Agenda and minutes

RESOLVED that Councillor John Hart be appointed as Chairman.

None.

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

The Sub Committee was asked to consider an application for a New Premises Licence under section 17 of the Licensing Act 2003.

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.

The Chairman reported that the decision (below) would follow within five days.

This is an application for a new premises licence made under section 17 of the Licensing Act 2003 in relation to The Spirited Club, 33 Linden Lea, London N2 0RF (the “Premises”). 

The application is to allow the sale of alcohol for consumption off the premises only from 09:00 hours until 17:00 hours Monday to Friday and for the Premises to be open to the public between 09:00 to 17:00 Monday to Sunday.

The Premises are a residential property.  The Premises are not currently licenced and the panel notes that the licence application includes a plan of the Premises, shown at page 33 of the Report.  This appears to show the layout of the Premises and a locked cupboard located on the 2^nd floor of the Premises wherein the alcohol will be stored.

The validity of the Notice of Application (“the Notice”) displayed outside the Premises has been brought to the attention of the panel. The Notice was exhibited properly outside the Premises but upon inspection, within the consultation period, the Notice:

(i)        refers to the applicant as Sager Enterprises yet the application has been made by Richard Sager. 

(ii)       states that the register of licensing applications can be inspected at Building 4, North London Business Park, Oakleigh Road South, London N11 1NP. 

(iii)     was amended by the Applicant on 19^th July 2018 by deleting any reference to “collection”. 

Regulation 26(4) of the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005/42 details what must be included in a notice. Looking at the notice as a whole, the non-compliance aspects relate to the name of the applicant and the register location both of which have been resolved.  

Name of Applicant

The Applicant confirmed to the Panel that he is the sole director of Sager Enterprises and was set up for the purposes of working as a self-employed consultant following redundancy in 2017.  The Applicant and Sager Enterprises are one of the same person.

Register of Licensing Applications

Due to a change in location, the register is no longer kept at this address and the notices were not changed to reflect this. The Panel were advised that this has now been rectified.  Nevertheless, the Notice states that appointments to inspect the register can be made by telephoning 020 8359 7995 during office hours. The individual requesting to inspect the register was subsequently provided with all of the relevant information held on the register. 

The Licensing Act 2003 and the Licensing Act 2003 (Licensing authority’s register) (other information) Regulations 2005 (“2005 Regulations”) stipulate that the Council has to keep a register of licensing applications. However, the regulations are silent on the prescribed form and manner in which the register must be kept. The 2005 Regulations do not specify the form or the manner only that a record of the information should be contained in the register.  In any event, the information contained on the  ...  view the full minutes text for item 7.