LICENSING SUB-COMMITTEE. Wednesday 4 February 2009 at am. BARNET HOUSE, 1255 HIGH ROAD, WHETSTONE, N20 0EJ (please report at Reception)

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1 MEETING LICENSING SUB-COMMITTEE DATE AND TIME Wednesday 4 February 2009 at am VENUE BARNET HOUSE, 1255 HIGH ROAD, WHETSTONE, N20 0EJ (please report at Reception) TO: MEMBERS OF THE COMMITTEE (Quorum 3)* Councillors: Wendy Prentice (Chairman) Terence Burton Julie Johnson *This licensing authority will only allow licensing decisions to be taken by a minimum of three Councillors. In the event of one Member being unable to attend, their place will be substituted by another Member taken from the membership of the full Licensing Committee. In the event of this substitution taking place, all parties will be informed of the change of Membership at the beginning of the hearing. You are requested to attend the above meeting for which an Agenda is attached. David Seabrooke, Democratic Services Manager Democratic Services contact: Pauline Bagley, CORPORATE GOVERNANCE DIRECTORATE To view Agenda papers on the website: FACILITIES FOR PEOPLE WITH DISABILITIES Barnet House has access for wheelchair users including lifts and toilets. If you wish to let us know in advance that you will be attending the meeting please telephone Pauline Bagley on People with hearing difficulties who have a text phone, may telephone our minicom number on All of our Committee Rooms also have induction loops. Barnet House, Whetstone, N20 0EJ

2 ORDER OF BUSINESS Item No. Title of Report Contributors 1. ABSENCE OF MEMBERS - 2. DECLARATION OF MEMBERS PERSONAL AND PREJUDICIAL INTERESTS - 3. PROCEDURE AT MEETING - 4. APPLICATION FOR Alfama Fish Restaurant, 330 Ballards Lane, West Finchley, London, N12 0EY (West Finchley Ward) am (approx) Democratic Services/ Licensing Officer 5. MOTION TO EXCLUDE THE PRESS AND PUBLIC: That, under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public be excluded from the meeting whilst the sub-committee deliberate the application 6. DELIBERATION BY THE SUB-COMMITTEE IN PRIVATE SESSION 7. RE-ADMISSION OF PRESS AND PUBLIC Announcement of the decision of the Sub-Committee 8. Any other items which the Chairman agrees are urgent Fire/Emergency Evacuation Procedure If the fire alarm sounds continuously, or if you are instructed to do so, you must leave the building by the nearest available exit. You will be directed to the nearest exit by Committee staff or by uniformed porters. It is vital you follow their instructions. You should proceed calmly; do not run and do not use the lifts. Do not stop to collect personal belongings. Once you are outside, please do not wait immediately next to the building, but move some distance away and await further instructions. Do not re-enter the building until told to do so.

3 LONDON BOROUGH OF BARNET LICENSING SUB COMMITTEE HEARINGS PROCEDURE General points The following procedure is based on Regulations made by the Secretary of State under the Licensing Act 2003 ( the Hearings Regulations ) which may be viewed or downloaded from the website of the Department for Culture, Media and Sport by following links from The procedure is intended as a general framework to ensure natural justice and a fair hearing. The conduct of individual hearings may vary slightly according to circumstances and the discretion of the Chairman. In all cases, however, this general framework will be followed. The procedure allows each party a maximum period of 5 minutes in which to present their case (Regulations 16 & 24). At the end of the time allowed, the Chairman will terminate the presentation and the hearing will proceed in the form of a discussion led by the authority to explore points of dispute. The discussion will not be timed The procedure is subject to periodic review and amendment to reflect best practice and relevant legislative changes. An updated version of this procedure is published as soon as possible following any such amendments. Chairman Introduces him/herself and Members of the Committee, and outlines their roles. Introduces Licensing, Legal and Democratic Services Officers. Explains that Legal and Democratic Services Officers will be present during the Committee s deliberations to advise only, and that the Licensing Officer will be excluded from deliberations. Asks parties present to introduce themselves. Outlines procedure to be followed (Regulation 22). Asks all parties to confirm their understanding of the procedure. Clarifies any aspect(s) of the procedure where any parties are uncertain or asks Legal or Democratic Services Officer as appropriate to clarify. DSO Informs Committee of absent parties. Details persons whom a party is seeking permission to represent them at hearing. Panel confer re permission. Chairman announces decision re permission. Licensing Officer presents the report to the Committee Is a statement of the facts including details of the application and operating schedule, relevant policy details, detail representations made, a chronology of events and highlights the points on which the Authority requires clarification. Applicant Presents opening submissions and clarifies points raised by Authority in notice of hearing. Time allowed 5 mins.

