monday 6 december 2010 at 2pm sub...9. application for travelodge, 1446 high road, whetstone, london...
TRANSCRIPT
MEETING
LICENSING SUB-COMMITTEE
DATE AND TIME
MONDAY 6 DECEMBER 2010 AT 2PM
VENUE
HENDON TOWN HALL, THE BURROUGHS, HENDON, NW4 4BG
TO: MEMBERS OF THE COMMITTEE (Quorum 3)* Councillors: Alison Cornelius John Hart Agnes Slocombe *This licensing authority will only allow licensing decisions to be taken by a minimum of three Councillors. In the event of one Member being unable to attend, their place will be substituted by another Member taken from the membership of the full Licensing Committee. In the event of this substitution taking place, all parties will be informed of the change of Membership at the beginning of the hearing. You are requested to attend the above meeting for which an Agenda is attached.
Aysen Giritli - Acting Democratic Services Manager
Democratic Services contact: Jonathan Regal, 020 8359 2010 Media Relations contact: Chris Palmer 020 8359 7408
To view Agenda papers on the website: http://committeepapers.barnet.gov.uk/democracy
CORPORATE GOVERNANCE DIRECTORATE
ORDER OF BUSINESS
Item No. Title of Report Contributors
1. APPOINTMENT OF CHAIRMAN
2. ABSENCE OF MEMBERS -
3. DECLARATION OF MEMBERS’ PERSONAL AND PREJUDICIAL INTERESTS
-
4. PROCEDURE AT MEETING -
5. APPLICATION FOR Zaynzah, 148 Colney Hatch Lane, London N10 1ER (Coppetts Ward) – 2pm (approx)
Democratic Services/
Licensing Officer
6. MOTION TO EXCLUDE THE PRESS AND PUBLIC: That, under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public be excluded from the meeting whilst the sub-committee deliberate the application
7. DELIBERATION BY THE SUB-COMMITTEE IN PRIVATE SESSION
8. RE-ADMISSION OF PRESS AND PUBLIC Announcement of the decision of the Sub-Committee
9. APPLICATION FOR Travelodge, 1446 High Road, Whetstone, London (Oakleigh Ward) – 2pm (approx)
Democratic Services/
Licensing Officer
10. MOTION TO EXCLUDE THE PRESS AND PUBLIC: That, under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public be excluded from the meeting whilst the sub-committee deliberate the application
11. DELIBERATION BY THE SUB-COMMITTEE IN PRIVATE SESSION
12. RE-ADMISSION OF PRESS AND PUBLIC Announcement of the decision of the Sub-Committee
13. ANY OTHER ITEMS THE CHAIRMAN AGREES ARE URGENT
FACILITIES FOR PEOPLE WITH DISABILITIES
The Town Hall has access for wheelchair users including lifts and toilets. If you wish to let us know in advance that you will be attending the meeting please telephone Jonathan Regal on 020 8359 2010. People with hearing difficulties who have a text phone, may telephone our minicom number on 020 8203 8942. All of our Committee Rooms also have induction loops.
Fire/Emergency Evacuation Procedure
If the fire alarm sounds continuously, or if you are instructed to do so, you must leave the building by the nearest available exit. You will be directed to the nearest exit by Committee staff or by uniformed porters. It is vital you follow their instructions.
You should proceed calmly; do not run and do not use the lifts.
Do not stop to collect personal belongings.
Once you are outside, please do not wait immediately next to the building, but move some distance away and await further instructions.
Do not re-enter the building until told to do so.
LONDON BOROUGH OF BARNET
LICENSING SUB COMMITTEE
HEARINGS PROCEDURE
General points
The following procedure is based on Regulations made by the Secretary of State under the Licensing Act 2003 (“the Hearings Regulations”) which may be viewed or downloaded from the website of the
Department for Culture, Media and Sport by following links from www.culture.gov.uk
The procedure is intended as a general framework to ensure natural justice and a fair hearing. The conduct of individual hearings may vary slightly according to circumstances and the discretion of the
Chairman. In all cases, however, this general framework will be followed.
The procedure allows each party a maximum period of 5 minutes in which to present their case (Regulations 16 & 24). At the end of the time allowed, the Chairman will terminate the presentation
and the hearing will proceed in the form of a discussion led by the authority to explore points of dispute. The discussion will not be timed.
The procedure is subject to periodic review and amendment to reflect best practice and relevant
legislative changes. An updated version of this procedure is published as soon as possible following any such amendments.
Chairman Introduces him/herself and Members of the Committee, and outlines their roles.
Introduces Licensing, Legal and Democratic Services Officers. Explains that Legal and Democratic Services Officers will be present during
the Committee’s deliberations to advise only, and that the Licensing Officer will be excluded from deliberations.
Asks parties present to introduce themselves. Outlines procedure to be followed (Regulation 22). Asks all parties to confirm their understanding of the procedure. Clarifies any aspect(s) of the procedure where any parties are uncertain or
asks Legal or Democratic Services Officer as appropriate to clarify. Democratic Services Officer
Informs Committee of absent parties.
Details persons whom a party is seeking permission to represent them at hearing.
Panel confer regarding permission. Chairman announces decision regarding permission. Licensing Officer presents the report to the Committee Is a statement of the facts including details of the application and operating
schedule, relevant policy details, detail representations made, a chronology of events and highlights the points on which the Authority requires clarification.
Applicant Presents opening submissions and clarifies points raised by Authority in
notice of hearing. Time allowed 5 mins. Other parties Presents opening submissions either in person or by spokes person Time
allowed 5 mins per interested party. Note regarding use of video evidence Video evidence must be in DVD format and will form part of the relevant party's five minutes opening submission. Any party wishing to use video evidence must submit a copy to the Authority along with sufficient, identical extra copies to serve on all the opposing parties – i.e. if the applicant is submitting it, there must be enough copies for all parties making representations and if a party making representations is submitting it there must be a copy for the applicant. The recording must be edited down to the highlights, containing only relevant matter which relates to the written representation previously submitted. In addition, a description of how, when and where the video was recorded and what it contains must be submitted. These must be supplied to the Authority at least five working days before the hearing. Members question Licensing Officer on Policy Discussion Chairman leads a discussion concentrating on points of dispute: Chairman asks Applicant what he disputes in other parties’ submissions, and asks other parties to comment. Chairman proceeds through all objectors dealing with all matters of contention. When Chairman feels all matters have been thoroughly discussed and all parties have been given a fair and equal opportunity to comment and make representations, she/he closes discussion.
Determination There are two procedures depending on whether or not determination is to be made at the end of the Hearing or within five working days of the Hearing. This later announcement of determination is permitted in terms of the Legislation for certain types of applications. Chairman informs all present that the Committee will deliberate, that Legal and DSO will remain to advise but will not be part of decision-making process, and that all others must leave (under Regulation 14). Parties, apart from Legal and Democratic Services Officer, leave the room. The Committee deliberates, with advice as required from Legal and
Democratic Services Officers, and reaches a conclusion. The Legal officer may assist, as required, in formulating the wording of the determination.
Parties return. Chairman reads out determination, and advises it will be sent in writing to all
parties. Opportunity for determination to be clarified by any interested party who is
unclear. Chairman gives advice about appealing against the determination. Chairman thanks all for attending and closes the meeting. …Within five working days of the hearing Chairman explains requirement to determine the Hearing within five
workings days, and advises that the Committee will proceed to deliberate and announce the determination within that time.
During deliberations, Legal and Democratic Services Officers remain to
advise on law and procedure as required. The Legal Officer may assist, as required, in formulating the wording of the determination. The Licensing Officer plays no part in the determination and withdraws for this part of the proceedings.
Chairman advises all parties that they will receive written notification of the determination within five working days of the Hearing date, together with general information on how to appeal against the determination.
Chairman thanks all parties for attending and invites the applicant, objector(s), other party(ies) and the Licensing Officer to leave.
