Agenda and minutes

Licensing Panel - Tuesday 27 October 2015 11.00 am

Venue: Committee Rooms 1 & 2, Harrow Civic Centre, Station Road, Harrow, HA1 2XY. View directions

Contact: Maria Farrell, Democratic & Electoral Services Officer  Tel: 020 8416 8050 E-mail:  maria.farrell@harrow.gov.uk

Items
No. Item

31.

Appointment of Chair

To appoint a Chair for the purposes of this meeting.

Minutes:

RESOLVED:  That Councillor Kairul Kareema Marikar be appointed Chairman of the Licensing Panel hearing.

32.

Declarations of Interest

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.

Minutes:

RESOLVED:  To note that there were no declarations of interests made by Members.

33.

Minutes

 

[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].

Minutes:

(See Note at conclusion of these minutes).

34.

Public Questions, Petitions and Deputations

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.

 

Questions will be asked in the order notice of them was received and there be a time limit of 15 minutes.

 

[The deadline for receipt of public questions is 3.00 pm, Thursday 22 October 2015. Questions should be sent to publicquestions@harrow.gov.uk  

No person may submit more than one question].

 

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

Minutes:

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.

35.

Licensing Procedures pdf icon PDF 62 KB

Procedure to be followed at a review hearing.

Minutes:

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.

RESOLVED ITEMS

36.

Application for a Review of the Premises Licence Held in Respect of Savewise Supermarket, 27 College Road, Harrow, Middlesex, HA1 1BA pdf icon PDF 201 KB

Additional documents:

Minutes:

In attendance:

 

Applicant:

Police Constable Mark Pullen, Harrow Town Centre Team

 

Police Constable Jasminder Virdi, Metropolitan Police, Licensing

Objectors’ Representative:

Robert Sutherland, Solicitor representing Licence Holders

Objectors:

Mustaq Ahmed Akbari, Licence Holder, Savewise Supermarket

 

Iltaf Ahmed Akbari, Designated Premises Supervisor (DPS), Savewise Supermarket

 

A Payman, Employee of Savewise Supermarket

Licensing Officers:

Ash Wagela, Licensing Officer, Harrow Council

 

Natasha O’Donoghue, Licensing Officer, Harrow Council

 

Maher Khan, Licensing Officer – observer

Legal Adviser to the Panel:

Andrew Lucas, Harrow Council

Democratic Services:

Daksha Ghelani, Senior Democratic Services Officer, Note taker to the meeting

 

RESOLVED:  That

 

(1)          having carefully considered all the relevant information, including:

 

·           the non-confidential and confidential reports set out on the main and the supplemental agendas, both agendas having been circulated to all parties to the hearing;

 

·           written and oral representations by all the parties;

 

·           the Licensing Act 2003 and the steps that were appropriate to promote the licensing objectives, particularly the prevention of crime and disorder and public safety;

 

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

 

·           Harrow Council’s Licensing Policy;

 

·           the Human Rights Act 1998;

 

·           the common law rules of natural justice;

 

·           the considerations in section 17 of the Crime and Disorder Act 1998;

 

the Panel agreed that the conditions of the licence be modified as follows:

 

(a)    all staff and licence holders, including any staff who were employed after the coming into effect of this condition, had mandatory training on the licensing regime prescribed by the Licensing Act 2003, including the objectives;

 

(b)    a record be kept of all staff trained and within that training was given. Refresher training be provided once a year and a record be kept of that training also;

 

(c)    the licence holders be trained by an accredited trainer which would then allow them to train their own staff;

 

(d)    training be provided within one month of 2 November 2015.  Any new employees be trained as soon as possible and within four weeks in any event.

 

Reasons:  The Panel considered that the decision promoted the licensing objectives for the prevention of crime and disorder and public safety.

 

Right of Appeal:  Any party aggrieved with the decision of the Licensing Panel on one or more of the grounds set out in schedule 5 of the Licensing Act 2003 may appeal to the Magistrates’ Court within 21 days of notification of the decision.