Agenda and minutes

To appoint a Chairman for the purposes of this meeting.

RESOLVED:  That Councillor Jeremy Zeid be appointed Chairman for the purposes of the meeting.

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from:

(a)               all Members of the Committee, Sub Committee, Panel or Forum;

(b)               all other Members present in any part of the room or chamber.

RESOLVED:  To note that the following interest was declared:

(i)                   Agenda Item 7 – Application to vary a Premises Licence for ‘Blues’, 86 High Street, Harrow?on?the?Hill, HA1 3LW

Councillor Mrs Eileen Kinnear, who was not a Member of the Panel, declared a personal interest in that she was a Ward Councillor for Harrow on the Hill.She would remain in the room as an observer whilst the matter was considered.

To consider whether any of the items listed on the agenda should be considered with the press and public excluded on the grounds that it is thought likely, in view of the nature of the business to be transacted, that there would be disclosure of confidential information in breach of an obligation of confidence or of exempt information as defined in Part 1 of Schedule 12A to the Local Government Act 1972.

RESOLVED:  That all items be considered with the press and public present.

[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 Chairman for that meeting;

(2)               printed into the Council Minute Volume, published monthly;

(3)               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 Chairman 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).

To receive any questions, petitions or deputations (if any), under the provisions of Committee Procedure Rules 19, 16 and 17 (Part 4B) of the Constitution respectively.

[Note: These items are qualified by the requirements of the licensing legislation and will not be applicable to applications on the current agenda.]

RESOLVED:  To note that no public questions were put, or petitions or deputations received at this meeting under the provisions of Committee Procedure Rules 19, 16 and 17 (Part 4B of the Constitution) respectively.

Procedure to be followed at an oral hearing.

The Chairman asked the Panel Members, officers, Responsible Authorities 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.

Report of the Chief Environmental Health Officer.

The Panel received a report of the Chief Environmental Health Officer, which detailed an application to vary a Premises Licence issued under the Licensing Act 2003 to ‘Blues’ (previously Gauchos), a bar and restaurant at 86 High Street, Harrow on the Hill, HA1 3LW.  Blues had sought to:

·                    extend the permitted hours for sales of alcohol;

·                    remove two conditions from an already licensed premises;

·                    provide a piano within the premises;

·                    provide live music.

An officer confirmed that the applicant had made an amendment to the original application, which was detailed on page 6 of the agenda.

The application had been referred to the Panel as unresolved representations had been received from the Metropolitan Police and Interested Parties.  Sergeant Carl Davis was in attendance on behalf of the Metropolitan Police.  The Interested Parties (local residents) in attendance were Mr Robert Williams, Ms Charonne Boulton, Mr Jeremy Boulton, Mr Ray Anderton, Ms Norma Williams and Ms Ann Whybrow.

Mr Ken MacLeay, the applicant’s solicitor, confirmed that since 1980, the premises had held a full Justices’ Licence. Since 1980, the premises had not been allowed to serve draught beer.  Mr MacLeay also confirmed that that premises had always operated as a ‘bar?restaurant’.

Mr MacLeay produced two letters of support for the applicant: one letter from a local resident, Mr Thomas Shortall, and the other from Mr Felipe Rompesillas who had performed at the premises as a Flamenco guitarist.  It was agreed to accept these additional documents.

In response to questioning by Mr MacLeay, Mr Guy Marx (the applicant) confirmed that:

·                    he had been the owner of the premises since 1981;

·                    the premises’ Manageress or himself were always available during opening hours, both of whom were very experienced in this type of industry;

·                    the intention of the application was to achieve 50/50 wet/dry sales;

·                    the bar could seat approximately 20 people;

·                    no nuisance order had been issued for the premises;

·                    the Police had never been called out to investigate noise emanating from the premises;

·                    dedicated cab firms were used by the premises for customers;

·                    the premises was mainly used by local people including staff and pupils from Harrow School;

·                    customers tended to be over the age of thirty;

·                    Harrow School was the premises’ landlord;

·          no roller blinds were present in the premises;

·                    there were no deliveries to the premises at 5.30 am;

·                    his phone number could be made available for local residents to contact him should there be a problem with noise.

It was confirmed by the applicant that there would be no more than 2 people performing at one time.

In response to questions by local residents, the applicant confirmed that there were no plans for sound?proofing the premises and that the door to the premises would not be left open beyond a reasonable hour and certainly not beyond midnight.

One resident queried whether all letters of representation had been included in the agenda.  An officer confirmed that, to the best of his knowledge, all letters of objection received were in  ...  view the full minutes text for item 180.