of the Licensing Act 2003 be agreed to continue in force subject to amendments to the premises licence and conditions as follows:-
1) Mr Punit Shah, being the son of Mr Mahesh Hamraj Shah the Designated Premises Supervisor (DPS) be specifically excluded from the premises area.
2) A Personal Licence Holder (PLH) fluent in English language shall be present at the premises and supervise the sale of alcohol throughout the licensable hours of the premises for the sale of alcohol.
3) CCTV shall be installed to Home Office Guidance standards and maintained in a good working condition and recordings shall be kept for 31 days and shall be made available to Police and Licensing Officers if requested.
4) For the avoidance of doubt, the CCTV cameras shall be positioned in the following areas;
· Entrance area · Till area · Entrance to store room.
Minutes: Relevant authority making a representation
PC Nicola McDonald (Licensing Officer, Brent Police) Nick Mortimer (Brent Police)
Premises licence holder
Mark Agombar (premises licence holder’s legal representative) Mahesh Hamraj Shah (premises licence holder and designated premises supervisor)
Alan Howarth (Licensing Manager, Health Safety and Licensing) introduced the matter and advised that the police had applied for a review of the premises licence on the grounds of prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm. He drew members’ attention to the evidence submitted by the Police in support of the review as set out in the report before the Sub-Committee which included the following; the use of the licensed premises for criminal activity, namely the storage and sales of illegal drugs; poor management and unsatisfactory supervision which had impacted on the licensing objectives.
Relevant authority making a representation
PC Nicola McDonald (Licensing Officer, Brent Police) informed the Sub-Committee that the licensed premises had been used for criminal activity namely to store and sell illegal drugs, cannabis resin. She continued that on 16 June 2010 Brent Police Officers executed a search warrant issued under Section 23 of the Misuse of Drugs Act 1971 at the licensed premises and the residential flat above the shop. Mr Punit Shah, being the son of the DPS was detained behind the counter working in the shop and when searched, officers found £150 cash in his trouser pocket and a large quantity of herbal cannabis resin in foil wraps in the rear store room of the licensed premises. Officers also searched Punit’s bedroom and found three large bags of herbal cannabis, more small wraps of cannabis resin and £15,795 cash. Punit Shah was bailed to appear at Wembley Police Station on 17 November 2010. PC McDonald emphasised that Mr Shah the DPS was present at the premises during the execution of the search warrant and was aware of the drugs seized.
PC McDonald informed members that on 12 November 2010, 5 days prior to his bail return, further evidence received by Brent Police executed a second warrant which resulted in a sum of £400 found in his trouser pocket, a large block of cannabis resin, thirty wraps of cannabis resin and £3,000 cash. Again Mr Shah the DPS was present at the licensed premises during the execution of the warrant.
The Sub-Committee was also informed that on 28 January 2011 Brent Police executed a third warrant at the licensed premises during which Punit and his brother Rishi were working in the shop. It was reported that officers found several clear plastic bags of cannabis resin in a disused refrigerator on the premises and more cannabis in the shower room adjoining Punit and Rishi’s bedroom.
PC McDonald continued that Mr Shah (DPS) had never contacted Brent Police to discuss any issues and pressures from his son Punit and in fact continued to allow Punit to work in the shop with little or no supervision knowing the seriousness of the allegations. ... view the full minutes text for item 4. |
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Application by Shahpoor Bazmangal to vary the premises licence for 'Bridge Grocery Ltd' (126 Acton Lane, London, NW10 8TX) pursuant to the provisions of the Licensing Act 2003 Decision: The Sub-Committee was informed that the application had been withdrawn before the meeting and accordingly the matter did not need to be considered.
Minutes: The Sub-Committee was informed that the application had been withdrawn before the meeting and accordingly the matter did not need to be considered.
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