Agenda and draft minutes

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

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

Items
No. Item

10.

Appointment of Chairman

Minutes:

RESOLVED that Councillor John Hart be appointed as Chairman.

11.

Absence of Members (If any)

Minutes:

None.

12.

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

Minutes:

None.

 

13.

Licensing Sub-Committee Hearing Procedure pdf icon PDF 77 KB

Minutes:

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

14.

Review of Premises Licence – Wallace Bar, 1023 Finchley, London, NW11 7ES pdf icon PDF 4 MB

Additional documents:

Minutes:

The Sub-Committee heard detailed submissions from Licencing as the Responsible Authority, and the Licencing Officer. They also considered representations from the Licensee, Mr Masoud Yasini Ardekani.

15.

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)

16.

Deliberation by the Sub-Committee in Private Session

Minutes:

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

17.

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

Minutes:

 

This is an application for a review of the premises licence in respect of The Wallace Bar, 1023 Finchley Road, London, NW11 7ES (hereinafter referred to as “the Premises”) pursuant to s.51 of the Licensing Act 2003. 

 

An objection was received from one responsible authority: the Licensing Department of the London Borough of Barnet in relation to the Prevention of Public Nuisance. 

 

There have also been two representations from neighbours, one from Rachel Scott Halls and one from H. Leven and B.A.Leven, these representations relate to the Prevention of Public Nuisance.  

 

These premises have had a chequered past.  There were persistent complaints from residents about noise emanating from the Premises; noise abatement notices were served and there have been attendances by Environmental Health that detected a statutory noise nuisance. The Sub-Committee notes that the Premises licence was revoked on 9 November 2016 following a review at which various breaches of the licence conditions were cited.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 was subject to an Appeal to the Magistrate’s Court by the former licensee which was subsequently withdrawn on 19 December 2017.

 

The Sub-Committee also notes that on 22 August 2017 they considered an application for a new premises licence.  At the time the Sub-Committee refused to grant the new premises licence on the basis that they did not have any faith in the Applicant being able to uphold the Licensing Objectives. They concluded that the matters to which they had given weight outweighed the proposed conditions put forward by the Applicant and no licence would be granted.  That decision was also subject to an Appeal to the Magistrate’s Court by the current DPS Mr Ardekani.  That appeal was settled on 19 December 2017 on the basis that the premises would be subject to numerous additional licensing conditions including the following:

 

•Condition 5.1 - At all times when the premises are open there shall be at least one person who is capable of operating the CCTV system if required to do so by the Police or authorised officers of the London Borough of Barnet.

•Condition 9 - A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. The telephone number is to be made available to residents and businesses in the vicinity.

•Condition 11 - This condition relates to activities during deregulated hours and further hours permitted by the licence:

a)No live music inside or outside of the premises at any time.

b)No recorded music inside or outside of the premises at any time.

c)There will only be background music, which is at a level for ambience and not for entertainment.

 

The Sub-Committee have had regard to the written and oral representations of the responsible licensing authority. The Sub-Committee have had regard to the written representations of Rachel Scott Halls and note that she has complained about hearing music on 3 and 4 February 2018 in breach of the licensing conditions and again on 17 March 2018 when she heard music between 8pm  ...  view the full minutes text for item 17.

18.

Any other Item(s) the Chairman decides are urgent

Minutes:

None.