This version December 2007
Information on Appealing against the decision You may at any time before the expiration of a period of 21 days from notification appeal to
Hendon Magistrates’ Court, The Court House, The Hyde, Hendon NW9 7BY (Telephone 020 8511 1200, DX 154 720 Hendon 4) by way of Complaint for an Order. The Court may either dismiss the appeal, substitute for the decision appealed against any other decision which could have been made by the Licensing Authority or remit the case to the Licensing Authority to dispose of it in accordance with the directions of the court, and can make such order as to costs as it thinks fit.
AGENDA ITEM: 4 Pages 1 – 65
Meeting ing Licensing Sub-Committee Licensing Sub-Committee
Date Date 6 DECEMBER 2010 6 DECEMBER 2010
Subject Subject Zaynzah, 148 Colney Hatch Lane, London N10 1ERZaynzah, 148 Colney Hatch Lane, London N10 1ER
Report of Report of Democratic Services Manager/Licensing Officer Democratic Services Manager/Licensing Officer
Summary Summary This report asks the Sub-Committee to consider an application for a new premises licence under the Licensing Act 2003 This report asks the Sub-Committee to consider an application for a new premises licence under the Licensing Act 2003
Officer Contributors Jonathan Regal – Democratic Services (covering report)
Michelle Rudland – Licensing Officer (Licensing Officer’s Report)
Status (public or exempt) Public
Ward(s) affected Oakleigh
Enclosures Enclosure : Report of the Licensing Officer and Decision Sheets including Written Representations
For decision by Licensing Sub-Committee
Function of Council
Reason for urgency / exemption from call-in (if appropriate)
Not applicable
Contact for further information: Jonathan Regal, Democratic Services, 020 8359 2012.
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1. RECOMMENDATIONS 1.1 That the Sub–Committee consider the application for a new premises licence. 2. RELEVANT PREVIOUS DECISIONS 2.1 None. 3. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 3.1 The Council’s Licensing policy. 4. RISK MANAGEMENT ISSUES 4.1 Not applicable. 5. EQUALITIES AND DIVERSITY ISSUES 5.1 Licence applications are dealt with according to the provisions of the Licensing Act 2003
and associated Regulations which allow both applications and representations to applications to be made by all sectors of the community.
6. USE OF RESOURCES IMPLICATIONS (Finance, Procurement, Performance & Value for Money, Staffing, IT, Property, Sustainability) 6.1 None. 7. LEGAL ISSUES 7.1 Valid representations have been received to the application, which is therefore before the
Sub-Committee for consideration. 8. CONSTITUTIONAL POWERS 8.1 The Licensing Sub-Committee will discharge the functions under the Licensing Act 2003
and associated Regulations, as delegated to it by the Licensing Committee. 9. BACKGROUND INFORMATION 9.1 The application and report of the Licensing Officer and appendices are attached to this
report. 10. LIST OF BACKGROUND PAPERS 10.1 None. Legal – RH
LICENSING ACT 2003
OFFICERS REPORT
Zaynzah, 148 Colney Hatch Lane, Muswell Hill, London, N10 1ER 1. The Applicants
The application was submitted by Jafar & Co Limited or 148 Colney Hatch Lane, Muswell Hill, London, N10 1ER
2. The Application
This is an application made on 11 October 2010 under Section 17 of the Licensing Act 2003 for a new Premises Licence. The application has been amended after discussions between the Police the applicant and local residents. This has resulted in some of the hours shown below being different from those shown on the original application form. The application before you today seeks to allow the following:
Licensable Activity Hours applied for (showing amendments made)
The performance of live music indoors only
17:00hrs until 23:00hrs Mondays - Sundays
As agreed with applicants and interested parties
The playing of recorded music both indoors and outdoors
11:30hrs until 23:00hrs Mondays - Sundays
As agreed with applicants and interested parties
The performance of dance indoors only
17:00hrs until 23:30hrs Sundays to Thursdays 17:00hrs until 00:00hrs Fridays and Saturdays
As applied for in original application
The provision of Late night refreshment both indoors and outdoors
23:00hrs until 00:30hrs Sundays to Thursdays 23:00hrs until 01:30hrs Fridays and Saturdays
As agreed with Police and applicants
The sale of alcohol for consumption both on and off the premises
11:30hrs until 00:00hrs Sundays to Thursdays 11:30hrs until 01:00hrs Fridays and Saturdays.
As agreed with Police and applicants
To allow the premises to remain open to the public
11:30hrs until 00:30hrs Sunday to Thursday from 11:30hrs until 01:30hrs on Fridays and Saturdays
As agreed with Police and applicants
To allow the premises to remain open to the public
11:30hrs until 03:00hrs the following day on both Christmas Eve and New Years Eve.
As shown in original application
(the text shown in bold have show the timings amended after discussions with the Police and interested parties) A full copy of the application can be seen in Annex 1 attached to this application.
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3. Representations The Licensing Authority was in receipt of 7 relevant representations from interested parties. In general these representations relate to the likely affect that the granting of this application would have on all of the licensing objectives.
The interested party representation can be found in Annex 2 attached to this report.
4. Amendments made to the application by Interested parties during mediation The Licensing department has been acting as mediator between the applicants and all
interested parties during the application process. Mr Jafar, a director or Jafar & Co Ltd provided the licensing department with an email that was
circulated to all interested parties who had made representations. Within this document Mr Jafar outlined how he intends to operate Zaynzah and offered further information with regards to the activities that he intends to provide.
As a result of the communication between the applicants and the local residents one resident
withdrew their representation. A copy of the email sent by Mr Jafar to the licensing team which was then circulated to all
interested parties is attached to this report as Annex 3. 4. Amendments made to the application By Responsible Authorities
The applicants have been in discussions with both Sergeant Altman of Metropolitan Police and Mr Ralph Haynes of London Borough of Barnet’s Noise Nuisance Department. In addition to the amending of some of the hours applied for, the applicants have also agreed to attach the following conditions to their application.
Police conditions: Music, live music, and dancing shall only take place when there is a pre booked private
function, or to celebrate a previously arranged special occasion. A Digital recording CCTV comprising a multi camera system shall be installed at the
premises to the following specifications: The head unit (recorder) for storing the images will store such data on a hard drive or a
similar quality medium. A CD or DVD burner will also form part of the system to facilitate making copies of the
images. If the head unit (recorder) is kept on the premises it must be located in a secure cabinet
or other secure area, preferably out of the sight and reach of the public. The unit must be further secured by physical means to prevent anyone from merely picking up and removing the unit, e.g. a secure metal boot, or metal case strap, bolted to an immovable object like a wall or floor.
The quality of the images must be of a sufficiently high standard to allow identification of the subject matter.
Cameras will cover key areas identified by the operator and Police. These will include clear headshots of persons entering the premises, any bar areas, the till and entrance to the toilets.
Images must be retained for a period of 31 days before overwriting. The images will be made available in reasonable time on demand by the Police and
authorised officers of the London Borough of Barnet.
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At all times when the premises are open there shall be at least one person who is capable of operating the CCTV system if required to do so by the Police or authorised officers of the London Borough of Barnet.
This system will be fully maintained at all times to ensure correct operation. The system will be installed and fully operational no later than 8 weeks after the
premises licence has been granted. Alcohol will only be sold to and consumed by persons seated at a table. All service of alcohol will be made by waiter/waitress. There will be no vertical drinking. There shall be no bar where alcohol is sold for consumption on the premises. No alcohol may be sold from or consumed in any other area of the premises, with the
exception of persons who are seated and waiting, for a table to become vacant, or a pre-ordered takeaway meal (area to be shown on the plans).
