Agenda and draft minutes

RESOLVED that Councillor Alison Cornelius be appointed as Chairman.

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

The Sub-Committee heard detailed submissions from Licensing as the Responsible Authority, the Licensing Officer, and in addition have read their report and the licensee’s written representations. The Sub-Committee heard representations from the Licensee, Mr Karshe Mohamed and his agents; Graham Hopkins and Linda Potter, Duty Licencing Consulting.

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 the Officer from HB Public Law and the Governance Officer.

This is an application for a review of the premises licence in respect of the Lounge 404, 26-28 Cricklewood Lane London NW2 1HB (hereinafter referred to as “the Premises”) pursuant to s.51 of the Licensing Act 2003. 

A written objection was received from the Licensing Department of the London Borough of Barnet in relation to:

·         The Prevention of Crime and Disorder

·         The Prevention of Public Nuisance.

A representation has also been received from the Food, Health and Safety Team in relation to contraventions to the smoke free legalisation that have been witnessed at the premises, breaches of Health and Safety Legalisation are relevant to the licensing objectives of Prevention of Crime and disorder and Public Safety.  There was also a written representation from the Police Licensing Team.

The Sub-Committee have also had due regard to the letter from Environmental Health dated 17 April 2018 concerning breaches of Health and Safety Legislation on 26 October 2017, 12 February 2018 and 15 February 2018 in relation to shisha pipes and the fact that a Prohibition notice under the Health and Safety at Work etc Act 1974 was served on Mr Karshe Mohamed.

Mr Karshe Mohamed, the DPS has also submitted a written representation dated 3 May 2018.  He obtained a personal licence on 11 January 2018 and became the designated premises supervisor on 21 February 2018. In his representations he conceded his mistake about the shisha pipes and has taken steps to ensure that it does not happen again, he explained that the problems with breaches of the operating hours occurred when he was out of the country attending to his mother’s health.  He states that it is his intention to convert the premises into a restaurant. He also exhibits an email from the Cricklewood Groves Residents’ Association dated 30 April 2018, which highlights improvements since he took over the licence, but still raising concerns about incidents of the groups lurking around after closing, premises being open after permitted hours and shisha smoking indoors.  The Sub-Committee gave due regard to the continuing concerns of local residents.

During the panel hearing, the Sub-Committee heard from Mariesa Connolly, the licensing officer who presented her report on behalf of the authority.  Mr Dan Pattenden gave evidence on behalf of the responsible licensing authority and proposed to the Sub-Committee numerous conditions which he wanted the Sub-Committee to consider if they were minded to allow the licence to continue. 

Mr Mohamed attended and was represented by Graham Hopkins from GT Licensing Consulting.  Mr Hopkins made representations on his clients’ behalf and Mr Mohamed answered questions from the sub-committee.  Mr Hopkins stated on behalf of Mr Mohamed that his client would be prepared to agree to all of the conditions proposed by the responsible authority.  It was noted by the Sub-Committee that responsible authority’s conditions were virtually the same as the conditions which had already been proposed by Mr Mohamed in his representations, save for the fact that it was proposed that the licensable activity of playing recorded  ...  view the full minutes text for item 8.

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