Agenda, decisions and minutes
Venue: Meeting Room 1, Ground Floor - Brent Civic Centre, Engineers Way, Wembley, HA9 0FJ
Contact: Lisa Weaver, Democratic Services Officer 020 8937 1358, Email: lisa.weaver@brent.gov.uk
No. | Item |
---|---|
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 declared. |
|
Additional documents: Decision: That the application by Mr Christian Masters for a personal licence pursuant to the provisions of the Licensing Act 2003 be refused. The applicant has an unspent conviction against him of a relevant offence under Schedule 4 of the Licensing Act 2003. The Sub-Committee therefore has a duty to consider the application on its individual merits. The Police raised objection to the grant of the application on the basis that it would undermine the promotion of the licensing objectives (Prevention of Crime and Disorder, Protection of Children from Harm, Public Safety, Public Nuisance). The applicant failed to submit any “exceptional or compelling reasons” which would justify the granting of such an application and taking all relevant circumstances into account the Licensing Sub-Committee felt it was justified in refusing the application. Minutes: The Senior Regulatory Services Manager informed the Sub Committee that an application for a personal licence for Christian Masters was received 18 April 2013 and a representation was subsequently received from the Metropolitan Police.
Nick Mortimer (Metropolitan Police) informed the Sub Committee that a relevant offence of driving whilst under the influence of alcohol was still unspent and would not be considered spent until May 2015. He noted that a 16 month ban and fine were issued and felt that the applicant was not a fit and proper person to hold a personal licence.
RESOLVED:
That the application by Mr Christian Masters for a personal licence pursuant to the provisions of the Licensing Act 2003 be refused. The applicant has an unspent conviction against him of a relevant offence under Schedule 4 of the Licensing Act 2003. The Sub-Committee therefore has a duty to consider the application on its individual merits. The Police raised objection to the grant of the application on the basis that it would undermine the promotion of the licensing objectives (Prevention of Crime and Disorder, Protection of Children from Harm, Public Safety, Public Nuisance). The applicant failed to submit any “exceptional or compelling reasons” which would justify the granting of such an application and taking all relevant circumstances into account the Licensing Sub-Committee felt it was justified in refusing the application. |
|
Additional documents: Decision: That the application by Mr Gareth Paul Underhill for a personal licence pursuant to the provisions of the Licensing Act 2003 be adjourned.
The Alcohol and Entertainment Licensing Sub-Committee (B) felt that in the absence of the applicant, the application should be adjourned having exercised its discretion under paragraph 20 of the Licensing Act 2003 (Hearings) Regulations 2005 to allow the applicant to respond to the concerns raised in the written representations. However, the Sub-Committee also stated that the applicant should be advised that should he fail to attend a future hearing for whatever reason, then the application may be considered in his absence. Minutes: RESOLVED:
That the application by Mr Gareth Paul Underhill for a personal licence pursuant to the provisions of the Licensing Act 2003 be adjourned.
The Alcohol and Entertainment Licensing Sub-Committee (B) felt that in the absence of the applicant, the application should be adjourned having exercised its discretion under paragraph 20 of the Licensing Act 2003 (Hearings) Regulations 2005 to allow the applicant to respond to the concerns raised in the written representations. However, the Sub-Committee also stated that the applicant should be advised that should he fail to attend a future hearing for whatever reason, then the application may be considered in his absence. |
|
Additional documents:
Decision: The Sub-Committee was informed that all relevant representations had been withdrawn and that the application by Kilburn Cosmos for a new premises licence for Gladstone Park Community Centre (Anson Road London NW2 6BH) pursuant to the provisions of the Licensing Act 2003 be deemed granted. Minutes: The Senior Regulatory Services Manager informed the Sub Committee that an application by Kilburn Cosmos for a new premises licence for Gladstone Park Community Centre (Anson Road London NW2 6BH) was received and relevant objections had been received from local residents including a local nursery and a petition. It was clarified that the objection raised by the local nursery had been withdrawn following the applicant agreeing to the hours requested by the nursery. The Legal Advisor highlighted that the petition should not be considered as a relevant representation as it did not identify any objections in line with the promotion of the four licensing objectives.
RESOLVED:
The Sub-Committee was informed that all relevant representations had been withdrawn that the application by Kilburn Cosmos for a new premises licence for Gladstone Park Community Centre (Anson Road London NW2 6BH) pursuant to the provisions of the Licensing Act 2003 be deemed granted. |
|
Additional documents:
Decision: That the application by Babylon Palace Ltd for a variation of premises licence for Babylon Palace Ltd (89 Kenton Road Harrow HA3 0AN) pursuant to the provisions of the Licensing Act 2003 Road be approved in accordance with all previously agreed conditions with amendments to the hours as follows and the following additional conditions to ensure the promotion of the licensing objectives particularly prevention of public nuisance and protection of public safety.
1. All licensable activity Monday to Sunday to cease at 2am, which is 30 minutes before closing. 2. That a scaled plan be submitted highlighting the shisha area separately from the restaurant area of the premises so that the total number of persons in the shisha lounge can be set by the Council’s public safety team and allocated accordingly. Minutes: The Senior Regulatory Services Officer informed the Sub Committee that an application by Babylon Palace Ltd for a variation of premises licence for Babylon Palace Ltd (89 Kenton Road Harrow HA3 0AN) had been received with relevant representations submitted by the Metropolitan Police, Trading Standards and Environmental Health. Subsequently representations from Environmental Health and Trading Standards had been withdrawn after reaching an agreement with the applicant over reduced hours and no amplified music to be played in external areas of the premises.