(A copy of the agreement reached between the applicants and Sergeant mark Altman can be seen in annex 4 attached to this report)
Noise Nuisance conditions: Before the commencement of licensed activities Isolate all the amplified speakers from the
structure of the premises with resilient rubber pads and/or antivibration pads. If Environmental health receive valid noise complaints then the amplified music system in
use at the premises must include a noise limiting device which: measures the sound level in the premises by use of a tamper proof device permanently
sited at the premises. Such sound pressure levels are to be measured in octave band frequencies of 16,32,63, 125,250 and 500 Hz. ,
immediately withdraws power to the amplifier in the event that preset sound levels of any or all of the individual octave bands which have previously been agreed by the Group Manager, Public Health and Nuisance at the London Borough of Barnet, are exceeded. Such levels will be based upon inaudibility in residential properties between the hours of 2300 and 0700 hours. Outside of these times noise must not be at a level which causes a nuisance.
is permanently fixed in the premises in a location closest to nearest residential premises and cannot be altered, bypassed or tampered with in any way.
is correctly installed by a competent person, being an electrician who is enrolled with NICEIC.
includes electrical contact point switches fitted on all open able windows. Such switches to be fitted in series in a single electrical circuit loop such that in the
event of the electrical contact switches becoming separated (by a window being opened) then the power to the amplifier is withdrawn immediately.
includes electrical contact point switches fitted on all open able doors to and to include fire doors used other than to enter or leave the premises under normal circumstances. Such switches to be fitted in series in a single electrical circuit loop together with the electrical contact switches fitted to the windows, such that in the event of the electrical contact switches becoming separated (by a fire door being opened) then the power to the amplifier is withdrawn immediately.
(A copy of the email showing the agreement reached between the applicants and Mr Ralph Haynes can be found in annex 5 attached to this report)
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5. Officers Comments The licensing team have concerns that the second condition agreed with Ralph Haynes of the Noise Nuisance Department would not be enforceable and ask that the committee consider rewording it.
Statement of Policy The Council's Policy makes it clear that the decision taken by the Council will be focused on matters that are within the control of the individual licensees and others granted relevant permissions. Accordingly, these matters will centre on the premises and places being used for licensable activities and the vicinity of those premises and places. The Council will focus on the direct impact of activities taking place at the licensed premises on both adults and children lining in, working in or visiting the area concerned.
The Statutory Guidance at 2.4 and 2.39 refers to the control of behaviour away from licensed premises.
6. Attaching conditions
The operating schedule, which is part of the application, includes certain additional steps that the applicant will take to protect the licensing objectives. These will become enforceable conditions, should the licence be granted. Additional conditions may be attached to the licence if the committee thinks it appropriate.
The Committee must have regard to all of the representations made and the evidence it hears, and is asked to note that it may not attach conditions or reject the whole or part of the application merely because it considers it desirable to do so. It must actually be necessary in order to promote the licensing objectives.
In relation to conditions, the statutory guidance at chapter 10.11 states amongst other things that “The licensing authority may not impose any conditions unless its discretion has been engaged following receipt of relevant representations and it has been satisfied at a hearing of the necessity to impose conditions. It may then only impose conditions that are necessary to promote one or more of the four licensing objectives. Such conditions must also be expressed in unequivocal and unambiguous terms to avoid legal dispute.”
Full Copies of the Councils Statement of Licensing Policy, the Statutory Guidance to the Act and the Council’s Guide to Good Practice at Licensed Premises will be available at the Licensing Sub Committee hearing or in advance if required.
A map centrally locating the premises and a plan shall be made available at the hearing. Michelle Rudland Licensing Officer Tuesday 23rd November 2010 Annex 1 – Application Form Annex 2 – Interested Party Representations Annex 3 – Email sent by Applicant regarding business intentions Annex 4 – Email confirming agreement to Police conditions Annex 5 – Email confirming agreement to Noise Nuisance conditions Annex 6 – Matters for decision
ANNEX 1
APPLICATION FORM
LICENSING AUTHORITYLondon Borough of Barnet Licensing TeamLicensing Team, Building 4North London Business ParkOakleigh Road SouthLondon, N11 1NPT 020 8359 7995F 0870 889 6739E [email protected]
By post and email
ih October 2010
Dear Sir or Madam
Please find enclosed a copy of our application for a premises licence inrespect of the following property:
148 Colney Hatch LaneMuswell Hill .London N10 1ER
Kind regards
JAFAR & CO, T/a ZAYNZAH
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Application for a premises licence to be grantedunder the Licensing Act 2003
PLEASE READ THE FOLLOWING INSTRUCTIONS FIRST
Before completing this form please read the guidance notes at the end of the form.If you are completing this form by hand please write legibly in block capitals. In all casesensure that your answers are inside the boxes and written in black ink. Use additional sheets ifnecessary.You may wish to keep a copy of the completed form for your records.
I/We JAFAR & CO LTD T/A ZAYNZAH--------~---------------------------------------------------------------------------------------------------------(Insert name(s) of applicant)
apply for a premises licence under section 17 of the Licensing Act 2003 for the premisesdescribed in Part 1 below (the premises) and Ilwe are making this application to you asthe relevant licensing authority in accordance with section 12 of the Licensing Act 2003
Part 1 - Premises Details
Postal address of premises or, if none, ordnance survey map reference or description148 COLNEY HATCH LANEMUSWELL HILL
Post town T London
Telephone number at premises (if any)
Non-domestic rateable value of premises £12250
Part 2 - Applicant Details
Ipostcode IN101ER
Please state whether you are applying for a premises licence asPlease tick yes
a)
b)
c)
d)
an individual or individuals * 0 please complete section (A)
a person other than an individual *
i. as a limited company C8J please complete section (B)
ii. as a partnership 0 please complete section (B)
iii. as an unincorporated association or 0 please complete section (B)
iv. other (for example a statutory corporation) 0 please complete section (B)
a recognised club 0 please complete section (B)
a charity 0 please complete section (B)
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e) the proprietor of an educational establishment
f) a health service body
g) a person who is registered under Part 2 of theCare Standards Act 2000 (c14) in respect of anindependent hospital
h) the chief officer of police of a police force inEngland and Wales
D please complete section (8)
D please complete section (8)
D please complete section (8)
D please complete section (8)
* If you are applying as a person described in (a) or (b) please confirm:
•
•
Please tick yes
I am carrying on or proposing to carry on a business which involves the use of ~the premises for licensable activities; orI am making the application pursuant to ao statutory function or Do a function discharged by virtue of Her Majesty's prerogative D
(A) INDIVIDUAL APPLICANTS (fill in as applicable)
Mr D Mrs D Miss D Ms D Other Title (forexample, Rev)
Surname I First namesI am 18 years old or over D Please tick yes
Current postaladdress if differentfrom prem isesaddress
Post Town I I Postcode IDaytime contact telephone number IE,-mail address(optional)
SECOND INDIVIDUAL APPLICANT (if applicable)
Mr D Mrs D Miss D Ms D Other Title (forexample, Rev)
Surname I First names
I am 18 years old or over D Please tick yes
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Current postaladdress if differentfrom prem isesaddress
Post Town I I Postcode IDaytime contact telephone number IE-mail address(optional)
(8) OTHER APPLICANTS
Please provide name and registered address of applicant in full. Where appropriateplease give any registered number. In the case of a partnership or other joint venture(other than a body corporate), please give the name and address of each partyconcerned.
NameJAFAR & CO LTOAddress148 COLNEY HATCH LANEMUSWELL HILLLONDON N10 1ER
Registered number (where applicable)7370570
Description of applicant (for example, partnership, company, unincorporated association etc.)COMPANY
Telephone number (if any)07852127559E-mail address (optional)[email protected]
Part 3 Operating Schedule
When do you want the premises licence to start?
If you wish the licence to be valid only for a limited period, when doyou want it to end?
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Please give a general description of the premises (please read guidance note1)GROUND FLOOR-Front Patio, Restaurant Floor, Kitchen, Staff Toilet
FIRST FLOOR- Men's Toilet, Women's Toilet, Office, Store room
- RESTAURANT AND PREMISES, INCLUDES KITCHEN AND TWO TOILETS, FRONT PATIO
If 5,000 or more people are expected to attend the premises at any Ione time, please state the number expected to attend. ~-------
What licensable activities do you intend to carry on from the premises?
