Agenda and minutes

RESOLVED that Councillor Alison Cornelius be appointed as Chairman.

None.

RESOLVED - That the parties be excluded from the meeting, together with the press and public, in accordance with regulation 14(2) of the Licencing Act 2003 (Hearings and Regulations) 2005.

The Sub-Committee retired in private session, accompanied by the council’s legal and governance officers, to consider the facts of the application and the measures necessary (if any) to ensure the promotion of the Licensing objectives.

Decision: BARNET COUNCIL, as the Licensing Authority for the area in which the Premises is situated, has determined to Revoke the Licence.

This was an application for a review of the Premises licence for WATLING WINES, 90 WATLING AVENUE, EDGWARE, HA8 0LU (herein after referred to as the “Premises”).  The Premises is licensed for the sale of alcohol off the Premises only.

The application for review of the Premises licence, under s.51 of the Licensing Act 2003, is made by the Metropolitan Police Department in an application dated 6^th January 2019.  The application is supported by Witness Statements from officers from the Metropolitan Police. 

The Metropolitan Police as the responsible authority say that the Licensing objectives of the Prevention of Crime and Disorder, ensuring Public Safety and the Prevention of Public Nuisance are being undermined and as such the Licence should be revoked. There are concerns regarding the ability of the Premises to promote the Licensing objective as a result of the following:

1) Repeated failure to comply with Conditions 5 to 9 of Annex 2 of the Current Premises Licence, namely a failure to install and maintain CCTV equipment, with images being retained for a period of not less than 31 days on a digital system or hard drive (capable of being burned onto a CD), and being made available to the Police and the Council on request;

2) Serving Alcohol on the Street without a Street Trader Licence to individuals known to the Licence holder to be prohibited from entering the Premises further to conditions imposed by a Criminal Behaviour Order and the individual being both vulnerable, intoxicated and a perpetrator of Anti-Social Behaviour within the vicinity of the Premises;

3) Using the Premises to sell non-duty paid/smuggled goods, in the form of illegal Romanian Cigarettes, Tobacco and Alcohol;

4) Allegations of the Licence Holder purchasing stolen goods from perpetrators of theft and Anti-Social Behaviour in the area of the Premises and selling such stolen goods to members of the public;

5) Sale of single can alcohol in contravention of an oral agreement with the Council which has greatly contributed to the congregation of street drinkers and resultant Anti-Social Behaviour in the area surrounding the Premises (although it was noted that this is not a current Licence Condition).

The Sub-Committee heard submissions from the Applicant, PC Kirby Beresford who highlighted specifically the failure of the Licence holder to comply with the conditions of the existing Licence in relation to CCTV, the discovery that the Licence Holder has been found to purchase and re-sell non-duty paid/smuggled goods from the Premises and selling alcohol on the street without a street trader licence to individuals the Licence Holder was aware were not permitted to enter the Premises as per the conditions of a Criminal Behaviour Order.

The Sub-Committee heard submissions from the Licence Holder’s Counsel who confirmed that the Licence Holder accepts that there have been failings since the granting of the Licence. It was submitted that the Premises now  ...  view the full minutes text for item 7.

None.