Agenda and draft minutes

Venue: Hendon Town Hall, The Burroughs, London NW4 4BQ

Contact: Governance Service Email: governanceservice@barnet.gov.uk 

Items
No. Item

1.

Appointment of Chairman

Minutes:

RESOLVED that Councillor John Hart be appointed as Chairman.

2.

Absence of Members (If any)

Minutes:

None.

3.

Declaration of Members' Disclosable Pecuniary interests and Non Pecuniary interests (If any)

Minutes:

None.

4.

Licensing Sub-Committee Hearing Procedure pdf icon PDF 77 KB

Minutes:

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

5.

Review of Premises Licence – PND Express, Hendon Way, London, NW4 3LH pdf icon PDF 1 MB

Minutes:

The Committee considered an application to review a premises licence under Section 51 of the Licensing Act 2003.

 

An amended Matters for Decision was circulated, as an incorrect version was included with the agenda.

 

 

 

 

6.

Motion to exclude the Press and Public

Minutes:

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).

7.

Deliberation by the Sub-Committee in Private Session

Minutes:

The Sub-Committee deliberated in private session, accompanied by the Officers from HB Public Law and the Governance Officer.

8.

Re-admission of the Press and Public: Announcement of the decision of the Sub-Committee

Minutes:

This is a review of the premises licence for PND Express 403 Hendon Way London NW4 3LH. It has been brought by the Licensing Department of the London Borough of Barnet acting as a Responsible Authority under the Licensing Act 2003.

 

The application cites two of the licensing objectives, the prevention of children from harm and the prevention of crime and disorder. In particular it refers to inspections of the premises carried out on 10 and 31 May, and 15 July 2017 during which various breaches of the licence conditions were noted. The concern for the Licensing team is that on the 3rd visit many of the breaches previously notified in writing to the premises were still evident. These included a requirement for price labelling showing the name of the premises, a refusals book being kept up to date, signage showing that CCTV was in operation, that no street drinkers would be sold alcohol, that no strong beers (over 6%) would be sold, nor single cans of alcohol, that there should be no loitering outside the premises, and that a challenge 25 system was in operation. The existence of such a policy was required, as was a notice asking customers to leave quietly, and that there be staff training in respect of licensing laws and regulations. These breaches were exacerbated by the premises failing a test purchase operation on 28 July when a minor was sold alcohol without challenge by the premises licence holder and DPS Mr Pahithran Selvarajah. There is a statement from the Police concerning this incident.

 

The premises have had a troubled past. In November 2016 the premises licence was revoked following a review hearing at which information was heard concerning drugs and drug paraphernalia being found on the premises and in car owned by a member of staff found just outside the premises. In February 2017 the premises licence was granted to Mr Selvarajah with conditions. It was noted that although he had been working on the premises at the time of the problems leading to the revocation he had not actually owned the premises and did not have full control of the business. The concerns of the Police were noted however (and shared by the Panel) and Mr Selvarajah could have been in little doubt as to what was required of him and what his responsibilities were.

 

The guidance to the Licensing Act makes it clear that sales of alcohol to underage customers are to be regarded as serious and possibly leading to revocation even on first instance (Paragraph 11.27). There is no evidence of persistent sales as set out in paragraph 11.30 although it is noted that the paragraph does refer to a challenge 25 policy being operated so as to prevent such sales.

 

In response Mr Selvarajah states that he has been confused as to all of the requirements on the Licence, but has found an agent that he is comfortable with and has passed subsequent test purchases. In addition the  ...  view the full minutes text for item 8.

9.

Any other Item(s) the Chairman decides are urgent

Minutes:

None.