(Please see sections 1 and 14 of the Licensing Act 2003 and Schedules 1 and 2 to theLicensing Act 2003)
Provision of reQulated entertainment
a)
b)
c)
d)
e)
f)
g)
h)
plays (if ticking yes, fill in box A)
films (if ticking yes, fill in box B)
indoor sporting events (if ticking yes, fill in box C)
boxing or wrestling entertainment (if ticking yes, fill in box D)
live music (if ticking yes, fill in box E)
recorded music (if ticking yes, fill in box F)
performances of dance (if ticking yes, fill in box G)
anything of a similar description to that falling within (e), (f) or (g)(if ticking yes, fill in box H)
Please tick yes
oooor8J
r8J
r8J
oProvision of entertainment facilities:
i) making music (if ticking yes, fill in box I)
j) dancing (if ticking yes, fill in box J)
k) entertainment of a similar description to that falling within (i) or U)(if ticking yes, fill in box K)
Provision of late niQht refreshment (if ticking yes, fill in box L)
Supplv of alcohol (if ticking yes, fill in box M)
Inall cases complete boxes N, 0 and P
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oD
D
r8J
r8J
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A
Plays Will the performance of aplav take placeIndoors DStandard days and indoors or outdoors or both - please tick
timings (please read (please read guidance note 2)guidance note 6) Outdoors D
Day Start Finish Both DMon Please aive further details here (please read guidance note 3)
------------------ -------.---------
Tue------------------ -----------------
Wed State any seasonal variations for performina plavs (please read------------------ ----------------- guidance note 4)
Thur----.------------- -_.--------------
Fri Non standard timinas. Where yOU intend to use the premises------------------ ----------------- for the performance of plavs at differenttimes to those listed in
the column on the left. please list (please read guidance note 5)
Sat------------------ -----------------
Sun------------------ -----.-----------
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~-
B
Films Will the exhibition of films take place indoorsDStandard days and or outdoors or both - please tick (please read Indoors
timings (please read guidance note 2)guidance note 6) Outdoors D
Day Start Finish Both DMon Please aive further details here (please read guidance note 3)
-.--.------------- -----------------
Tue------------------ -----------------
Wed State any seasonal variations for the exhibition of films (please------------------ ---------_.~----- read guidance note 4)
Tl1ur------------------ -----------------
Fri Non standard timinas. Where yOU intend to use the premises------------------ -----_.---------- for the exhibition of films at different times to those listed in the
column on the left. please list (please read guidance note 5)Sat
------------------ -----------------
Sun----_.------------ -----------------
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cIndoor sporting events Please aive further details (please read guidance note 3)Standard days andtimings (please readguidance note 6)
Day Start Finish
Mon------------.----- ---------.-------
Tue State any seasonal variations for indoor sportina events (please------------------ ----------.------ read guidance note 4)
Wed------------------ -----------------
Thur Non standard timinas. Where you intend to use the premises--------------.--- -------~--------- for indoor sportina events at different times to those listed in
the column on the left. please list (please read guidance note 5)
Fri---------_.------- -----------------
Sat------------------ -----------------
Sun------------------ -----------------
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14
D
Boxing or wrestling Will the boxinQ or wrestlinQ entertainmentIndoors 0entertainments take place indoors or outdoors or both -
Standard days and please tick (please read guidance note 2)timings (please read Outdoors 0guidance note 6)
Day Start Finish Both 0Mon Please Qive further details here (please read guidance note 3)
------------------ -----------------
Tue------------------ ----------------..;
Wed State any seasonal variations for boxinQ or wrestlinQ-------------.---- ----------------- entertainment (please read guidance note 4)
Thur------------------ -----------------
Fri Non standard timinas. Where yOU intend to use the premises-------------.---- --------------.-- for boxina or wrestlinQ entertainment at different times to those
listed in the column on the left, please list (please read guidanceSat note 5)
----------_.------ -----------------
Sun------------------ -----------------
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E
Live music Will the performance of live music take placeStandard days and indoors or outdoors or both - please tick Indoors [8Jtimings (please read (please read guidance note 2)guidance note 6) Outdoors 0Day Start Finish Both 0Mon 17:00 23:30 Please aive further details here (please read guidance note 3)
------_.-._------- ----------------- Occasionally we may bring live sitar players and/or Indian musiciansto play music. This will be for special events or if there is a special
Tue 17:00 23:30 party. We will keep the music fitting with the ambience Le. calm and------------------ ----------------- peaceful, not loud club/party music.
Wed 17:00 23:30 State any seasonal variations for the performance of live music------------------ ----------------- (please read guidance note 4)
NoneThur 17:00 23:30
----.------------- -----------------
Fri 17:00 00:00 Non standard timinas. Where you intend to use the premises-----._----------- ----------------- for the performance of live music at different times to those
listed in the column on the left. please list (please read guidance
Sat 17:00 00:00 note 5)-------------_._-- ----------------- Not applicable
Sun 17:00 23:30------------------ .----------_.----
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~~~~~~---------------------------------------'~~
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F
Rlecorded music Will the playina of recorded music take placeStandard days and indoors or outdoors or both - please tick Indoors Dtimings (please read (please read guidance note 2)guidance note 6) Outdoors D
Day Start Finish Both [gJMon 11:30 01.00 Please aive further details here (please read guidance note 3)
------------------ -~-------------- We would like to play recorded music in and outside the restaurant.Again this would be in keeping with the ambience of the restaurant,
Tue 11:30 01:00 i.e. calm and peaceful, not loud party music with low volume------------------ _____ w ___________ background music
Wed 11:30 01:00 State any seasonal variations for the playina of recorded music------------------ ----------------- (please read guidance note 4)
Not applicable .Ttlur 11:30 01:00
------------------ -----------------
Fri 11:30 02:00 Non standard timinas. Where yOU intend to use the premises------------------ ----------------- for the playina of recorded music at different times to those
listed in the column on the left. please list (please read guidance
Sat 11:30 02:00 note 5)------------------ ----------------- Not applicable
Sun 11:30 01:00------------------ -------.---------
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G
Performances of Will the performance of dance take place[g]dance indoors or outdoors or both - please tick Indoors
Standard days and (please read guidance note 2)timings (please read Outdoors Dguidance note 6)
Day Start Finish Both DMon 17:00 23:30 Please Qive further details here (please read guidance note 3)
------------------ --------_.-.----- Occasionally for special occasions we may have Indian classicaldancers inside
Tue 17:00 23:30------------._---- -----------------
Wed 17:00 23:30 State any seasonal variations for the performance of dance------------------ .-.-------------- (please read guidance note 4)
Not applicableThur 17:00 23:30
------------------ ----------------.
