Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 29 June, 4, 12 and 19 July 2017 be confirmed and signed as a correct record. 3 August 2017 to be confirmed at the next meeting.

None.

In the matter of the application for a full variation of a Premises Licence the Committee has considered the relevant representations made.

The Committee has made the following determination:

With a view to ensuring the promotion of the licensing objectives, in accordance with the provisions of the statutory guidance and the principles of our licensing policy, the application for a full variation of a premises licence was REFUSED.

In coming to a determination, the following factors were taken into account; 

1.            Members of the Committee considered the representations made by the applicant. He states that he had made a mistake when trading beyond his licensable hours. He explained that he had bills to pay, overheads and staffing costs. The extended hours would allow him to earn enough money to pay for these bills.

2.            Members of the Committee considered the representation made by Mr Power, Crime and Enforcement Officer. There was countless instances where the premises licensing hours were breached. There was evidence and data from online websites, namely Hungry House and Just Eat proving that the premises were trading beyond licensed hours. There was only one condition on their licence, the installation of a working CCTV. This condition had been breached, in that the CCTV was not working.

3.            Members of the Committee considered the representation made by P.C. Gerry, that the premises were associated with immigration offences.

4.            It was agreed that this decision would ensure that the licensing objectives, particularly the prevention of crime and disorder and the prevention of public nuisance, were upheld.

3.1      The Chair welcomed all parties to the meeting and introductions were made. She then invited Ms Spall to speak.

3.2         Ms Spall said that objections had been received from the Crime and Regulation service and the Metropolitan Police to a full variation of a premises licence for Oregano Leaf.  She outlined their current licence and said that the application was for late night refreshment 12am to 6am Monday to Sunday.

Applicant

3.3         Mr Momtaz said that he made a mistake and his shop had been trading beyond the licensed hours. He needed more money to pay for the extra food that he had bought from a company; he also needed to pay for his staff costs and overheads at the shop. He had brought bills to the meeting to show to members of the committee but was advised that it could be used as evidence. He said that he wants to extend his licensing hours to increase his income to enable him to pay his bills.

Representation

3.4      Mr Power said that the Crime, Enforcement and Regulation (CER) Service considered it necessary to submit a representation against the full variation application with regard to Oregano Leaf on the grounds of the premises repeatedly undermining key licensing objectives; most notably the prevention of crime and disorder and the prevention of public nuisance. A map was circulated outlining the position of the premises which is in the Cumulative Impact Zone.

3.5      Mr Power outlined officers’ contact with Oregano Leaf as follows.

• 22 May 2017 – Initial visit to discuss a complaint received in relation to an alleged trading outside of authorised licensing hours. Officers discussed the advertised hours on ‘Just Eat’ which were advertised as being until 0430.
• 23 May 2017 – CER officers provided the premises licence holder with pre-application advice for the possibility of extending licensable activity via the use of TENs and/or a variation of the premises licence. Officers reiterated the further incidents of trading past permitted hours would result in action via Section 136 of the licensing Act 2003.
• 6 June - CER officers witness trading at the premises at 0002 and observed the continued provision of late night refreshment.
• 2 July 2017 – CER officers visited the premises at 0105 and observed the continued breaches of the licensing objectives.
• 3 July 2017 – CER officers met the premises licence holder to discuss offences observed in relation to section 136 of the Licensing Act 2003.

3.6      Mr Power then referred to information given to the clerk for circulation to members of the Committee. The Chair explained that the information could not be circulated to members without the approval of the applicant. Although the clerk had sent the information on two occasions to the applicant, a response had not been received.

3.7      Mr Power referred to his first piece of evidence entitled DP1. It provides details of a data protection requests made to an online takeaway service, ‘Hungry House’. It outlines orders accepted by the premises after licensable  ...  view the full minutes text for item 11.