Agenda and minutes

RESOLVED – that Councillor John Marshall be appointed Chairman for this Licensing Sub-Committee

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

The sub-committee considered a Review of the Premises License for Red & Black Restaurant, 682 High Road, N12 9PT (“the Premises”).

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 officers from HB Public Law and the London Borough of Barnet Governance Service.

This is an application for a review of the premises licence for Red & Black restaurant, 682 High Road, London N12 9PT (“the Premises”).   The Premises licence holder is Mr Stefan Gega.

The sub-committee members had reviewed all the representations and were present throughout the remote hearing and could see and hear everything.

Prior to the commencement of the hearing the sub-committee was informed that Mr Gega was not in attendance and the Licensing Authority had not received any communication from Mr Gega in relation to the review application, the representations that had been made or whether or not he was going to attend or wanted to attend the hearing or anything else explaining his non-attendance.   Mr Gega was still not in attendance when the hearing began.

The sub-committee considered the issue of whether or not to adjourn the meeting, balancing the public interest in ensuring a person has a right to a fair hearing and to have an opportunity to respond to the representations that had been made.  On the other hand, there was the public interest in proceeding with the hearing in the absence of Mr Gega due to the serious allegations made in the review application in regards to the use of the Premises.  It was also noted that the representations indicate a general lack of engagement by Mr Gega with the Licencing Authority.  On balance the sub-committee was of the view that the public interest lay in favour of continuing with the hearing in the absence of Mr Gega. It was noted by members that the Licencing Authority, the police, a Ward councillor and a member of the public who had also made a representation were all in attendance.

Turning to the review application, this was submitted by the Licencing Authority following numerous complaints of reported breaches of the premises licence.  The application was made on the basis of the prevention of crime and disorder, the prevention of public nuisance and public safety.  The representations with supporting statements and evidence are set out in full in the Agenda documents and allege numerous breaches of the licence. 

In summary, the premises licence has been suspended from 30^th November 2019 due to the non-payment of the licence renewal fee due by that date and there was also no Designated Premises Supervisor (“DPS”) for the Premises from 29^th November 2019 due to the DPS asking to be removed from the premises licence.  Therefore, all bar a few of the reported incidents set out in the representations occurred when the premises licence was suspended and there was no DPS in place.   Even if the premises licence and a DPS were in place, the incidents reported in the representations set out numerous breaches of the licence conditions such as reports of remaining open beyond permitted hours, playing music beyond licenced hours, playing music at loud volumes such as to cause a nuisance.  These are set out in full in the Agenda documents.

In addition, it is  ...  view the full minutes text for item 8.

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