Fri 17:00 00:00 Non standard timinQs. Where yOU intend to use the premises--_.-------------- ----------------- for the performance of dance at different times to those listed in
the column on the left. please list (please read guidance note 5)Sat 17:00 00:00
------------_.---- -----------------
Sun 17:00 23:30------------------ -----.-----------
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18
H
Anything of a similar Please aive a description of the type of entertainment YOUwilldescription to that be providinQfalling within (e), (f) or(g)Standard days andtimings (please readguidance note 6)
Day Start Finish Will this entertainment take place indoors or Indoors 0Man
outdoors or both - please tick (please readOutdoors 0guidance note 2)
-------------.---- -----------------Both 0
Tue Please aive further details here (please read guidance note 3)------------------ -----------------
Wed------------------ -----------------
Thur State any seasonal variations for entertainment of a similar------------------ ----------------- description to that fallina within (e), (f) or (a) (please read
guidance note 4)
Fri------------------ -----------------
Sat Non standard timinas. Where yOU intend to use the premisesfor the entertainment of a similar description to that falling
------------------ ----------------- within (e), (f) or (a) at different times to those listed in thecolumn on the left, please list (please read guidance note 5)
Sun
------------------ -----------------
12
19
Provision of facilities Please aive a description of the facilities for makina music youfor making music will be providinaStandard days andtimings (please readguidance note 6)
Will the facilities for makina music be Indoors Dindoors or outdoors or both - please tick(please read guidance note 2) Outdoors D
Day Start Finish Both DMon Please aive further details here (please read guidance note 3)
------------------ --------------_.-
Tue--------_.-------- -----------------
Wed State any seasonal variations for the provision of facilities for------------------ ----------------- makina music (please read guidance note 4)
Thur------------------ -----------------
Fri Non standard timinas. Where you intend to use the premises------------------ ----------------- for provision of facilities for makina music at different times to
those listed in the column on the left. please list (please readSat guidance note 5)
------------------ -----------------
Sun------------------ -----------------
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20
J
Provision of facilities Will the facilities for dancina be indoors or Dfor dancing outdoors or both - please tick (see guidance Indoors
Standard days and note 2)Outdoors Dtimings (please read
guidance note 6) Both DPlease aive a description of the facilities for dancina YOU will beprovidina
Day Start Finish
Mon Please aive further details here (please read guidance note 3)------~----------- ____ M ______ • _____
Tue--------_._.-.---- -----------------
Wed State any seasonal variations for providina dancina facilities------------------ ----------------- (please read guidance note 4)
Thur------------------ -----------------
Fri Non standard timinas. Where YOU intend to use the premises------------------ ---_.------------ for the provision of facilities for dancina entertainment at
different times to those listed in the column on the left, please
Sat list (please read guidance note 5)------------------ -----------------
Sun------.----------- -----------------
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21
K
Provision of facilities Please aive a description of the type of entertainment facilityfor entertainment of a you will be providinqsimilar description tothat falling within i or jStandard days andtimings (please readguidance note 6)
Day Start Finish Will the entertainment facility be indoors or Indoors 0Mon
outdoors or both - please tick (please readOutdoors 0guidance note 2)
------------------ -----------------Both 0
Tue Please qive further details here (please read guidance note 3)------------------ -----------------
Wed------------------ -----------------
Thur State any seasonal variations for the provision of facilities for
------------------ -----------------entertainment of a similar description to that fallinq within i or i(please read guidance note 4)
Fri------------------ -----------------
Sat Non standard timinas. Where yOUintend to use the premisesfor the provision of facilities for entertainment of a similar
------------------ ----------------- description to that fallina within i or i at different times to thoselisted in the column on the left. please list (please read guidancenote 5)
Sun
------------------ -----------------
15
22
L
Late night refreshment Will the provision of late night refreshmentIndoors DStandard days and take place indoors or outdoors or both -
timings (please read please tick (please read guidance note 2)guidance note 6) Outdoors DDay Start Finish Both rgJMon 23:00 01:00 Please aive further details here (please read guidance note 3)
------------------ ----------------- We intend to serve food and drinks to customers during the hoursspecified on the left
Tue 23:00 01:00------------------ -----------------
Wed 23:00 01:00 State any seasonal variations for the provision of late niaht------------------ ----------------- refreshment (please read guidance note 4)
Not applicableThur 23:00 01:00
---------_.------- -----------------
Fri 23:00 02:00 Non standard timinas. Where yOU intend to use the premises------------------ ----------.------ for the provision of late niaht refreshment at different times. to
those listed in the column on the left. please list (please readSat 23:00 02:00 guidance note 5)
------------------ --------_._-_.-.- Not applicable
Sun 23:00 01:00------------------ -----------------
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23
M
Supply of alcohol Will the supplv of alcohol be for On the DStandard days and consumption (Please tick box) (please read premisestimings (please read guidance note 7)
Off theguidance note 6)premises D
Day Start Finish Both ~
Mon 11:30 01:00 State any seasonal variations for the supplv of alcohol (please-~---------------- --.--.----------- read guidance note 4)
Not applicableTue 11:30 01:00
------------------ -----------------
Wed 11:30 01:00------------------ -----------------
Thur 11:30 01:00 Non standard timinas. Where yOU intend to use the premises------------------ ----------------- for the supplv of alcohol at different times to those listed in the
column on the left, please list (please read guidance note 5)Fri 11:30 02:00 Not applicable
------------------ --_.-------------
Sat 11:30 02:00-------_.--------- -----------------
Sun 11:30 01:00------------------ -----------------
State the name and details of the individual whom you wish to specify on the licence aspremises supervisor
NameI\IIR.SANCHIT PATELAdd ressFLAT 5, SULLIVAN HOUSECHURCHHILL GARDESLONDON
Postcode I SW1 V 3BPPersonal Licence number (if known)10101199/L1PERSIssuing licensing authority (if known)CITY OF WESTMINSTER
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24
....
N
Please highlight any adult entertainment or services, activities, other entertainment ormatters ancillary to the use of the premises that may give rise to concern in respect ofchildren (please read guidance note 8)
oHours premises are State any seasonal variations (please read guidance note 4)open to the public NOT APPLICABLEStandard days andtimings (please readguidance note 6)
Day Start Finish
Mon 11:30 01:00------------------ --------_.-------
Tue 11:30 01:00------------------ -----------------
Wed 11:30 01:00------------------ -----------------
Non standard timinas. Where YOUintend the Dremises to be
Thur 01:00ODen to the Dublic at different times from those listed in the
11:30 column on the left. Dlease list (please read guidance note 5)------------------ ----------------- 24TH DECEMBER - CHRISTMAS EVE TILL 3:00 AM
31sT DECEMBER - NEW YEAR EVE TILL 3:00 AMFri 11:30 02:00
------------------ ----_.-----------
Sat 11:30 02:00------------------ -----------------
Sun 11:30 01:00-.---------------- -----------------
18
25
'.
P Describe the steps you intend to take to promote the four licensing objectives:
a) General - all four licensing objectives (b,c,d,e) (please read guidance note 9)
1. Identity check based on "Check 21"2. Regular staff training3. Intsall CCTV cameras4. Proper signage with visibility for fire safety, precautions and low noise5. Promote Non Alcoholic Beer and Soft drinks6..Keep taxi numbers to hand7..Be part of a community watch8. Do not serve drunk customers
b) The Drevention of crime and disorder1. CCTV installation2. Regular check in toilets, fire exit and be always vigilant for drug use3. Be part of a community watch4. Be alert to antisocial behaviour
c) Public safety1. Proper visible signs for fire escape routes, equipped with fire extinguisher appliances and firealarm2. Warning signs for any hazards3. Proper evacuation and emergency procedures4. Maintain high health and safety standards including by proper and regular H & Straining
d) The prevention of DubUc nuisance1. Always monitor and prevent (as far as possible) anti social behaviour2. Will not serve drunk customers3. Ensure proper waste disposal
e) The Drotection of children from harmPromote the following1. Check 212. Staff training3. Identity checks
19
26
Please tick yes
[8J[8J[8J
"",
••••
.,
I have made or enclosed payment of the feeI have enclosed the plan of the premisesI have sent copies of this application and the plan to responsible authorities andothers where applicableI have enclosed the consent form completed by the individual I wish to be premisessupervisor, if applicableI understand that I must now advertise my applicationI understand that if I do not comply with the above requirements my application willbe rejected
nr IS AN OFFENCE, LIABLE ON CONVICTION TO A FINE UP TO LEVEL 5 ON THESTANDARD SCALE, UNDER SECTION 158 OF THE LICENSING ACT 2003 TO MAKE AFALSE STATEMENT IN OR IN CONNECTION WITH THIS APPLICATION
Part 4 - Signatures (please read guidance note 10)
Signature of applicant or applicant's solicitor or other duly authorised agent (Seeguidance note 11). If signing on behalf of the applicant please state in what capacity.
Signature
Date
Capacity
.0{ C;J> ::r A ~ At..
O'i5' lD ')...0I0
Director
F:or joint applications signature of 2nd applicant or 2nd applicant's solicitor or othera.uthorised agent. (please read guidance note 12). If signing on behalf of the applicantplease state in what capacity.
