Agenda and minutes
Venue: Fourth Floor - Brent Civic Centre, Engineers Way, Wembley, HA9 0FJ
Contact: Joe Kwateng, Democratic Services Officer (020) 8937 1354; Email: joe.kwateng@brent.gov.uk
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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 this agenda. Minutes: None. |
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Additional documents:
Minutes: Responsible Authority Nick Mortimer Brent Licensing Police Paul Whitcomb Brent Licensing Police Michael Sullivan Brent Licensing Police
Applicant Lakbir Singh Premises Licence Holder and DPS Marjit Singh Getenet Akiuk Amera
Decision That the application by Lakhbir Singh T/A Winemart for a variation of condition 8 to enable the sale of high strength beers from 12:00hrs to 01:00hrs Sunday to Thursday and until 03:00hrs Friday & Saturday at Winemart (48 High Road, NW10 2QA), pursuant to the provisions of the Licensing Act 2003 be granted.
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 premises licence holder, under section 34 of the Licensing Act 2003, to vary the premises licence relating to Winemart 48 High Road, Willesden NW10 2Q. The applicant has applied for the removal of condition number eight (8) which reads ‘No high strength beers lagers and ciders above 5.5% ABV shall be stocked with the exception of Guinness Foreign Stout and Dragon Stout’ and that this be reworded to read ‘No high strength beers lagers and ciders above 9% ABV shall be stocked as well as the following brands: Kesteral Super, Skol Super, Tennants Super, Special Brew, K Cider, Strongbow Super, Ace Cider, Okocim Black, Crest Super and Warka Strong.’ Mr Lakhbir Singh is the premises licence holder and the designated premises supervisor (DPS). The premises are currently licensed for the sale of alcohol and to remain open from 12:00hrs to 01:00hrs Sunday to Thursday and until 03:00hrs Friday & Saturday.
The police objected to the application raising concerns about the following licensing objectives: prevention of crime and disorder, public nuisance. The Police stated that street drinking is a major concern in Brent so much so that the entire Borough remains a controlled drinking zone and that street drinking is a trigger for crime, disorder and nuisance in the community. The Police alleged that street drinking in and around the vicinity of the applicant’s premises remains an issue. The Police referred the Sub Committee to several crime reports which included people drinking in the toilets of a betting shop on High Road Willesden and alcohol being seized from street drinkers in and around Willesden High Road. The Police informed the Sub Committee that numerous discarded alcoholic tin cans had been found on the floor of the alleyway between Ellis Close NW10 which is directly in front of the Winemart and Richmond Avenue NW10 and referred to the photographs contained within the document pack. The Police reported that PC McDonald had visited the premises in January 2015 and found staff selling ‘vast amounts’ of high strength alcohol above 5.5%ABV breaching condition 8 of the premises licence. PC McDonald issued Mr Singh with a warning letter. A further Police visit was made to the premises on 24 September 2015 during which they found 19 beers lagers and ciders over 5.5%ABV on sale along with numerous other ... view the full minutes text for item 2. |
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Additional documents:
Minutes: Responsible Authority Michael Sullivan Brent Licensing Police
Applicant Sithamparanathan Kirubendran
Decision: That the application by Sithamparanathan Kirubendran to extend the hours for the sale of alcohol sale from 08:00hrs to 23:00hrs Monday to Saturday and from 10:00hrs to 22:30hrs Sunday to 06:00hrs to 00:00hrs Monday to Sunday at Woodchurch Filling Station (242 Church Lane NW9 8SL), pursuant to the provisions of the Licensing Act 2003 be granted in part.
