Agenda item
Application by DJ's Caribbean for a Variation of the Premises Licence for 'Heritage Inn' (301 Cricklewood Broadway, London, NW2 6PG) pursuant to the Licensing Act 2003
The application is for a variation of the premises licence is to be permitted to supply alcohol, refreshments and regulated entertainment from 10.00 until 01.00 the following day Sunday to Thursday and until 03.00 the following day Friday and Saturday to remain open 30 minutes past these times.
Decision:
Granted the application for variation of premises licence to allow the supply of alcohol, refreshments and regulated entertainment from 10:00 hours until 01:00 hours the following morning on Sunday to Thursday and until 03:00 hours the following morning on Friday and Saturday the following morning and to open for a further 30 minutes past these times.
Minutes:
The Chair welcomed the applicant and his representative to the meeting and after general introductions, explained the procedure that would be followed during the hearing.
Applicant
Mr Stephen Hill (Applicant’s representative)
Mr & Mrs DJ (the applicant) and supporters were in attendance.
Licensing Authority
Mr Alan Howarth, Health Safety & Licensing introduced the matter and drew the Sub-Committee’s attention to the applicant’s request for the variation of a premises licence to allow the supply of alcohol, refreshments and regulated entertainment from 10:00 hours until 01:00 hours the following morning on Sunday to Thursday and until 03:00 hours the following morning on Friday and Saturday and to open for a further 30 minutes past these times. He added that representations were received from the Public Safety Officer and the Police but as these had been resolved, both representations had been withdrawn. He continued that the only representations outstanding were those from local residents.
Case for the Applicant
Mr Stephen Hill for the applicant started by saying that the application for the variation of a premises licence from 10:00 hours until 01:00 hours the following morning on Sunday to Thursday and until 03:00 hours the following morning on Friday and Saturday was for a total of 4 extra hours per week. He continued that as his client had resolved issues raised by the environmental Health and the Police both agencies had withdrawn their representations. He then referred to the objections raised by some local residents.
In reference to the ordnance map attached to the report, Mr Hill stated that those residents who objected to the premises licence lived some 0.3miles away from the application site address (301 Cricklewood Broadway). Furthermore, there were several houses, licensed premises, trees and foliage between the objectors’ residence and the application premises. For the above reasons he submitted that it was unlikely that the issues raised by the objectors could not have emanated from the application premises. He added that the applicant had obtained temporary event notices (exhibits produced at the meeting) enabling Heritage Inn to open until 03:00 hours and apart from those instances, Heritage Inn had had no issues with any of the residents. Mr Hill added that his client would welcome additional conditions if it was felt expedient to do so.
Councillor Farrell commented on the reported breaches of closing times and sought assurances from the applicant he would stringently adhere to the existing or varied closing times if agreed. In addition to a confirmation that he would adhere to the closing times, Mr Hill (the representative) stated that his client had obtained Temporary Event Notices for 7 and 8 August 2009 (the dates when breaches were alleged to have occurred) which enabled him to open until 03:00hours.
In response to a query by Councillor Gupta about the source of nuisance complained about by the residents, Mr Hill stated that as Johnston Terrace and Midland Terrace were some distances away from the application premises, it was unlikely that Heritage Inn was the sole source of the nuisance. He informed the Sub-Committee that his client had had meetings with the local residents aimed at resolving their concerns and at the moment there appeared to be no further issues outstanding.
At this point the applicant, his representative and supporters were asked to leave the meeting room to enable the Sub-Committee to discuss the relevant issues of the application.
Having considered the submissions by the applicant’s representatives and the representations made by the objectors, the Sub-Committee determined;
that the application by DJ’s Caribbean for variation of premises licence to allow the supply of alcohol, refreshments and regulated entertainment from 10:00 hours until 01:00 hours the following morning on Sunday to Thursday and until 03:00 hours the following morning on Friday and Saturday the following morning and to open for a further 30 minutes past these times be granted.
The Sub-Committee noted the representations submitted by the objectors but concluded that due to (a) the distances between 301 Cricklewood Broadway (the application premises) and Midland Terrace and Johnston Terrace, (b) the existence of several licensed premises in the area and (c) the submission of documentary proofs that DJ’s Caribbean had temporary event notices for the dates on which the breaches were alleged to have been caused, the grant of a variation of a premises licence to DJ’s Caribbean for 2 extra hours on Friday and Saturday mornings until 03.00 hours would not have a significant impact on the residential amenities of the area.