Signature
Date
Capacity
Contact name (where not previously given) and postal address for correspondenceBlssociated with this application (please read guidance note 13)Mr Syed Jafar11 Hazelwood LanePalmers Green
Post town I London I Post code I N13 5EZTelephone number (if any) I 07852127559If you would prefer us to correspond with you bye-mail your e-mail address (optional)[email protected]
20
27
~'-.(
.~ I., :7
'"woZ
28
ANNEX 2
INTERESTED PARTIES
REPRESENTATIONS
29
30
31
32
33
34
35
36
37
ANNEX 3
E-MAIL SENT BY APPLICANT REGARDING BUSINESS
INTENTIONS
From: ZaynZah [mailto:[email protected]] Sent: 17 November 2010 11:54 To: 'Rudland, Michelle' Cc: '[email protected]' Subject: RE: Contents of representations Dear Michelle Thank you for sending me these representations. The majority raise similar concerns that these premises will be used as a bar or a night club. I would like to reassure the local residents that under no circumstances will ZaynZah be either – I will be operating a family-run local Indian restaurant. I take on board the concerns raised and in fact must take responsibility for the wide terms of the licence that I initially sought. This is the first licence form I have personally filled in myself. Although my family have a business in Romford where I have some dealings this will be my first business venture on my own and I must confess, I did not use a specialist lawyer or licensing agent to complete the form and, as you know, my wife and have been dealing with you directly. For example I asked for a licence for recorded music – as we will be playing normal background tape/CD music of soothing sitar or classical Indian music that will compliment the serving of Indian food. I did not in fact know that we were allowed normal background music until I had a chat with Mr. Mark Altman from police licensing authority. I has ticked recorded music as I thought this was a necessary minimum requirement. I now know I do not require a licence to play normal background music. It was our fault we sought such wide terms – I reiterate I fully take on board the concerns raised and would like very much to come to some agreement with the local residents, given that they will form part of the community of which I would like very much our business to become a valued member of. It may be that the brand name ZaynZah contributed to the notion we were opening a bar. In fact we wanted a short unique special for a modern/contemporary Indian restaurant and we combined the names of our children to create the name ZaynZah. Could you please explain them the above points as well the other points raised. Please see my comments below for the other points. I apologise if they are repetitive – however I wanted to make points in respect to each representation. Please send me an email with confirmation of the receipt and read of this email. Feel free to contact me if you have any queries either via email or phone 07852127559.
38
1 I wish to object to the planning application being made in relation to premises at 148 Colney Hatch Lane, Muswell Hill, N10 1ER.
I am concerned first by the noise which this use of the property will generate. I live just a short distance along Wilton Road, which faces the premises in question. Noise will easily pass down Wilton Road from the premises. I am concerned that this will disturb our sleep, and that of other residents.
I am concerned second by the additional anti-social and noisy behaviour which an establishment of this kind will inevitably generate. There are problems already associated with two nearby public houses, namely Keenans and the Minstrel Boy, and this proposed establishment will make things worse. We are already disturbed by noisy persons making their way along Wilton Road late at night.
I am concerned third by the additional traffic which this establishment will generate. People will try to park in Wilton Road, which is already busy, with people visiting local shops, and with residents' own cars. We have had problems with people parking across our driveway. More traffic will exacerbate these problems.
Fourth, there are many such bars in nearby Muswell Hill. Such establishments should be restricted to Muswell Hill, and not be allowed to proliferate in what should be quiet residential areas.
Dear Sir / Madam
Thank you for registering your concern and if a new bar was opening close to my home I am sure I too would have concerns about noise emanation. However I would like to clarify the following
1. We are operating an Indian restaurant not a Bar or Night Club.
i. We will be keeping with the ethos of the old Raj Villa. We are keeping all the old furniture and decoration and will be operating not a bar or a night club but a modern elegant Indian restaurant with contemporary Indian Cuisine. Activities therein will be exactly same as the previous business “Rajvilla”, only the management, name and quality of food will change. It may be that ZaynZah sounds like the name of a bar or a nightclub. However this is a family business and I consider myself a family man. The name comes from a combination of my children’s names – I have combined my son’s name “Zayn” and my daughter’s name “Zahra” i.e Zayn + Zah = ZaynZah.
ii. Though we have applied from a 11:30AM to 2:00AM, we will not be opening for those hours in one long stretch. We will be open for Lunch and Dinner only.
2. Noise Nuisance
a. Recorded Music and Live Music will not be loud and will not be continuous i. We will not play ongoing recorded music or live music since this is not a Bar or
Night club. However we will play background music (taped classical Indian music) and might allow some recorded music (not via DJ) and live music if the restaurant premises are booked for some private functions or special occasions. I assure you this music will be classical light music and will be with of low volume. I am referring to sitar and tabla players who will compliment the ethos of the restaurant.
ii. The live music will be rare – on special occasions or private functions only. iii. We will not host any recorded music or live music after 11:00 PM.
39
iv. We have carefully considered the effect on the local residents and liaised with the Community Group Manager of Noise, Nuisance, Public Health and Environmental Health and have agreed 3 conditions to the grant of the licence. These relate to isolating all amplified speakers with resilient rubber pads and/or anti-vibration pads (we do not have any amplified speakers); using a noise limiting device if an amplified music system is used (we do not have an amplified music system).
b. No Anti social or Noisy Behaviour i. As we have explained these premises will not be a bar or nightclub but a
restaurant, so the scope for anti social or noisy behaviour will be limited. We are very conscious of our responsibility to the local community and will work closely with the community to assist in keeping our locality safe and socially desirable. This clearly will benefit us all, certainly for us it will be reflected in the customers we will serve. We have agreed with the police to install CCTV for crime prevention purposes.
c. Traffic concerns i. Given that we are opening a local Indian restaurant it is not envisaged that there
will be any significant difference to local traffic. Certainly we will be operating delivery of food in addition to dining.
Since you are staying close to our premises, I would hope to welcome you to our restaurant as one of our patrons. We hope to build our reputation in the local community as a family focused restaurant. I hope I have addressed all your concerns. In light of all my comments above I would greatly appreciate it if you would kindly reconsider my application and consider withdrawing your objection. Should you wish to meet me in person to address or explore your concerns, I am perfectly happy to do this and please feel free to ask Michelle who will make this possible. Thank you for taking the time to read this. Kind Regards Syed Jafar
____________________________________________________________________________ 2 I am writing to object to the New Premises Licence Application for “ZAYNAH” at 148 Colney
Hatch Lane, London N10 1ER for the following reasons:
This is an almost-exclusively residential area consisting of family homes and community shops, and is therefore not an appropriate location for a bar – let alone one with a proposed drinking and music licence that would run from 11.30am to 2.00am. There are already two public houses within 100 yards of this location which already cause considerable noise and nuisance to local residents when customers leave the premises late at night. Our two teenaged daughters report that they frequently feel intimidated when passing both of the existing licensed premises as customers are smoking and drinking in or overlooking the street, subjecting them to inappropriate drunken remarks – a situation that occurs frequently when they are passing the existing premises on their way home from school.
40
The proposed premises will be at the end of our street and the noise and general nuisance will be intolerable at all times of the day. There are absolutely no parking facilities available outside the proposed premises, and already the two existing licensed premises encourage customers to park in adjacent residential streets. As a result, when customers leave there is often considerable noise and abusive language as well as broken glass left in the street. There have also been several fights to which the police have been called. The additional volume of traffic and lack of parking means local residents – many with young children cannot park anywhere near their houses or flats. The proposed premises will exacerbate this already intolerable situation. Another licensed premises in this location will establish a parade of drinking establishments – in addition to a betting shop – that is likely to encourage anti-social behaviour. The nature of the premises, with its large outside forecourt, will allow customers to drink outside, effectively on the street, whilst children are passing by on their way to and from school, local shops, their friends’ houses and the local bus stop – a situation that will be intimidating and threatening. The previous use of these premises was as a family run restaurant suitable for local people and their families – not as a music and drinking venue as proposed. For all of the above reasons I object to this application in the strongest possible terms. And I hope you agree that this is a completely inappropriate location for such a premises and that you will therefore reject this proposal outright.