The Senior Regulatory Services Manager circulated a copy of the agreed conditions with Environmental Health and Trading Standards and the Sub Committee was briefly adjourned to enable all parties to view the agreed conditions.
The applicant was invited to make his representation and highlighted the following points: · The business was busy late in the evening and he wished to capture a greater trade · Due to an error he was previously operating later and wished to have similar hours again · He did not intend to operate until 4am everyday but wished to have the flexibility to do so · He had worked with departments and agreed conditions with environmental health and trading standards · He currently operated in a way that meant complaints were not received and wold continue to do so
The following points were clarified following questions of the applicant: · Shisha was the main source of income for the business and was carried out at the front of the premises with a complaint smoking shelter · The applicant informed residents of any large parties that were due to take place at the premises · Beverages were not allowed outside after 11pm in accordance with the licence and many customers would smoke shisha without drinking · Lebanese food was served in the restaurant area and the shisha area although the shisha lounge provided approximately 80% of income · Most customers arrived between 7.00pm and 10.30pm with the last re-entry being 11.30pm · The applicant reported 30-50 customers could be in the shisha lounge at any one time depending on peaks in demand and was at least 25% of the premises, allowing space for large volumes of custom · The applicant did not operate other forms of entertainment although permissible on the licence, he confirmed that this was part of the licence when transferred · There was a variety of clientele however the applicant tended to refuse custom to groups of young persons and preferred to have a calmer crowd · Enforcement action had previously taken place at the premises due to incorrect signage on shisha pipes which had subsequently been amended with staff being made fully aware of legislation · The applicant had been advised to get the variation approved prior to apply for a change in planning conditions · Door supervisors were required if selling alcohol after midnight although this rarely happened
The Police informed the Sub Committee that the licence had never permitted the sale of alcohol until 3.30am following the initial transfer of the licence. It was also highlighted that whilst the applicant was away, noise nuisance ... view the full minutes text for item 5. |
|
Additional documents:
Decision: That the application by MacNeil Ltd for a variation of premises licence for Honeypot Public House, (Honeypot Lane Stanmore HA7 1EF) pursuant to the provisions of the Licensing Act 2003 be agreed subject to the following conditions:
1. Drinking Up Time
2. That conditions three, six and seven are removed from the current premises licence
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 authorised Officers from Brent Council.
4. CCTV cameras shall be installed to cover the public entrances of the premises and external areas.
5. Door supervisors shall wear high visibility clothing that can be clearly and easily identified on CCTV.
6. Customers will not take open drink containers outside the premises as defined on the plan submitted to and approved by the Licensing Authority.
7. Customers carrying open or sealed bottles or glasses shall not be admitted to the premises.
8. A “Challenge 21” policy shall be adopted and adhered to.
9. A sign stating “No proof of age – No sale” shall be displayed at the point of sale.
10. An incident log shall be kept at the premises, and made available for inspection on request to an authorised officer of Brent Council or the Police, which will record the following: (a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received (d) any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system or searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
11. No alcohol shall be available for any customer when the premises are open primarily for use by persons under the age of 18.
12. A suitable intruder alarm complete with panic button shall be fitted and maintained.
13. No persons under the age of 18 shall be permitted in the shisha area at anytime.
Minutes: The Senior Regulatory Services Manager informed the Sub Committee that the application by MacNeil Ltd for a variation of premises licence for Honeypot Public House, (Honeypot Lane Stanmore HA7 1EF) was submitted to increase capacity, and extend the hours for the supply of alcohol.
The Metropolitan Police were invited to make their representation. IT was explained that they had no objection to the application in principle but wished to bring conditions in line with current practices. Changes to conditions had been discussed and agreed with the applicant as follows:
1. Drinking Up Time
2. That conditions three, six and seven are removed from the current premises licence
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 authorised Officers from Brent Council.
4. CCTV cameras shall be installed to cover the public entrances of the premises and external areas.
5. Door supervisors shall wear high visibility clothing that can be clearly and easily identified on CCTV.
6. Customers will not take open drink containers outside the premises as defined on the plan submitted to and approved by the Licensing Authority.
7. Customers carrying open or sealed bottles or glasses shall not be admitted to the premises.
8. A “Challenge 21” policy shall be adopted and adhered to.
9. A sign stating “No proof of age – No sale” shall be displayed at the point of sale.
10. An incident log shall be kept at the premises, and made available for inspection on request to an authorised officer of Brent Council or the Police, which will record the following: (a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received (d) any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system or searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
11. No alcohol shall be available for any customer when the premises are open primarily for use by persons under the age of 18.
12. A suitable intruder alarm complete with panic button shall be fitted and maintained.
13. No persons under the age of 18 shall be permitted in the shisha area at anytime.
Following queries from the Sub Committee it was confirmed that the smoking area was compliant with regulations and the restaurant had recently been refurbished with a new toilet block allowing an increased capacity for the premises. The applicant explained that the bar in the shisha area also served alcohol as well as shisha.
RESOLVED:
That the application by MacNeil Ltd for a variation ... view the full minutes text for item 6. |
|
Additional documents:
Decision: The Sub-Committee was informed that all relevant representations had been withdrawn and accordingly this matter did not need to be considered. Minutes: RESOLVED:
The Sub-Committee was informed that all relevant representations had been withdrawn and accordingly this matter did not need to be considered. |
|
Additional documents: Decision: The Sub-Committee was informed that all relevant representations had been withdrawn and accordingly this matter did not need to be considered. Minutes: RESOLVED:
The Sub-Committee was informed that all relevant representations had been withdrawn and accordingly this matter did not need to be considered. |