Agenda and minutes

Councillor Poole welcomed everyone to the meeting, asked members and officers to introduce themselves and informed all present that the procedures were outlined in the agenda pack.

Apologies were received from Councillor Gill and Safi Ngongo.

Councillor Picknell substituted for Councillor Gill and Councillor Williamson substituted for Councillor Safi Ngongo.

If you have a Disclosable Pecuniary Interest* in an item of business:

§  if it is not yet on the council’s register, you must declare both the existence and details of it at the start of the meeting or when it becomes apparent;

§  you may choose to declare a Disclosable Pecuniary Interest that is already in the register in the interests of openness and transparency. 

In both the above cases, you must leave the room without participating in discussion of the item.

If you have a personal interest in an item of business and you intend to speak or vote on the item you must declare both the existence and details of it at the start of the meeting or when it becomes apparent but you may participate in the discussion and vote on the item.

*(a)     Employment, etc - Any employment, office, trade, profession or vocation carried on for profit or gain.

(b) Sponsorship - Any payment or other financial benefit in respect of your expenses in carrying out duties as a member, or of your election; including from a trade union.

(c) Contracts - Any current contract for goods, services or works, between you or your partner (or a body in which one of you has a beneficial interest) and the council.

(d) Land - Any beneficial interest in land which is within the council’s area.

(e) Licences- Any licence to occupy land in the council’s area for a month or longer.

(f) Corporate tenancies - Any tenancy between the council and a body in which you or your partner have a beneficial interest.

 (g) Securities - Any beneficial interest in securities of a body which has a place of business or land in the council’s area, if the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body or of any one class of its issued share capital. 

This applies to all members present at the meeting.

None.

The order of business was as the agenda.

The Sub-Committee noted that the applicant, legal representative or the designated premises supervisor had not attended the meeting.

The Chair of the Sub-Committee stated that the Licensing Authority may wish to take further action in relation to the premises.

RESOLVED that the application for the premises licence at The Auld Triangle Public House, 52 St Thomas Road, N4 be refused.

REASONS FOR DECISION

The Sub-Committee reached the decision having given consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.

The applicant and the licensee did not attend the Sub-Committee meeting. The Sub-Committee did not require any further submissions to be made by the Licensing Authority, the Police or the Noise Team representative. No residents or ward Councillor was present. In advance of the hearing the Sub-Committee carefully considered all the evidence and submissions and read all the material.

The Sub-Committee carefully considered the application and in particular the steps that the applicant offered to take in relation to promoting the licensing objectives.

The applicant was an existing licence holder, holding a licence for the sale of alcohol on and off the premises, the playing of recorded music for 24 hours a day and the provision of late night refreshment.

The application was for a variation of that licence, to amend the hours for the sale of alcohol to that of Fridays and Saturdays from 10:00 to 1am the following day on Fridays and Saturdays only.

The Sub-Committee noted that there had been a licensing officer panel meeting in May 2014 after the premises had been found operating until after midnight, in breach of the licensing hours. Following the panel the premises was found to be selling alcohol and playing live music after hours on 30 May 2014. There had been a visit by licensing officers in August 2014 and alcohol was again witnessed being sold after hours. 

The Sub-Committee further noted that the licence holders or the designated premises supervisor did not appear to be involved in the day to day licensable activities. There had also been complaints regarding noise in the rear yard and noise from entertainment at the premises. 

The Sub-Committee accordingly was of the opinion that the decision to refuse the variation application was appropriate and proportionate for the promotion of the licensing objectives.

The licensing officer reported that additional information had been passed to the Sub-Committee relating to the purchase of the leasehold interest.  These papers would be interleaved with the agenda papers.

The police reported that there were 19 licensed premises in a 250 m radius. There were over 1000 crimes for the ward during 2013/14.  There had been only two reported crimes for the premises over the last six months since the previous revocation of the licence. He raised concerns that there would be the temptation to sell alcohol out of hours with 24 hour opening.  He had agreed three conditions with the applicants which he would like to be added to the licence if it was agreed.

In response to questions, the police reported that they did have concerns regarding the cumulative impact of the premises.  He considered that the premises would have an impact on the area. He reported that the CCTV condition was a step in the right direction for the prevention of crime and disorder.  This was not a big premises and he considered that there was not much else that the applicant could do.

Mr Haken Er and Mrs Nursever Arabacier, training consultants, supported by the applicant Mr Yalchin Hajiev, reported that they had liaised with the trading standards team and the police.  They stated that trading hours for the sale of alcohol would be reduced from the previous licence to 11pm and the volume of alcohol sold would be less. No rubbish would be removed or waste collected between the hours of 23:00 and 07:00. The pictures of waste outside the premises in the agenda pack were from 6 or 7 months previously.  The area was not like that now.  The CCTV could be used to collect evidence for crime and disorder. If the licence was granted all staff would be trained.  The consultants had been training businesses for eight years. 

In response to questions, Mr Hadjev reported that there was no connection between him and the previous owner.  He only knew him through buying the premises.  Alcohol would be kept behind locked cabinets after licensing hours in order that staff resisted pressure from customers.  He considered that the business would not be viable without an alcohol licence.  The business would be selling a variety of produce including organic food and wines. When unable to respond to a question, the Chair informed Mr Hadjev that abv was an acronym for alcohol by volume.  He reported that all staff had changed from previously.  Mr Hadjev stated he would train staff every three months.  Following translation he stated that he would keep a record of all training. He stated that 20 or 30 % of sales would be alcohol.  He worked in a shop in Muswell Hill for one year before this shop.  He was a snooker club manager prior to this.  No alcohol was sold in the shop but was in the snooker club.  Challenge 25 would be covered in the training.

In summary,  ...  view the full minutes text for item 40.