Dear Sir / Madam
Thank you for registering your concern and if a new bar was opening close to my home I am sure I too would have concerns about noise emanation. However I would like to clarify the following:
1. We are operating an Indian restaurant not a Bar or Night Club.
i. We will be keeping with the ethos of the old Raj Villa. We are keeping all the old furniture and decoration and will be operating not a bar or a night club but a modern elegant Indian restaurant with contemporary Indian Cuisine. Activities therein will be exactly same as the previous business “Rajvilla”, only the management, name and quality of food will change. It may be that ZaynZah sounds like the name of a bar or a nightclub. However this is a family business and I consider myself a family man. The name comes from a combination of my children’s names – I have combined my son’s name “Zayn” and my daughter’s name “Zahra” i.e Zayn + Zah = ZaynZah.
ii. Though we have applied from a 11:30AM to 2:00AM, we will not be opening for those hours in one long stretch. We will be open for Lunch and Dinner only.
iii. I want to attract families as our customers. We will also promote non alcoholic drinks i.e. sell different kind of healthy smoothies and milk shakes.
2. Noise Nuisance
a. Recorded Music and Live Music will not be loud and will not be continuous i. We will not play ongoing recorded music or live music since this is not a Bar or
Night club. However we will play background music (taped classical Indian music) and might allow some recorded music (not via DJ) and live music if the restaurant premises are booked for some private functions or special occasions. I assure you this music will be classical light music and will be with of low volume. I am referring to sitar and tabla players who will compliment the ethos of the restaurant.
ii. The live music will be rare – on special occasions or private functions only.
41
iii. We will not host any recorded music or live music after 11:00 PM. iv. We have carefully considered the effect on the local residents and liaised with the
Community Group Manager of Noise, Nuisance, Public Health and Environmental Health and have agreed 3 conditions to the grant of the licence. These relate to isolating all amplified speakers with resilient rubber pads and/or anti-vibration pads (we do not have any amplified speakers); using a noise limiting device if an amplified music system is used (we do not have an amplified music system).
b. No Anti social or Noisy Behaviour i. As we have explained these premises will not be a bar or nightclub but a
restaurant, so the scope for anti social or noisy behaviour will be limited. We are very conscious of our responsibility to the local community and will work closely with the community to assist in keeping our locality safe and socially desirable. This clearly will benefit us all, certainly for us it will be reflected in the customers we will serve. We have agreed with the police to install CCTV for crime prevention purposes.
c. Traffic concerns i. Given that we are opening a local Indian restaurant it is not envisaged that there
will be any significant difference to local traffic. Certainly we will be operating delivery of food in addition to dining.
ii. In general terms parking is a perennial problem in London; I accept this and certainly I would also support any applications by local residents to invite the council to make this an area for residential permit holders only.
We are sorry to hear about the difficulties your teenaged daughters have faced from local establishments and hope we have set out how we do not intend to operate in any shape or form a music and drinking venue but rather a family run family focused Indian restaurant in keeping with the style and ethos of our predecessor.
Since you are close by, I would hope to welcome you to our restaurant as one of our patrons. We hope to build our reputation in the local community as a family focused restaurant.
I hope I have addressed all your concerns. In light of all my comments above I would greatly appreciate it if you would kindly reconsider my application and consider withdrawing your objection. Should you wish to meet me in person to address or explore your concerns, I am perfectly happy to do this and please feel free to ask Michelle who will make this possible.
Thank you for taking the time to read this.
Kind Regards
Syed Jafar
____________________________________________________________________________ 3 We reside at _ Sydney road N10 which is situated to the side and back of 148 Colney Hatch
Lane (148 CHL). We understand that the new owners of 148 CHL have applied for a music licence which we are appalled at. This is a residential area which already suffers from having to Public Houses in very close proximity i.e. Mistrial boy and Keenan’s both on Colney Hatch Lane and in fact the Minstrel Boy is very near to 148 CHL.
42
We have on many occasions complained and objected to a music licence being granted to the above Public Houses and we therefore see no sense or logic of granting one to another establishment in the same vicinity!!!!
We have terrible problems with the pubs as mentioned above so much that we the residents have logged complaints with the police. We have to endure rowdy crowds when there are football games shown on TV at the said pubs and granting a music licence to 148 CHL will compound this problem. Also as alcohol will be served on the premises of 148 CHL there will be persons who will be drunk and cause a nuisance in the road when leaving their establishment – which we suffer from by the persons attending the Minstrel Boy and Keenans – why should we assume this new establishment’s cliental will be any different – they may even be worse if the owners encourage a younger crowd to visit their place. Therefore we see the granting of licence to a third drinking establishment in this community made up of families as unacceptable to us. There have already been widely published media reports that Alcohol consumption is more dangerous than taking drugs therefore why will the local Authority support the granting of another drinking establishment in a residential area.
Further as the back of 148 CHL can be seen and heard from our home which is two doors up from the premise we will have loud music interfering with our right to a family life and our quiet enjoyment of our home. My parents who are also in their 70’s and suffering from a heart condition and in the case of my father cancer do not wish their home to be invaded by loud music and also persons who will cause a disturbance in the street after leaving the premises – which is something we suffer from already.
Finally if 148 CHL believes by making this application it will enrich the residential area they are mistaken the only persons who will benefit are the owners of 148 CHL and such will not be ploughed back into the disrupted community but their own pockets. Why should we have to have the burden of another nuisance premises on our door step. This is not an area for loud music this is a residential area with growing families and elderly persons.
I on behalf of _ Sydney road object to the music licence being granted to 148 CHL at any time.
Dear Sir / Madam
Thank you for registering your concern and if a new bar or drinking establishment was opening close to my home I am sure I too would have concerns about noise emanation and alcohol consumption. However I would like to clarify the following
1. We are operating an Indian restaurant not a Bar or Night Club.
i. We will be keeping with the ethos of the old Raj Villa. We are keeping all the old furniture and decoration and will be operating not a bar or a night club but a modern elegant Indian restaurant with contemporary Indian Cuisine. Activities therein will be exactly same as the previous business “Rajvilla”, only the management, name and quality of food will change. It may be that ZaynZah sounds like the name of a bar or a nightclub. However this is a family business and I consider myself a family man. The name comes from a combination of my children’s names – I have combined my son’s name “Zayn” and my daughter’s name “Zahra” i.e Zayn + Zah = ZaynZah.
ii. Though we have applied from a 11:30AM to 2:00AM, we will not be opening for those hours in one long stretch. We will be open for Lunch and Dinner only.
iii. I want to attract families as our customers. We will also promote non alcoholic drinks i.e. sell different kind of healthy smoothies and milk shakes.
43
2. Noise Nuisance a. Recorded Music and Live Music will not be loud and will not be continuous
i. I am sorry to hear about your parents’ condition and can empathise, having elderly parents myself. I would like to reassure you that the music will be in keeping with the ethos of the restaurant, i.e. taped or CD music of Indian classic music, soothing and low level that will compliment fine Indian dining.
ii. There certainly will not be any ‘base’ or loud music that will emanate from the premises as in clubs or bars, such as to be heard in outside properties.
iii. We will also not be open continuously from 11am to the early hours, we will have two slots, for lunch and dinner. We therefore will not play ongoing recorded music or live music continuously.
iv. However we will play background music (taped classical Indian music) as set out above and might allow some recorded music (not via DJ) and live music if the restaurant premises are booked for some private functions or special occasions. I assure you this music will be classical light music and will be with of low volume. I am referring to sitar and tabla players who will compliment the ethos of the restaurant.
v. The live music will be rare – on special occasions or private functions only. vi. We will not host any recorded music or live music after 11:00 PM. vii. We have carefully considered the effect on the local residents and liaised with the
Community Group Manager of Noise, Nuisance, Public Health and Environmental Health and have agreed 3 conditions to the grant of the licence. These relate to isolating all amplified speakers with resilient rubber pads and/or anti-vibration pads (we do not have any amplified speakers); using a noise limiting device if an amplified music system is used (we do not have an amplified music system).
b. No Anti social or Noisy Behaviour i. As we have explained these premises will not be a bar or nightclub but a
restaurant, so the scope for anti social or noisy behaviour will be limited. We are very conscious of our responsibility to the local community and will work closely with the community to assist in keeping our locality safe and socially desirable. This clearly will benefit us all, certainly for us it will be reflected in the customers we will serve. We have agreed with the police to install CCTV for crime prevention purposes.