4 Other parties Presents opening submissions either in person or by spokes person Time allowed 5 mins per interested party. Note regarding use of video evidence Video evidence must be in DVD format and will form part of the relevant party's five minutes opening submission. Any party wishing to use video evidence must submit a copy to the Authority along with sufficient, identical extra copies to serve on all the opposing parties i.e. if the applicant is submitting it, there must be enough copies for all parties making representations and if a party making representations is submitting it there must be a copy for the applicant. The recording must be edited down to the highlights, containing only relevant matter which relates to the written representation previously submitted. In addition, a description of how, when and where the video was recorded and what it contains must be submitted. These must be supplied to the Authority at least five working days before the hearing. Members question Licensing Officer on Policy Discussion Chairman leads a discussion concentrating on points of dispute: Chairman asks Applicant what he disputes in other parties submissions, and asks other parties to comment. Chairman proceeds through all objectors dealing with all matters of contention. When Chairman feels all matters have been thoroughly discussed and all parties have been given a fair and equal opportunity to comment and make representations, she/he closes discussion. Determination There are two procedures depending on whether or not determination is to be made at the end of the Hearing or within five working days of the Hearing. This later announcement of determination is permitted in terms of the Legislation for certain types of applications. Chairman informs all present that will deliberate, that Legal and DSO will remain to advise but will not be part of decision-making process, and that all others must leave (under Reg. 14). Parties, apart from Legal and Democratic Services Officer, leave the room. The Committee deliberates, with advice as required from Legal and Democratic Services Officers, and reaches a conclusion. The Legal officer may assist, as required, in formulating the wording of the determination. Parties return. Chairman reads out determination, and advises it will be sent in writing to all parties. Opportunity for determination to be clarified by any interested party who is unclear. Chairman gives advice about appealing against the determination. Chairman thanks all for attending and closes the meeting. Within five working days of the hearing Chairman explains requirement to determine the Hearing within five workings days, and advises that the Committee will proceed to deliberate and announce the determination within that time. During deliberations, Legal and Democratic Services Officers remain to advise on law and procedure as required. The Legal Officer may assist, as

5 This version December 2007 required, in formulating the wording of the determination. The Licensing Officer plays no part in the determination and withdraws for this part of the proceedings. Chairman advises all parties that they will receive written notification of the determination within five working days of the Hearing date, together with general information on how to appeal against the determination. Chairman thanks all parties for attending and invites the applicant, objector(s), other party(ies) and the Licensing Officer to leave. Information on Appealing against the decision You may at any time before the expiration of a period of 21 days from notification appeal to Hendon Magistrates Court, The Court House, The Hyde, Hendon NW9 7BY (Telephone , DX Hendon 4) by way of Complaint for an Order. The Court may either dismiss the appeal, substitute for the decision appealed against any other decision which could have been made by the Licensing Authority or remit the case to the Licensing Authority to dispose of it in accordance with the directions of the court, and can make such order as to costs as it thinks fit.

6 AGENDA ITEM: 4 Pages 1 32 Meeting eting Licensing Sub-Committee Date 4 FEBRUARY 2009 Subject Report of Summary Alfama Fish Restaurant, 330 Ballards Lane, West Finchley, London N12 0EY Democratic Services Manager / Licensing Officer This report asks the Sub-Committee to consider the application to vary a premises licence under the Licensing Act 2003 Officer Contributors Status (public or exempt) Ward(s) affected Enclosures For decision by Function of Reason for urgency / exemption from call-in (if appropriate) Pauline Bagley Democratic Services (covering report) Michelle Budden Licensing Officer (Licensing Officer s Report) Public West Finchley Enclosure 1: The Application Form Enclosure 2: Report of the Licensing Officer (including Decision Sheets) Enclosure 3: Licensing Sub-Committee Council Not Applicable Written Representations Contact for further information: Pauline Bagley, Democratic Services,

