Agenda and minutes

RESOLVED:  That Councillor Angella Murphy-Strachan be appointed Chair of the Licensing Panel Hearing.

RESOLVED:  To note that there were no declarations of interests made by Members.

[Note:  Licensing Panel minutes are:-

(1)          approved following each meeting by the Members serving on that particular occasion and signed as a correct record by the Chair for that meeting;

(2)          not submitted to the next panel meeting for approval.

Reasons: The Licensing Panel is constituted from a pooled membership. Consequently, a subsequent Panel meeting is likely to comprise a different Chair and Members who took no part in the previous meeting’s proceedings. The process referred to at (1) above provides appropriate approval scrutiny].

Note: In accordance with the Local Government (Access to Information) Act 1985, the following agenda item has been admitted late to the agenda by virtue of the special circumstances and urgency detailed below:-

Agenda item                        Special Circumstances/Grounds for Urgency

5. Appendix 3A                     These representations were received after the main agenda was published and circulated as the statutory consultation period ended on 25 June. Members are requested to consider this item as a matter of urgency.

RESOLVED:  That the reasons for lateness and urgency of the supplemental agenda be agreed.

Report of the Divisional Director, Community.

In attendance:

RESOLVED:  To grant the premises licence for the hours sought subject to the following conditions:

Hours Open to the Public and for Licensable Activities

Hours open to the Public

Sale of retail alcohol

Late night refreshment

Conditions (which will form Annex 3 of the Licence):

The Panel resolved that the following conditions should be applied to the licence:

1.            One SIA approved door supervisor to be on duty from 23:00 until close of business on Friday and Saturday nights.

2.            No bottles to be emptied in to bins outside the Premises after 21:00 on any day of the week.

3.            A bin is to be provided at the front of the Premises for the use of smokers, should one be required.  The pavement to the front of the Premises to be kept clean.

REASONS:

The Panel carefully considered all the relevant information including:

·                     Written and oral representations by all the parties

·                     The Licensing Act 2003

·                     The Guidance issued under section 182 of the Licensing Act 2003

·                     Harrow Council’s Licensing Policy

·                     Human Rights Act 1998

·                     The considerations in s.17 of the Crime and Disorder Act 1998

The Panel did not consider any of the irrelevant factors which were referred to in the representations of the Objectors, which included need for or financial viability of the business to be run from the Premises, parking concerns, or concerns raised relating to the Pinner Arms, a public house opposite the Premises.

The Panel were grateful to the Objectors that attended for their attendance and participation in the meeting. 

The Panel were also grateful to the Applicant for the concessions made at the meeting by their representative, Mr Sivashankar.  The Panel felt that these concessions were a genuine attempt by the Applicant to reach a compromise with the Objectors.  When deliberating, the Panel concluded that the additional conditions proposed by the Applicant should be incorporated into Annex 3 of the Licence without further amendment.

In addition to the conditions incorporated into Annex 3, Mr Sivashankar also offered a reduction in the licensable hours and opening times as follows: Sunday – Wednesday, licensable activities to stop at midnight with close by 00:30; Thursday licensable activities to stop at 01:00 with close by 01:30.

On behalf of the Applicant, Mr Sivashankar explained that the Premises would seat approximately 25 people and would serve Romanian cuisine.  It is anticipated that the clientele would predominately be Eastern European and customers will largely pre-book before attending.  Takeaway food would not be served.

The Panel placed weight on the fact that no responsible authority had objected to the Application, particularly noting the lack of  ...  view the full minutes text for item 6.