Agenda item
Application by Louriston Lorainey for a Temporary Event Notice (TENs) for Bar 07 Ltd (formally Masters), 217 Kenton Road, HA3 0HD
Decision:
In accordance with the Licensing Act 2003 for the application of a Temporary Event Notice for the premises Bar 07 (formally Masters) 217 Kenton Road, HA9 0HD be refused and a counter notice will be issued on the grounds of the prevention of crime and disorder and public safety.
The Committee were satisfied that the capacity of the venue would not promote public safety and there were concerns regarding the prevention of crime and disorder.
Minutes:
Simon Martin, Service Manager Licensing, informed the sub committee that the application was for a temporary event notice (TENs) for the provision of regulated entertainment, late night refreshment and the sale of alcohol from 20.00 hours on 3 August 2013 to 05.00 hours on 4 August 2013.
Nick Mortimer, Metropolitan Police was invited to make his representation and highlighted the following points:
· The TENs was for a birthday party and an objection was made on the grounds of crime and disorder and public safety
· The premises had been subject to a review on 9 July 2013 and the Police felt that the amended conditions as set out in the objection had not yet taken been addressed to ensure the promotion of the licensing objectives
· The variation to the capacity as advised at the review hearing had not yet been submitted although the Police were confident internal works had taken place
During questions of the Police the following points were clarified:
· There had been numerous incidents over the past two years at the premises including; thefts, ABH and wounding, GBH and wounding as well as an attempted murder which prompted the emergency review
· The premises had alerted the police to possible gang violence at a function and agreed to close the venue to prevent such an occurrence
The applicant was invited to make his representation and highlighted the following points:
·
Work had taken place to address concerns raised at
the review including:
(i) clear explanation of drugs policy
being displayed,
(ii) all power sockets for DJ equipment replaced in line with RCD
not exceeding 30 milliamps
(iii) all electrical equipment PAT tested
(iv) staff advised that locks and flush latches on exits to remain
unlocked whilst public on the premises
(v) toilets checked every two hours during operation
(vi) refusal book to be kept and produced on request
(vii) CCTV recorded for 60 days
· It was hoped that the variation to the capacity would be submitted shortly and if necessary could be submitted the next working day
· Additional security had been hired and a dispersal policy of five guests at a time had been implemented
· The TENs was for a 50th birthday party with 120 guests
Yogini Patel, Senior Regulatory Services Manager highlighted that without the submission of the variation to the capacity, there was no way to verify the capacity of the venue which could cause issues if an emergency such as a fire occurred.
During questions of the applicant the following points were clarified:
· The fire standards of the building were up to regulation
· Although a capacity of 150 had been advised, the applicant did not expect the venue to exceed 90 persons at anyone time
· The additional security were provided and managed by a licensed SIA company
· The applicant was now aware of the importance of calling the Police should issues arise and had made security responsible for ensuring appropriate conduct outside of the premises
· Number of attendees would be monitored through the use of a guest list and checking attendees off once inside the venue
· Guests will only be permitted into the venue on presenting a valid invitation and limited to 5 drink tokens which were to be prepaid for
· The surveyor had not informed the applicant that the variation had not been submitted
· The application was submitted as a late TENs
Nick Mortimer, Metropolitan Police was invited to sum up and highlighted that the reasons the Police did not wish the application to go ahead was clear and expressed concern that allowing such an application may set a precedent for the venue operating as a late night venue through the use of TENs.
In summary the applicant informed the sub committee he would submit the variation to the capacity the next day.
The meeting was adjourned at 7.35pm, and all parties left the room to enable the sub committee to make its decision.
The meeting was reconvened at 7.41pm and the sub committee delivered its decision as detailed below.
RESOLVED:
In accordance with the Licensing Act 2003 for the application of a Temporary Event Notice for the premises Bar 07 (formally Masters) 217 Kenton Road, HA9 0HD be refused and a counter notice will be issued on the grounds of the prevention of crime and disorder and public safety.
The Committee were satisfied that the capacity of the venue would not promote public safety and there were concerns regarding the prevention of crime and disorder.
Supporting documents:
- TENs-report, item 2. PDF 70 KB
- TENs-notice, item 2. PDF 411 KB
- TENS-objection, item 2. PDF 131 KB
- TENs-map, item 2. PDF 2 MB