7 1. RECOMMENDATIONS 1.1 That the Sub Committee consider the application for the variation of the licence. 2. RELEVANT PREVIOUS DECISIONS 2.1 The Decision of the Licensing Sub-Committee(22 December 2008) not to consider this application due to the absence of a person with authority to speak on behalf of the Premises Licence Holder. 3. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 3.1 The Council s Licensing policy. 4. RISK MANAGEMENT ISSUES 4.1 Not applicable. 5. EQUALITIES AND DIVERSITY ISSUES 5.1 Licence applications are dealt with according to the provisions of the Licensing Act 2003 and associated Regulations which allow both applications and representations to applications to be made by all sectors of the community. 6. FINANCIAL, STAFFING, ICT AND PROPERTY IMPLICATIONS 6.1 None. 7. LEGAL ISSUES 7.1 Valid representations have been received to the variation application, which is therefore before the Sub-Committee for consideration. 8. CONSTITUTIONAL POWERS 8.1 The Licensing Sub-Committee will discharge the functions under the Licensing Act 2003 and associated Regulations, as delegated to it by the Licensing Committee. 9. BACKGROUND INFORMATION 9.1 The application and report of the Licensing Officer and appendices are attached to this report. 10. LIST OF BACKGROUND PAPERS 10.1 None. Legal PCL 2

8 ENCLOSURE 1 The Application Form 3

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24 ENCLOSURE 2 Report of the Licensing Officer (including decisions sheets) 19

25 LICENSING ACT 2003 APPLICATION TO VARY A PREMISES LICENCE OFFICERS REPORT 1. The Applicant Mr Siamak Eshghi-Haghighi of 3 Friary Road, Finchley, London N12 9HY 2. Applicants Agent The application was submitted on behalf of the applicant by Sergill & Co Solicitors, 22 Bath Road, Hounslow, Middlesex, TW3 3EB 3. Current Premises Licence The premise currently has a License granted in February 2006 and was subsequently varied in November of the same year. The current licence allows: The Sale by retail of alcohol during the following hours: Standard days and timings: Monday to Thursday Friday and Saturday Sunday Seasonal Variations Christmas Eve New Years Eve UK Bank Holidays 11:00 to hrs 11:00 to hrs 12:00 to 23:30 hrs 11:00 to 01:00 hrs 11:00 to 01:00 hrs 11:00 to 01:00 hrs And The provision of late night refreshment indoors only Standard days and timings: Monday to Thursday Friday and Saturday Seasonal Variations Christmas Eve New Years Eve UK Bank Holidays 23:00 to hrs 23:00 to hrs 23:00 to 01:00 hrs 23:00 to 01:00 hrs 23:00 to 01:00 hrs * The premises are also allow to remain open to the public an addition 30 minutes past the hours stated above. 4. The Application This is an application made under Section 34 of the Licensing Act 2003 to vary the Premises Licence currently held, to have effect as soon as possible. 20

26 It seeks to vary the following: To allow the exhibition of films from 11:00 until 23:00 Mondays to Sundays (indoors only) To allow the playing of live music from 18:00 until 23:00 Monday to Sunday (indoors only) To allow the performance of dance and the provision of facilities for dancing from 18:00 until 23:00 Fridays to Sundays (indoors only) In part 3 of the application the applicants have referred to the provision of Adult Entertainment. After consulting with the applicants agent it was established that the activities the premises were requesting would not fall under the definition of Adult Entertainment for the purposes of the Licensing Act 2003 and indeed referred to the activities outlined in section G of the applications Operating Schedule. 4. Representations The Noise and Statutory Nuisance Manager Ralph Haynes has made a representation to this application. The representation is concerned with the likely impact that the granting of this application would have and in particular to the increased potential for noise nuisance. 5. Officers Comments Our records show that the premises users have served 6 Temporary Event Notices upon the Licensing Authority in The Council's Policy makes it clear that licensing law, though a key aspect, is not the primary mechanism for the general control of nuisance and antisocial behaviour by individuals once they are away from the licensing premises and therefore beyond the direct control of the licence holder. The Statutory Guidance at 1.26 refers to the control of behaviour away from licensed premises. Council s Policy (4.2) states that The council shall recognise that there should be a clear separation of the planning and licensing regimes in respect of applications to avoid duplication or a re-run of the planning application process but also recognises that some factors affecting the planning decision may also affect the decision of the Licensing Committee. 6. Attaching conditions The operating schedule, which is part of the application, includes certain additional steps that the applicant will take to protect the licensing objectives. These will become enforceable conditions, should the licence be granted. Additional conditions may be attached to the licence if the committee thinks it appropriate. The Committee must have regard to all of the representations made and the evidence it hears, and is asked to note that it may not attach conditions or reject the whole or part of the application merely because it considers it desirable to do so. It must actually be necessary in order to promote the licensing objectives. 21

