Agenda and minutes

RESOLVED: That Councillor Brian Salinger be appointed as Chairman.

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The Chairman noted the procedure following an introduction of the members of the sub-committee, the officers, responsible authority and the licensee.

The Sub-committee considered a Review of the Premises Licence for Fine Foods, 78 Colindale Avenue, London, NW9 5ES, together with submissions from the Licensing Officer, Licensee and Responsible Authority.

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 retired to deliberate 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.

The parties to the application were readmitted to the meeting and the Chairperson conveyed the Sub-Committee’s decision as follows:

This was an application for a summary expedited review of the premises licence for Fine Foods, 78 Colindale Avenue, London, NW9 5ES. The application for the review of the premises licence under section 53A of the Licensing Act 2003 was made by the Metropolitan Police due to the premises being associated with an alleged serious crime. In particular, the necessity for an expedited review was as a result of an alleged serious crime that took place on the evening of Thursday 29^th September 2016 at 23:10 hours.

Under section 53A of the Licensing Act 2003, the licensing authority was required to hold a hearing within 48 hours of receipt of the senior officer’s application, and consider whether it was necessary to take interim steps pending determination of a review of the premises licence.  An interim hearing was held at Hendon Town Hall on Wednesday 5th October 2016 at 13.00 hours in order for a licensing sub-committee to determine what interim steps should be taken to prevent serious crime recurring at the premises. The Sub- Committee’s view was that immediate measures were necessary to prevent serious crime recurring as well as to promote the licensing objectives of the prevention of crime and disorder. The Sub-Committee agreed that in the circumstances, the only measure that would promote the licensing objective of the prevention of crime and disorder and in addition serious crime and serious disorder from recurring at the premises was the immediate suspension of the premises licence. The suspension would take immediate effect pending the determination of any review.

Pursuant to section 53A of the Licensing Act 2003, a full review of the premises licence must be held within 28 days of receipt of the application.  At this hearing, the licensing authority were required to consider what steps its considered appropriate for the promotion of the licensing objectives; and decide which interim steps (if there are any) cease to have effect altogether or become the subject of any steps which it considers are appropriate when making its determination on the review. 

The review hearing took place on Tuesday 1^st November 2016.  At the outset of the hearing, Mr Iqbal requested an adjournment on the grounds that his solicitor was unable to attend today’s hearing and that he had only been notified of the hearing date on Saturday 29^th October 2016.  The Sub-Committee retired to consider this request and following legal advice this request was refused.  Under regulation 11 and 12, the licensing authority may adjourn a hearing to a specified date where it considers this to be in the public interest.  However, this general rule is subject to regulation13 which states that an authority may not exercise its powers under regulations 11 and 12 in such a way that the effect will be that it would fail to reach a determination on a review under section 53A (summary reviews  ...  view the full minutes text for item 8.

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