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Agenda item

Palmera Oasis, 332 Essex Road, N1 3PB - New licence application

Minutes:

The licensing officer reported that the applicant had not responded to the representations made by the responsible authorities.

 

The licensing authority reported that the premises had been visited at midnight on 15 November 2015 and it had been found operating outside the licensing hours.  The licensing authority had made it clear to the applicant what needed to be improved but no contact had been made by the applicant. There were concerns regarding the standards of management as the only time that licensing officers had visited during the application process, the applicant had been in breach of operating hours.  There were concerns that the applicant would not abide with licensing conditions and it was recommended for refusal.

 

The police raised concerns regarding the standards of management.  It was stated that there had been a number of crimes at the venue.  On the 13 June 2015 police were called to the venue after midnight when the premises should not have been open.  The police were called again on the 17 October 2015 at 11.54.  On this occasion a female had grabbed food from the spit and caused a disturbance. The CCTV was not working on the 13 June 2015 and although this was not a breach it reflected the standards of management.  The police stated that they did not consider the applicant could run the premises lawfully.

 

The applicant stated that he did not sell alcohol and was a takeaway kebab shop.  In 2011 he had contacted the council and no one had forwarded him to the licensing team.  He had been opening late since 2011.  He was not aware that he needed a licence to sell food after 11pm until two months before.  He had, on two separate occasions called the police.  Once as a man had broken into the local furniture shop and on the 13 June 2015 as a man in the shop had a knife.  The report for this incident was taken from the CCTV.  The premises had closed after 11pm but orders were taken over the telephone.  The applicant stated he was not aware that he should stop trading. The licensing officer stated that this would have been made clear to him when he applied for the licence.

 

The applicant stated he would keep the CCTV and he had called the police rather than the police being called to him.  He was part of the local community.

 

RESOLVED

That the application for a new premises licence in respect of Palmera Oasis, 332 Essex Road, N1 3PB be refused.

 

REASONS FOR DECISION

The Sub-Committee listened to all the evidence and submissions and read all the material. 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 Sub-Committee noted that the applicant had been operating outside the licensing hours for some time and had not engaged with the responsible authorities until recently.

 

The Sub-Committee considered licensing policy 8 regarding hours, licensing policy 9 regarding the lack of information in the operating schedule and failure to engage with the licensing authority in this regard and licensing policy 10 regarding a history of non-compliance. 

 

The Sub-Committee concluded that the grant of the licence would undermine the licensing objectives.

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