Agenda and minutes

To appoint a Chairman for the purposes of this meeting.

RESOLVED:  That Councillor Thaya Idaikkadar be appointed Chairman for this Licensing Panel Hearing.

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 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 Chairman 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 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 17, 15 and 16 (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 17, 15 and 16 (Part 4B of the Constitution) respectively.

Procedure to be followed at an oral hearing.

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

Report of the Corporate Director Community & Environment

In attendance:

Submissions were made by Counsel for Crazy Horse that the review only related to the crime and disorder objective and that the papers submitted by the Police, after the consultation period and after the report being published, relating to noise nuisance issues should be disregarded.  The Panel determined to allow the whole nuisance issue to be considered and that the papers submitted about this by the Police should be included for the following reasons: 

·                     the Police application clearly marked the prevention of public nuisance box as being applicable to their review application;

·                     interested parties (namely residents) had written letters which spoke about public nuisance issues including noise;

·                     the issue of prevention of public nuisance appeared to the Panel to be relevant and a ‘live issue’ because the email sent on behalf of Crazy Horse to the Police on 1 December 2010 at page 55 of the reports pack mentioned nuisance issues.

The Panel did not take into account evidence about the operational manual used by the licence holder when reaching its decision.

RESOLVED:  That taking into account the:

1.                  Licensing Act 2003;

2.                  Guidance issued under Section 182 of the Licensing Act;

3.                  Harrow Council’s Licensing Policy;

4.                  oral representations made by the parties at the hearing;

5.                  representations in writing, including the papers provided to the Panel on the morning of the hearing (on behalf of the Crazy Horse and the Metropolitan Police);

6.                  powers available to the licensing authority for the promotion of the licensing objectives

the Panel decided to suspend the premises licence, modify the conditions of the premises licence, and reduce the timings for licensable activities and hours open to the public.

Suspension of licence

The premises licence would be suspended for a period of 2 weeks.

Modification of conditions on the licence (see italicised parts)

Condition 4 be modified to read:

The premises will maintain a comprehensive CCTV system, to the standards recommended by the Police, that ensures that all entry and exit points and the street environment immediately outside the premises are recorded.  The recording will enable frontal identification of every person entering in any light condition.  All cameras shall continually record whilst the premises are open to the public and the recordings shall be kept available for a minimum of 31 days with time and  ...  view the full minutes text for item 84.