Agenda and minutes

To appoint a Chairman for the purposes of this meeting.

That Councillor Mano Dharmarajah be appointed Chairman 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 interest was declared:

Agenda Item 6 – Application for a Review of the Premises Licence held in respect of Monique Bar and Club, 59 High Street, Edgware, Middlesex, HA8 7DD

Councillor Husain Akhtar declared a non pecuniary interest in that he had seen the advocate for the Premises Licence Holder when he visited the Civic Centre when he was young.  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 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 Authorities and other attendees at the meeting to introduce themselves.  The Legal Adviser then outlined the procedure for the conduct of an oral hearing, which was set out in the agenda.

Report of the Corporate Director, Environment and Enterprise.

In attendance:

RESOLVED:  That in order to promote the licensing objectives, the premises licence held by SV Design and Development Limited for Monique Bar and Club, 59 High Street, Edgware, HA8 7DD be revoked.

REASONS:

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

The Panel was extremely concerned at how this premises had been run for some time, and that some of the licensing objectives had been severely undermined.  The Panel heard and read evidence about several breaches of conditions on the premises licence during this year and the very poor management of the premises.  These breaches were not challenged and indeed Counsel for the Licence Holder made no attempt to play down the activities of Mr Enus.

The Panel noted that the current premises licence holder had the licence transferred to it in September 2012 but the Panel also had significant evidence before it about the interconnections between the current licence holder and the previous one (Monique PL Ltd) including the directors of those companies.  Indeed Counsel for the respondent, Mr Grant, also confirmed there were close connections between Mr Enus, one of the directors of Monique PL Ltd, and SV Deisgn and Development Ltd and Mr Rehman, the new Designated Premises Supervisor (DPS) for the premises.  Counsel confirmed that Mr Rehman was the nephew of Mr Enus and that Mr Enus retained a commercial interest in this business as a silent partner. The Panel did not believe that Mr Enus having any interest in the business promoted the licensing objectives in view of his clear and unchallenged breaches of the terms of the licence and licensing law.

Counsel for the respondent stated that the Panel might consider that Mr Enus was not fit to run or work at this premises, a view that the new premises licence holders took, and that he should not play any part in managing or working at the premises.  The Panel strongly agreed with this. 

The Panel heard that Mr Rehman was a personal licence holder with around 3 years experience in the restaurant and off licence trade, and also heard from Mr Rehman himself as to his intentions about running the premises, if the business was allowed to continue. 

The Panel heard the video footage taken by the Licensing Service Manager on a visit  ...  view the full minutes text for item 144.