Licensing (2003 Act) Sub-Committee
Wednesday 8th August 2012 10.00 a.m.
Venue: Council Chamber, Newham Town Hall, East Ham, E6 2RP. View directions
Contact: Barry Ray, Acting Head of Committees and Partnerships Tel: 020 3373 1257. E-mail: firstname.lastname@example.org
Declarations of Interest
There were no declarations of interest.
Review of Premises Licence – Applicant: Metropolitan Police Licensing Unit.
The hearing commenced at 12.55 pm.
The following were present at the hearing:
The Licensing (2003 Act) Sub-Committee were asked to hear and determine an application for the Review of the Premises Licence for Club Diamondz, 85 – 87 Woodgrange Road, London, E7 and any valid representations that had been made.
Before proceeding, Councillor Corbett noted that the Metropolitan Police would be seeking to present a DVD showing recordings of CCTV footage of Club Diamondz. Councillor Corbett asked whether Miss Gordon had had the chance to see the recordings prior to the meeting and whether she was happy to accept the Police’s position in respect of those recordings. As Miss Gordon indicated that she was not happy with this approach, Councillor Corbett informed that during the hearing, all parties would relocate to Committee Room 1 to view the footage.
Mr Hunt presented the statement on behalf of the Council.
The review application was submitted by the Metropolitan Police Licensing Unit Team as a responsible authority which was received by the Licensing Team on 15 June 2012; a copy of which was attached as Appendix A to the report. The application was advertised by the Licensing Team by means of notices in the immediate vicinity of the premises.
The grounds for the review were on the Licensing Objectives of the Prevention of Crime and Disorder; the Prevention of Public Nuisance, and Public Safety. The Police had also submitted CCTV footage that was available for Members of the Sub-Committee to view.
The premises has had a licence since16 April 2007, originally held in the name of Mr Khalil Ahmed Butt. On 21 October 2010, the Metropolitan Police as a responsible authority called the Premises Licence in for a review following a number of incidents at the venue. Following the Review Hearing by the Licensing (2003 Act) Sub-Committee on 15 December 2010, the Sub-Committee reduced the hours of licensable activities; imposed new conditions and suspended the Premises Licence for 3 months; the decision letter was given to Mr Butt on 17 December 2010. The Premises Licence Holder had 21 days from 17 December 2010 to appeal against the decision. No appeal was lodged and the suspension of the Licence ran from 10 January 2011 until 10 April 2011.
On 17 December 2010, the Premises Licence was transferred from Mr Butt into the name of Ms Jannette Gordon. Officers from the Council’s Licensing Team and from the Metropolitan Police Pro-Active Licensing Team visited the premises on Saturday, 4 June 2011; there were a number of breaches on the Licence which resulted in a s19 Closure Notice being issued.
On 8 June 2011, Miss Gordon attended the Licensing Team’s office where officers sat down with Miss Gordon and explained the ... view the full minutes text for item 2.
New premises license.
The Members of the Licensing (2003 Act) Sub-Committee were asked to hear and determine an application for a new Premises Licence for Economic Store, 22 Barking Road, London, E6 3BP and any valid representations that had been made.
Mr Hunt presented the statement on behalf of the Council.
An Application for a new Premises Licence was received by the Licensing Authority on 15th June 2012. This was advertised at the premises and in the local newspaper; a copy of the application was attached as Appendix A to the report. The application was for:
Supply of alcohol (Off the premises):
Monday to Sunday 24 hours per day
Premises opening and closing times:
Monday to Sunday - 24 hours per day
The Council’s Planning Team made representations on the Licensing Objectives of the Prevention of Crime and Disorder and Public Nuisance. A copy of their letter was attached as Appendix B to the report.
The Council’s Trading Standards Team made representations on the Licensing Objective of the Protection of Children from harm. A copy of their letter was attached as Appendix C to the report.
The Council’s Noise and Nuisance Team made representations on the Licensing Objective of Public Nuisance. A copy of their letter was attached as Appendix D to the report.
The Metropolitan Police Pro-active Licensing Team made representations on the Licensing Objectives of the Prevention of Crime and Disorder and Public Nuisance. A copy of their letter and supporting statement was attached as Appendix E to the report
Comments of the Legal Officer
Where premises lie within a Cumulative Impact Zone (CIZ), there is a rebuttable presumption that applications for a new premises licence or club certificate or variations in respect of such premises would normally be refused, unless the applicant can demonstrate in their operating schedule that there will be no negative impact on one or more of the licensing objectives.
At the hearing, Members of the Sub-Committee would need to be satisfied that the applicant has demonstrated this.
The cumulative impact of premises can only be considered where relevant representations are made. This means that, if there are no relevant representations, the application must be granted even if it is within a CIZ.
Members of the Sub-Committee should note that each application within a CIZ needs to be considered on its own merits and that blanket refusals cannot be made.
Where the Licensing Authority decides to impose conditions on a licence (whether in a CIZ or not), such conditions must be appropriate and proportionate for the promotion of the Licensing Objectives. Conditions should be clear and unequivocal.
The Secretary ... view the full minutes text for item 3.