Agenda item

The Sub-Committee noted that the licence holder was not present and the Sub-Committee agreed to continue the hearing in his absence in the public interest.

The licensing officer reported that a review application had been submitted. No correspondence or response had been received from the licensee or to the notice of hearing.

The Licensing Authority stated that the authority had been contacted by the landlord.  They stated that they had evicted the operator and terminated the lease. Locks had been changed. No licence transfer had been applied for and the business may be changed to a deli/café. The Licensing Authority had no confidence in the licence holder and he had breached Covid restrictions and licensing conditions. The licence was taken over by the new business owner on the 24 August 2020 and on the 27^th August, complaints were received. When Covid restrictions came into force, the premises was still used for unlawful activity. The licensing authority had been left with no choice but to review the licence and recommended revocation of the licence.

The police reported that a number of complaints had been made since September.  There had been noise complaints each week even during Covid lockdowns. These were detailed in his representation. The premises had operated after the 10pm curfew. Photos on social media at the end of October indicated that the premises was being operated as a nightclub. Despite warnings and penalty fines, more complaints were received on New Year’s Eve. Patrons were seen entering through the side door in party dress. When police gained entry customers were found sitting in darkness.

In response to questions the police stated that in excess of 100 hours of officer time had been spent on the venue with approximately 20 incidents over the four months.

The public health officer reported that the licensee had ignored guidance provided by the licensing officers and the police which had put staff, customers and residents in the vicinity at avoidable risk. Persistent breaches when frontline services were facing unprecedented demand.

The noise officer reported that there had been multiple complaints in relation to loud music and anti-social behaviour. The licensee had not engaged on issues around calibrating the noise limiter.

Members of the Sub-Committee raised concerns about the seriousness of the breaches involved and stated that this had been one of the worst cases they had seen. They thanked all staff for the work they had carried out on the review application.

RESOLVED

That the premises licence, in respect of  Pong, Lambros House, 156 Pentonville Road, N1 be revoked.

REASONS FOR DECISION

This meeting was held under regulations made under the Coronavirus Act 2020 and it was facilitated by Zoom.

The business owner was served Notice of the Review application and the date of hearing however he did not attend the Sub-Committee hearing.

The Sub-Committee proceeded with the application in his absence.

The Sub-Committee considered all the written submissions and the oral representations from the Licensing Authority, the Police, the Noise team and Public Health.

The Licensing Authority representative informed the Sub-Committee that the licensee's lease in the premises had been forfeited and the licensee had been evicted and the locks of the premises had been changed.

The Sub-Committee took into consideration the following facts:

• There had been ongoing management failures and complaints of noise and anti- social behaviour emanating from the premises
• The Licensee had shown a total disregard for the Covid 19 regulations.
• Three Fixed Penalty Notices have been served on the Licensee for breaches of Covid 19 regulations
• An illegal New Year’s Eve party was arranged and held at the premises in breach of the Covid 19 regulations
• The Licensee had failed to follow Guidance issued by the Licensing Authority and admitted to the Licensing Authority that he had not read the Guidance.

The Sub-Committee expressed their total disapproval of the manner in which the business had been operated and the total disregard for the safety of the customers, general public and public sector workers including the police whose personal safety had been put at risk due to the behaviour of the licensee.

The Sub-Committee concluded that taking all the above factors into consideration, the appropriate and reasonable decision was to revoke the licence.