Agenda and minutes

To appoint a Chair for the purposes of this meeting.

RESOLVED:  That Councillor Primesh Patel be appointed Chair of the Licensing Panel Hearing.

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.

RESOLVED:  To note that the following interests were declared:

Agenda Item 5 - Moka Pan Asian, 246-248 Uxbridge Road, Hatch End, Pinner, Middlesex, HA5 4HS

Councillor Ramji Chauhan declared a non-pecuniary interest in that he had previously eaten at the applicant’s establishment Dhaba which was in the area.  He would remain in the room whilst the matter was considered and voted upon.

[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].

(See Note at conclusion of these minutes).

Procedure to be followed at an oral hearing.

The Chair asked the Panel Members, officer/s, Responsible Authority/ies 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.

In attendance:

The Licensing Panel carefully considered all the relevant information including:

·                 Written and oral representations by all the parties

·                 The Licensing Act 2003 and the steps that are appropriate to promote the licensing objectives

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

·                 Harrow Council’s Licensing Policy

·                 Human Rights 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:

-                 There is an existing premises licence in operation and the Applicant’s representative confirmed that the application was being brought to extend the licensable hours and the licensing activities.  Prior to the hearing, the Applicant worked with the Police and the Licensing Authority and agreed a total of 19 conditions, as shown in Appendix 5 of the report.  The Licensing panel noted that whilst a significant number of objections had been made, no representations were received from any authorities, including the Police.

-                 The Licensing panel heard the objector’s concerns, most of which related to the prevention of public nuisance.  Objectors were concerned about noise disturbance in the immediate vicinity of the Premises should the Premises remain open and be permitted to engage in licensable activities into the early hours of the morning.  There were concerns about the use of the garden area in the evenings, which could affect the neighbouring resident’s peaceable enjoyment of their properties and children sleeping during the night-time.  The number of covers available in the garden were also raised as a concern and objections were made to potential light pollution emanating from the garden area.

-                 Objectors mentioned the potential for odours emanating from the kitchen causing a nuisance, but given that this is a new premises licence application, the Licensing panel considered it onerous to include a condition at this stage.  The Licensing Panel would hope that the Applicant bears this in mind and avoids causing a nuisance in this regard, but also notes that if an issue arises in the future, a review application can be made.

-                 The Licensing panel heard concerns about people standing outside the Premises smoking and noted that whilst this was not a licensable activity, the Applicant had agreed a conditionwith the Police which should address any potential for noise nuisance arising from smoking outside.  There were concerns about the appearance of door supervisors at the Premises which may have an affect on property values in the area, but noted this is not a licensing objective consideration.

-                 Whilst the Licensing panel took on board representations about noise nuisance, the Applicant had agreed with the Police to accept conditions to close windows and doors when music was played after 11:00pm and not to play music at a level that would cause a nuisance to the neighbours.  The Applicant had also agreed  ...  view the full minutes text for item 87.