27 In relation to conditions, the statutory guidance at chapter states amongst other things that The licensing authority may not impose any conditions unless its discretion has been engaged following receipt of relevant representations and it has been satisfied at a hearing of the necessity to impose conditions. It may then only impose conditions that are necessary to promote one or more of the four licensing objectives. Such conditions must also be expressed in unequivocal and unambiguous terms to avoid legal dispute. The guidance also states at that licensing conditions should be tailored to the size, style, characteristics and activities taking place at the premises concerned. Full Copies of the Councils Statement of Licensing Policy, the Statutory Guidance to the Act and the Council s Guide to Good Practice at Licensed Premises will be available at the Licensing Sub Committee hearing or in advance if required. A map centrally locating the premises and a plan of the building will be available at the hearing. Michelle Budden Licensing Officer Wednesday, 10 December

28 Licensing Act 2003 Part A: Premises Licence Premises Licence Number: LN/ Licensing Authority: London Borough of Barnet, Building 4, North London Business Park Oakleigh Road South New Southgate, London, N11 1NP Part 1 Premises details Postal address of premises, or if none, ordnance survey map reference or description 330 Ballards Lane Post Town London Post code N12 0EY Telephone number Where the licence is time limited the dates This premises licence is not time limited Licensable activities authorised by the licence The sale by retail of alcohol, and The provision of late night refreshment. The times the licence authorises the carrying out of licensable activities Sale by retail of alcohol Standard Days and Timings: Monday to Thursday Friday and Saturday Sunday Seasonal Variations Christmas Eve New Years Eve UK Bank Holidays 11:00 to hrs 11:00 to hrs 12:00 to 23:30 hrs 11:00 to 01:00 11:00 to 01:00 11:00 to 01:00 The provision of late night refreshment indoors only Standard days and timings: Monday to Thursday 11:00 to hrs Friday and Saturday 11:00 to hrs Seasonal Variations Christmas Eve New Years Eve UK Bank Holidays 23:00 to 01:00 23:00 to 01:00 23:00 to 01:

29 The hours that the premises are open to the public Standard days and timings: Monday to Thursday 11:00 to hrs Friday and Saturday 11:00 to hrs Seasonal Variations Christmas Eve New Years Eve UK Bank Holidays 11:00 to 01:30 11:00 to 01:30 11:00 to 01:30 Where the licence authorises supplies of alcohol whether these are on and/ or off supplies On supplies only Part 2 Name, (registered) address, telephone number and (where relevant) of holder of premises licence Siamak Eshghi-Hagighi 3 Friary Road Finchley London N12 9HY Registered number of holder, for example company number, charity number (where applicable) N/A Name, address and telephone number of designated premises supervisor where the premises licence authorises for the supply of alcohol Mrs Irina Lopatina 45 Winscombe Bracknell Berkshire RG12 8UE Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol LN/ Brackwell Forest Borough Council 2 24

30 Annex 1 - Mandatory Conditions 1. No supply of alcohol may be made under the premises licence- (a) at a time when there is no designated premises supervisor in respect of the premises licence, or (b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended. 2. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence. Annex 2 Conditions consistent with the operating schedule 3. No entry or re-entry on Fridays and Saturdays after 00:00 4. All windows shall be kept closed after 23:00 5. A notice shall be displayed prominently at the customer exit asking customers to leave quietly. Annex 3 Conditions attached after hearing by the licensing authority 6. N/A Annex 4 - Plan As submitted to the Council with the application for the grant of a premises licence under section 17 of the Licensing Act