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 premises licence holder, under section 34 of the Licensing Act 2003, to vary the premises licence relating to Woodchurch Filling Station 242 Church Lane NW9 8SL by extending the existing hours for the sale of alcohol. Mr Sithamparanathan Kirubendran is the premises licence holder (PLH). The premises are licensed for the sale of alcohol from 08:00hrs to 23:00hrs Monday to Saturday and from 10:00hrs to 22.30hrs Sunday. The application is for the opening hours of the premises to be from 06:00 to 24:00 Monday to Sunday and the sale of alcohol to be from 06:00 to 24:00 Monday to Sunday. The police objected to the application raising concerns about the following licensing objective: prevention of public nuisance. The Police informed the Sub Committee that the reason why Mr Kirubendran wishes to extend his operating hours is to ‘catch the passing trade of Eastern Europeans’ that are either going to or leaving work at the nearby industrial estate, on the basis that he is losing out to other local shops who sell alcohol to these males, which demonstrated a total lack of awareness that Brent is a controlled drinking zone. The Police stated that Mr Kirubendran has not considered the potential implications to the local community of street drinkers that will congregate to consume beers at the end of their shifts or even more worringly males drinking alcohol before the start of their working day. The Police told the Sub Committee that there is a problem with street drinkers in the area and that if the application is granted there is a risk that this would promote street drinking. Furthermore Mr Kirubendran was not able to explain what measures he would put in place to deal with this problem over and above not selling alcohol to persons who appeared drunk. The Police were of the view that the application had not been well though out, was purely profit driven and that there was no evidence before the Sub Committee as to how Mr Kirubendran intended to promote the licensing objectives. The Police further informed the Sub Committee that upon visiting the premises on 11 December 2015 there were a number of breaches to the licence conditions namely: alcohol screen not lockable, no time delay safe, no incident book and a number of high strength beers were on display which Mr Kirubendran subsequently removed from the fridge. Mr Kirubendran ... view the full minutes text for item 3. |
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Additional documents:
Minutes: Responsible Authority Nick Mortimer Brent Licensing Police Paul Whitcomb Brent Licensing Police
Applicant Kenneth McCormack Valerie Lambe (Business Partner)
Decision: That the application by the Metropolitan Police for the review of a premises licence held by Mr Kenneth McCormack at the premises are known as Jono's Bar, (458 Church Lane, NW9 8UA), pursuant to the provisions of the Licensing Act 2003 be granted with the additional 12 conditions requested by the Police.
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 Jono’s Bar 458 Church Lane Kingsbury NW9 8UA. Mr Kenneth McCormak is the premises licence holder and is also the designated premises supervisor (DPS). The premises is currently licensed for live and recorded music from 21:00 to 00:30 Friday & Saturday, the sale of alcohol Monday to Thursday from 11:00 to 23:00, Friday & Saturday from 11:00 to 01:00 and Sunday from 11:00 to 23:00. The premises are open Monday to Thursday from 11:00 to 23:30, Friday & Saturday from 11:00 to 01:30 and Sunday from 11:00 to 23:30. In summary, the Police raised concerns about the following licensing objectives: prevention of crime and disorder, public safety and the prevention of public nuisance. The Police concerns primarily related to the severity of crime and disorder occurring from the premises. The Police alleged that Mr McCormak has breached the requirements of the Licensing Act 2003 and had failed to adhere to the conditions on his licence. The concerns listed by the Police included 40 males fighting in the pub, no CCTV cameras in place and once installed CCTV not working properly, recent evidence of drug use on and drug dealing from the premises, alcohol being supplied beyond the permitted hours, theft and burglary. 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 and is therefore not repeated in detail in our decision notice. The hearing Mr McCormak attended the hearing along with his business partner Valerie Lamb. Police Licensing Officer Nick Mortimer represented the Police. 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 took into account paragraph 11.21 of the guidance which states that if it emerges that poor management is a direct reflection of poor company practice or policy, the mere removal of the designated premises supervisor may be an inadequate response to the problems presented. Where subsequent review hearings are generated by representations, it should be rare merely to remove a succession of designated premises supervisors as this would be a clear indication of deeper problems that ... view the full minutes text for item 4. |