Agenda and minutes

To appoint a Chairman for the purposes of this meeting.

RESOLVED: That Councillor Mano Dharmarajah be appointed Chairman for this 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 there were no declarations of interest 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 15, 16 and 17 (Part 4B of the Constitution) respectively.

Procedure to be followed at an oral hearing.

The Chairman 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.

Report of the Corporate Director of Environment and Enterprise.

In attendance:

RESOLVED:  That taking into account the:

·                     Licensing Act 2003;

·                     Guidance under Section 182 of the Licensing Act;

·                     Harrow Council’s Licensing Policy;

·                     Human Rights Act 1998,

·                     Written and oral representations by all the parties

·                     And the Licensing Objectives pertaining to the prevention of crime and disorder and the prevention of public nuisance

1.                  the premises licence be modified by amending the hours open to the public and the hours for licensable activities to the following:

2.                  the following condition be added to the premises licence:

            An appropriate automatic noise control device must be fitted to all amplified sound equipment, the device and its installation to be approved by Community and Environmental Services

REASONS:  The Panel considered the applicant’s request for a variation to the licence and the representations made by all the parties.

The Panel concluded that the record of the management of the premises had been satisfactory and the Panel were content with the measures already in place to prevent public nuisance.

The Panel considered representations about the nuisance and noise issues residents faced from customers leaving the premises, and also whether these customers came from other premises in the area.  The Panel accepted that not all nuisance caused to the residents would have been from customers from the applicant’s premises.

The Panel felt that a 30 minute drinking up time would be more appropriate, particularly to improve the dispersal of customers and therefore contribute to the prevention of public nuisance.

The Panel took into account the applicants representations regarding their acceptance of suggested conditions by the Environmental Health Authority and felt this was an appropriate condition to promote the prevention of public nuisance.

The Panel considered that its decision promoted the licensing objectives pertaining to the prevention of crime and disorder and the prevention of public nuisance.