Agenda and minutes

Councillor Claire Farrier, seconded by Councillor Wendy Prentice nominated Councillor John Hart to preside as Chairman for the meeting.

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The Chairman explained the procedure that would be followed for the meeting.

RESOLVED that the parties be excluded from the meeting, together with the press and public, in accordance with regulation 14(2) of the Licensing Act 2003 (Hearings and Regulations) 2005.

The Sub-Committee deliberated in private session, accompanied by officers from HB Public Law and the London Borough of Barnet Governance Service.

The parties to the application were readmitted to the meeting and the chairman conveyed the Sub-Committee’s decision as follows:

“This is an application for a new premises licence in respect of 1277 High Road Whetstone N20 9HS. It is clear that there have been negotiations between the applicant, the Police and the Noise Nuisance team of the Council, as a result of which the application has been considerably amended and the representations from those bodies withdrawn.

There are still 48 representations to be considered, 1 from the local MP the Rt Hon.Theresa Villiers, 4 from Ward Councillors, and 43 from residents.

There are limitations on what the Panel is allowed to consider under the Licensing Act and subsequent amendments. Some of the representations refer to the facilities for dancing, to shisha being used and to issues with parking. None of these are activities that we may take into account. Reference has been made to squatters causing a nuisance but clearly this is not a factor that will affect the current application.  In addition we may not consider issues that are in reality planning issues.  No representation has been received from the Health Trust, which must be our main guide in medical health issues. We cannot give any weight to representations referring to the health risks of alcohol or shisha without specific and clear evidence that this will undermine the licensing objectives insofar as this application is concerned.

Many of the representations refer to the history of the premises. Indeed the residents have been subjected to a great deal of nuisance caused by previous establishments. The licence was revoked in 2014 and the residents fear a return to the problems they experienced before. We must treat each application on its merits and not be governed by history, albeit recognising that this is a residential area and care must be taken in safeguarding the residents and their understandable concerns.

The residents have complained about the anti-social behaviour and noise caused by previous nightclubs on the premises. A major fear seems to be that the premises will again be a nightclub. It is fair to say that this concern was shared by the Police and Noise Nuisance Team in that many of the conditions and amendments made are designed to make sure that the premises are not used as a nightclub. The hours applied for have been curtailed and alcohol will only be served to customers seated at a table in the lounge or restaurant areas. This does not in itself prevent customers from drinking without a meal.

Insofar as noise from the premises is concerned the earlier hours should assist but it is noted that conditions have been agreed that all doors and windows are to remain closed save for entering and exiting the premises, and that a noise limiter will be installed ensuring that the level of music will be background only. This is more appropriate for a restaurant.  The application for live music has been withdrawn.

There is a  ...  view the full minutes text for item 8.

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