Agenda and draft minutes

Councillor Claire Farrier, seconded by Councillor Agnes Slocombe nominated Councillor John Hart as Chairman of the meeting.

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

The Committee considered the application for a new premises license for Wallace Bar, 1023 Finchley Road, London, NW11 7ES. The Committee heard submissions form the Licensing Officer, the Responsible Authority, the Applicant, the Applicants representatives and public residents objecting to the decision.

Councillor Claire Farrier moved a motion to exclude the press and public in order to discuss the exempt item. The motion was seconded by the Chairman.

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 press and public were re-admitted to the meeting after discussion of the exempt item.

All parties were told that the Sub-Committee would deliberate in private session with the legal officer and governance officer.

The parties were informed that they would receive written notice of the decision within 5 working days.

The Sub-Committee deliberated in private session with both the Legal Officer and Governance Officer present.

This is an application for a new premises licence in respect of The Wallace Bar, 1023 Finchley Road, London, NW11 7ES (hereinafter referred to as “the Premises”). The details are set out in the application form but in essence it requests both live and recorded music, and the sale of alcohol.

Objections were received from three responsible authorities: the Police, Environmental Health and the Licensing department of the London Borough of Barnet. Environmental Health and Licensing have withdrawn their representations having agreed with the Applicant conditions to be inserted in the operating schedule. It should be noted that as part of that agreement it is now a condition agreed by the Applicant that the only music to be played at the Premises is ambient background music and that neither live nor recorded music will be played at the Premises for the purposes of entertainment. The Applicant also agrees that sales of alcohol will be for consumption on the Premises only.

There have also been 27 objections to the Application from local residents and one representation in favour of the Application.

The Sub-Committee notes that the Premises licence was revoked on 9 November 2016 following a review at which various breaches of the licence conditions were cited. That decision is now subject to an Appeal to the Magistrate’s Court which is due to be heard on 5 September. This Application is not made by the current premises licence holder or DPS and must be treated on its merits.

It is clear however that the Premises has a chequered past. There have been persistent complaints from residents about noise emanating from the Premises; noise abatements notices were served and there have been attendances by Environmental Health that detected a statutory noise nuisance.

The Police refer to consistent breaches of the licensing conditions and the involvement of the applicant Mr Ardekani in the running of the premises during these breaches. They also refer to an incident on 18 February 2017 involving the Applicant and carried out at the Premises after he had consumed alcohol, for which the Applicant accepted a caution.

The objections from local residents are almost entirely on a template letter which has been signed by various objectors. There is one objection not using the template. The objectors refer to the problems with the Premises since 2005, including noise nuisance from music, customers drinking and/or smoking outside the premises and leaving the premises. There were fights late at night and intimidating crowds outside. Stricter conditions were imposed on the Licence in 2013 but the Objectors state that these conditions were often breached and that loud music could be heard inside their homes both before and after the music was supposed to have ended. Contrary to the conditions on the licence windows and doors have been left open enabling noise to escape and annoy residents. Customers have used the fire escape to drink, smoke and/or leave the premises causing late night noise. It seems that when the matter is referred back to  ...  view the full minutes text for item 9.

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