Agenda and minutes

Licensing Panel - Wednesday 13 November 2019 7.30 pm

Venue: Council Chamber, Harrow Civic Centre, Station Road, Harrow, HA1 2XY. View directions

Contact: Miriam Wearing, Senior Democratic Services Officer  Tel: 020 8424 1542 E-mail:  miriam.wearing@harrow.gov.uk

Items
No. Item

67.

Appointment of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

RESOLVED:  That Councillor Maxine Henson be appointed Chair of the Licensing Panel Hearing.

68.

Declarations of Interest

To receive declarations of disclosable pecuniary or non pecuniary interests, arising from business to be transacted at this meeting, from:

 

(a)               all Members of the Panel;

(b)               all other Members present.

Minutes:

RESOLVED:  To note that the following interest was declared:

 

Agenda Item 5 - Application for a new Premises Licence for Imlee Tree, 66-68 Pinner Green, Pinner, Middlesex HA5 2AB

 

Councillor Paul Osborn declared a non-pecuniary in that he was a Ward Councillor for Pinner where the premises were situated. He would remain in the room to represent the objectors.

69.

Minutes

[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].

Minutes:

(See Note at conclusion of these minutes).

70.

Licensing Procedures pdf icon PDF 64 KB

Procedure to be followed at an oral hearing.

Minutes:

The Chair asked the Panel Members, officers, and other attendees at the meeting to introduce themselves and then outlined the procedure for the conduct of an oral hearing, which was set out in the agenda.

RESOLVED ITEMS

71.

Application for a new Premises Licence for Imlee Tree, 66-68 Pinner Green, Pinner, Middlesex HA5 2AB pdf icon PDF 238 KB

Report of the Corporate Director, Community

Additional documents:

Minutes:

In attendance:

 

Legal Adviser:

Andrew Lucas, Harrow Council

Licensing Officer:

 

Ash Waghela, Harrow Council

Applicant(s):

 

S Parekh

A Parekh

V Parekh

B Parekh

M Parekh

Applicants’ Representative(s):

P Sivashankar, Compliance Direct Ltd

 

Objector(s):

A Shipperley

E Partridge

S Partridge

D Tucker

C O’Brien

Keith Flower & Co Solicitors (T Mist)

Objectors’ Representative:

 

Councillor Paul Osborn

Observers:

A Ellis (Licensing, Harrow Council)

M Jones (Environmental Health, Harrow Council)

 

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.

 

Members of the Panel also took into consideration the following, full details of which were set out in the Decision Notice sent to all interested parties:

 

-               two screenshots from google showing the general location of the Premises and a rear view of the Premises, and a list of six additional conditions proposed by the Objectors;

 

-               the withdrawal by the applicant of the application for regulated entertainment from Sunday - Thursday in light of the concerns raised by residents about noise on weeknights;

 

-               the suitability of Mr S Parekh as the DPS (Designated Premises Supervisor) and his credentials;

 

-               the intended capacity of the Premises which was likely to be 100 customers in the front and 40-50 customers at the rear, the latter of which was dependent on the layout;

 

-               inadequacy of the conditions set out in the operating schedule as alleged by the objectors and the agreement from the applicant to: (a) an additional condition to no noise or vibration emanating from the Premises that could cause a nuisance (b) smoking arrangements at the rear and front of the Premises;

 

-               objections to the hours of opening of the Premises which was situated in a residential area which was different to a town or district centre and that it was not suitable for what was being proposed;

 

-               all relevant objections, including the six additional conditions proposed by the objectors of which a couple had been agreed by the applicant;

 

-               the issue to the timing of the closure of the folding doors to help prevent noise nuisance and whether this was material in the context that the issue had been captured as part of the additional condition on noise and vibration which had been agreed for inclusion by the applicant;

 

-               the co-operation with the requirements of the Police, with the majority of their proposed conditions being included in the operating schedule, and the reduction in the opening hours and the hours of licensable activities applied for.

 

RESOLVED:  That the application for a new premises licence for Imlee Tree,                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    66-68 Pinner Green, Pinner, Middlesex, HA5 2AB, be granted for the hours sought, as set out in the report and reproduced below, subject to the following additional conditions:

 

Hours Open to the Public and for Licensable Activities

 

Hours  ...  view the full minutes text for item 71.