31 Matters for decision ALFAMA RESTAURANT, 330 Ballards Lane, London, N12 0EY Part B: to allow the exhibition of film Paragraphs of particular relevance in Licensing policy Paragraphs of particular relevance in mandatory guidance Standard Hours Day Proposed start time Proposed finish time Granted as application Amended to: Refused Monday 11:00 23:00 Tuesday 11:00 23:00 Wednesday 11:00 23:00 Thursday 11:00 23:00 Friday 11:00 23:00 Saturday 11:00 23:00 Sunday 11:00 23:00 Conditions attached: Reasons for decisions above: 26

32 Part E: to allow the performance of Live Music indoors only Paragraphs of particular relevance in Licensing policy Live Music Dancing and Theatre Paragraphs of particular relevance in mandatory guidance , Standard Hours Day Proposed start time Proposed finish time Granted as application Amended to: Refused Monday 18:00 23:00 Tuesday 18:00 23:00 Wednesday 18:00 23:00 Thursday 18:00 23:00 Friday 18:00 23:00 Saturday 18:00 23:00 Sunday 18:00 23:00 Conditions attached: Reasons for decisions above: 27

33 Part G: to allow the Performance of Dance indoors only Paragraphs of particular relevance in Licensing policy Live Music Dancing and Theatre Paragraphs of particular relevance in mandatory guidance , Standard Hours Day Proposed start time Proposed finish time Granted as application Amended to: Refused Monday - - Tuesday - - Wednesday - - Thursday - - Friday 18:00 23:00 Saturday 18:00 23:00 Sunday 18:00 23:00 Conditions attached: Reasons for decisions above: 28

34 Part J: to allow the provision of facilities for dancing indoors only Paragraphs of particular relevance in Licensing policy Live Music Dancing and Theatre Paragraphs of particular relevance in mandatory guidance , Standard Hours Day Proposed start time Proposed finish time Granted as application Amended to: Refused Monday - - Tuesday - - Wednesday - - Thursday - - Friday 18:00 23:00 Saturday 18:00 23:00 Sunday 18:00 23:00 Conditions attached: Reasons for decisions above: 29

35 Written Representations 30

36 Director of Planning and Environmental Protection The London Borough of Barnet, Building 4, North London Business Park Oakleigh Rd South, London N11 1NP Memo to Licensing contact: ralph.haynes tel: fax: date: 23 d November 2008 our reference: your reference: Re: Licensing Act 2003 re Alfama 330 Ballards Lane N3 REPRESENTATIONS MADE BY THE PUBLIC HEALTH AND NUISANCE SERVICE BEING A RESPONSIBLE AUTHORITY IN ACCORDANCE WITH LONDON BOROUGH OF BARNET LICENSING POLICY I write in connection with the above premises and the licence application. Historically this service has had valid complaints of noise from above premises which have been confirmed by officers witnessing a noise nuisance on 16 September Since then this service has received at least 6 more complaints from different residents. I visited on 10 November 2008 and rang the applicant previously. I advised the Manager Vito (who has since left but the licence holder remains the same) on 16/11/7 to liaise with neighbours to control volume and isolate speakers using rubber pads from live music PA. I spoke to a resident on 10 November and confirmed there were still complaints when Temporary Event Notices were given for music and dancing which could be heard in rear residential premises above and adjoining the restaurant. There are 3 adjoining residential flats above. Therefore due to valid complaints and for the following reasons I would like to prevent licencing the premises for application sections E, G, H, I J & K live music, dance. The windows in the premises are single glazed. There are only single doors at the front for noise to break out of. The speakers on the TV and more importantly the pa speakers were connected to the shared party wall are not isolated from the structure of the building allowing noise to freely transmit to attached neighbouring premises. It is very difficult to limit the noise from acoustic instruments if residents live attached and above and to the side of a premises and there is no noise limiter to restrict noise. The dance floor is wooden and is not isolated from the structure so dance steps vibrates the party walls 31

37 Previously under different manager but same owner I spent 20minutes advising on how to remedy these defects and to advise fitting a noise limiter however until this is done as the premises shares party walls and floors with residential premises it is not suitable as a venue for noisy live licensed entertainment at any time. I had been in dialogue and spoke at the licensing hearing approximately a year ago to agree conditions that may resolve these issues but to date these have not been agreed. Therefore for the above reasons I would like to make to make a representation that the application is very likely to lead to increased potential for noise nuisance and should be refused. Yours sincerely Ralph Haynes Group Manager Noise and Nuisance 32