Agenda item

Notification of decision following a Licensing Sub-committee hearing to determine an application for a premises licence submitted under s17 of the Licensing Act 2003

PREMISES: Best One, 76 High Street, Edgware, HA8 7EJ

TO:    The Applicant and all parties to the proceedings

TAKE NOTICE:

THAT following a hearing before the Licensing Sub-Committee

ON 18 December 2019

BARNET COUNCIL, as the Licensing Authority for the area in which the premises is situated, has determined as follows.

The licensing sub-committee has determined to allow the premises licence but with some changes as detailed below.

This is an application for a licence made under section 17 of the Licensing Act 2003 in relation to Best One, 76 High Street, Edgware, HA8 7EJ (the “Premises”). 

The application is for the sale of alcohol for consumption off the premises only for the following hours:

Monday – Sunday        0800hrs – 0000hrs

and for the Premises to be open to the public from 0600hrs-0000hrs each day.

The sub-committee heard from the applicant, but Mr Greene who made a representation did not attend.  No responsible authorities made any representations.

The sub-committee noted that the Premises are not currently licensed but used to be previously and this licence was revoked.  The applicant set out how they planned to operate the business and made the point that they should not be denied a licence because of concerns that Mr Greene had which related to wider issues for the council to deal with.  The applicant made the point that the issues raised could not be directly associated to this premises.

It was noted that the applicant’s agent has been in communication with the Metropolitan Police and Trading Standards and as a result conditions had been agreed to be added to the licence if granted. 

The licensing sub-committee has considered all the written and oral representations made, as well as the legislation, the statutory guidance and Barnet’s Licensing Policy.

Taking all things in to account, the Sub-Committee has decided to grant this application with the conditions agreed with the Metropolitan Police and Trading Standards with some changes as follows:

Condition 1 about CCTV be amended to the following:

CCTV shall be installed to Home Office Guidance standards and maintained in a good working condition and recordings shall be kept for 31 days and can be accessed and downloaded immediately when requested by the police or other authorised officers from Barnet Council.

The condition agreed that prevents Mr Rajamohan being involved in the running of the business or working at the premises be amended to:

Mr Nadarajah Rajamohan and Mr Suresh Kanapathi are not to be involved in the running of the business or to be working at the premises or to be allowed in the premises at any time.

Other conditions volunteered by the applicant will also be added to the licence with a slight amendment, so these will be:

All refuse will be disposed of in an appropriate manner.  Staff will be instructed to maintain all external areas in a clean and presentable manner at all times.

Notices will be displayed asking patrons to leave the premises quietly and to have respect for local residents.

No single alcohol can sales shall be permitted.  Cans of alcohol shall only be sold in minimum packs of 4.

The sub-committee also wishes to add a condition to the licence in relation to training as follows:

All staff shall be trained in relation to the sale of alcohol and in the operation of the CCTV system.  Records of training to be kept and maintained and available for immediate inspection by the police and authorised officers of Barnet Council upon request.

The issues raised by the objector cannot be directly attributable to this premises and the sub-committee would encourage the objector, and anyone else concerned, to raise anti social behaviour, littering and other such issues with Environmental Health and alcohol related issues with the Licensing Team who can consider the problems and any powers that may they may be able to use to alleviate these issues. 

The sub-committee considers that, with the conditions added to the licence, the licensing objectives will be promoted and reminds the objector that there is a mechanism whereby a review of the premises licence can be sought should this be appropriate in the future.

Right to Appeal

Any party aggrieved with the decision of the Licensing Sub-committee on one or more grounds set out in schedule 5 of Licensing Act 2003 may appeal to the Magistrate’s Court within 21 days of notification of this decision.