Agenda and minutes

That Councillor Primesh Patel be appointed Chair of the Licensing Panel Hearing.

[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 Chair 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 Chair and Members who took no part in the previous meeting’s proceedings. The process referred to at (1) above provides appropriate approval scrutiny].

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, 18 May 2016.  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.]

The Chair asked the Panel Members, officers, Responsible Authority 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, Community Directorate.

In attendance:

The Licensing Panel carefully considered all of the relevant information including the written representations by Ms Sujita Dunning for the Environmental Health Authority in relation to the Statutory Nuisance at the premises and the Abatement Notice issued.   The Panel also considered the oral representations made by Mr & Mrs Kirkbride and Mr Knights, in relation to steps that had been taken following the issue of the Abatement Notice and that the complaints were not in connect with events held at the Club.

It was

RESOLVED:  That taking into account:

-               the Licensing Act 2003 and the steps appropriate to promote licensing objectives;

-               the guidance issued under section 182 of the Licensing Act;

-               Harrow Council’s Licensing Policy;

-               the Human Rights Act 1998

the Panel has resolved not to give a counter notice, thereby allowing the temporary event on 2 July 2016 to take place.

REASONS:  The Panel was satisfied, in the circumstances presented, that the public nuisance objective would not be undermined.  The Statutory guidance refers to public nuisance, where appropriate, as including circumstances which include a reduction of the living and working amenity and the environment of other ‘persons’ living and working in the area surrounding the Pinner Green Social Club.  The Panel was not satisfied that this had occurred in the circumstances.

The Panel concluded that the abatement notice issued for statutory nuisance was taken into account by the applicant, albeit that this was not evidence of a public nuisance.  Further, evidence presented to the Panel confirmed that there was no evidence of a statutory nuisance during the events held at the Club on the 14 May 2016 and 21 May 2016.  The Panel also felt that there was no evidence that ‘persons’ were affected by these events.  Additionally, the Panel was satisfied that the applicant had taken steps to abate the statutory nuisance and showed a commitment to continue to take steps to improve the situation.

For the reasons above the Panel was satisfied that the licensing objectives would not be undermined if the event proceeded as planned.