We are sorry to hear about the difficulties you have faced from local establishments and hope we have set out how we do not intend to operate in any shape or form a music and drinking venue but rather a family run family focused Indian restaurant in keeping with the style and ethos of our predecessor.
Since you are close by, I would hope to welcome you to our restaurant as one of our patrons. We hope to build our reputation in the local community as a family focused restaurant.
I hope I have addressed all your concerns. In light of all my comments above I would greatly appreciate it if you would kindly reconsider my application and consider withdrawing your objection. Should you wish to meet me in person to address or explore your concerns, I am perfectly happy to do this and please feel free to ask Michelle who will make this possible.
Thank you for taking the time to read this.
Kind Regards
Syed Jafar
____________________________________________________________________________
44
4 I would like to register my strong objection to the application for a new licensed premises, ZAYNAH, at 148 Colney Hatch Lane, London N10 1ER.
Allowing a third licensed premises along what is a small parade of shops in a highly residential area would have a the highly negative impact on the local community and therefore is completely unacceptable.
Firstly, the existing two bars in this part of Colney Hatch Lane are already a source of late night noise and nuisance when customers leave the bars late at night and make their way home along the adjacent residential roads (in some cases, causing the police to attend to deal with fights, urination in the street, chanting, the breaking of bottles and other public disorder).
The customer noise from the proposed premises, combined with inevitably loud music output, would be very audible from our and other nearby residences – both inside the houses and in their gardens. And with the proposed licence running from 11.30am to 2am, that would likely be a feature throughout the day. I expect to be able to use my garden, for example, without having the constant drone of a sound system.
With many children using that part of the street to visit the shops and friends, and get to and from school, the proposed premises would create a serious concern among parents that their children would be subjected to abuse and intimidation by inebriated customers as they pass by (note that the existing premises at that address has a large private area outside the front of the building, overlooking the street.
Parking would also be an issue, as there is no public parking nearby, other than in residential roads; and so customers of the proposed premises would inevitably take up the limited parking spaces outside the houses of residents, creating major inconvenience (especially for those with young families) and further adding to the noise levels at closing time.
In sum, I see no benefit whatsoever to the people of this area of Barnet from the granting of this application. Rather, the proposed premises would have wholly negative effect on a quiet, family-orientated community. So I urge you to dismiss the application.
Dear Sir / Madam
Thank you for registering your concern and if a new bar or drinking establishment was opening close to my home I am sure I too would have concerns about noise emanation and alcohol consumption. However I would like to clarify the following: 1. We are operating an Indian restaurant not a Bar or Night Club.
i. We will be keeping with the ethos of the old Raj Villa. We are keeping all the old furniture and decoration and will be operating not a bar or a night club but a modern elegant Indian restaurant with contemporary Indian Cuisine. Activities therein will be exactly same as the previous business “Rajvilla”, only the management, name and quality of food will change. It may be that ZaynZah sounds like the name of a bar or a nightclub. However this is a family business and I consider myself a family man. The name comes from a combination of my children’s names – I have combined my son’s name “Zayn” and my daughter’s name “Zahra” i.e Zayn + Zah = ZaynZah.
ii. Though we have applied from a 11:30AM to 2:00AM, we will not be opening for those hours in one long stretch. We will be open for Lunch and Dinner only.
45
iii. I want to attract families as our customers. We will also promote non alcoholic drinks i.e. sell different kind of healthy smoothies and milk shakes.
2. Noise Nuisance
a. Recorded Music and Live Music will not be loud and will not be continuous i. I am sorry to hear about your parents’ condition and can empathise, having
elderly parents myself. I would like to reassure you that the music will be in keeping with the ethos of the restaurant, i.e. taped or CD music of Indian classic music, soothing and low level that will compliment fine Indian dining.
ii. There certainly will not be any ‘base’ or loud music that will emanate from the premises as in clubs or bars, such as to be heard in outside properties.
iii. We will also not be open continuously from 11am to the early hours, we will have two slots, for lunch and dinner. We therefore will not play ongoing recorded music or live music continuously.
iv. However we will play background music (taped classical Indian music) as set out above and might allow some recorded music (not via DJ) and live music if the restaurant premises are booked for some private functions or special occasions. I assure you this music will be classical light music and will be with of low volume. I am referring to sitar and tabla players who will compliment the ethos of the restaurant.
v. The live music will be rare – on special occasions or private functions only. vi. We will not host any recorded music or live music after 11:00 PM. vii. We have carefully considered the effect on the local residents and liaised with the
Community Group Manager of Noise, Nuisance, Public Health and Environmental Health and have agreed 3 conditions to the grant of the licence. These relate to isolating all amplified speakers with resilient rubber pads and/or anti-vibration pads (we do not have any amplified speakers); using a noise limiting device if an amplified music system is used (we do not have an amplified music system).
b. No Anti social or Noisy Behaviour i. As we have explained these premises will not be a bar or nightclub but a
restaurant, so the scope for anti social or noisy behaviour will be limited. We are very conscious of our responsibility to the local community and will work closely with the community to assist in keeping our locality safe and socially desirable. This clearly will benefit us all, certainly for us it will be reflected in the customers we will serve. We have agreed with the police to install CCTV for crime prevention purposes.
c. Traffic concerns i. Given that we are opening a local Indian restaurant it is not envisaged that there
will be any significant difference to local traffic. Certainly we will be operating delivery of food in addition to dining.
ii. In general terms parking is a perennial problem in London; I accept this and certainly I would also support any applications by local residents to invite the council to make this an area for residential permit holders only.
We are sorry to hear about the difficulties you have faced from local establishments and hope we have set out how we do not intend to operate in any shape or form a music and drinking venue but rather a family run family focused Indian restaurant in keeping with the style and ethos of our predecessor.
Since you are close by, I would hope to welcome you to our restaurant as one of our patrons. We hope to build our reputation in the local community as a family focused restaurant.
46
I hope I have addressed all your concerns. In light of all my comments above I would greatly appreciate it if you would kindly reconsider my application and consider withdrawing your objection. Should you wish to meet me in person to address or explore your concerns, I am perfectly happy to do this and please feel free to ask Michelle who will make this possible.
Thank you for taking the time to read this.
Kind Regards
Syed Jafar
____________________________________________________________________________ 5 I wish to object strongly to the licensing application in respect of the above premises. The
basis of my objection is as follows:
1. Public Safety: As has already occurred with the nearby “Minstrel Boy” pub, extensive live and recorded music provision will attract non-local clientele, many of whom are likely to use their cars to reach the venue. Increased congestion on local roads, particularly as many people try to arrive/leave at similar times, carries clear public safety implications. There is no parking at the venue so more cars in the area will add to the already scarce parking available on local roads for local residents. See also para 2 below in relation to public safety.
2. Crime & Disorder: Extensive music provision will appeal to a predominantly young clientele. Large groups of people congregating outside at leaving time carries a risk of public drunkeness/disorder and even violence. Local residents have already experienced these problems with respect to the Minstrel Boy. There is also an increased risk that the area will be targeted by drug dealers and/or users. Other people arriving home and alighting at the bus stop opposite the venue (outside the Chinese takeaway) may be at risk of casual crime or intimidation. Many families in this area have young or teenage children and the prospect of large numbers of drunks congregating on the street opposite, outside the Minstrel Boy AND outside this new venue, will mean that parents will feel that their children are not safe to alight at the bus stop nearest to their homes but will instead have to advise them to use stops further away and walk further – why should they be exposed to inconvenience at least, and indeed increased risk themselves (in the case of teenagers returning home in the evening and having to walk further, perhaps alone) merely to avoid having to run the gauntlet of drunks in Colney Hatch Lane? (see 4 below).
3. Public nuisance: People sitting outside drinking will be noisy and/or intimidating (even unintentionally). The provision of late night music will exacerbate this. Larger numbers of people spilling out of the new venue onto residential streets will add to the existing problem local residents face of unacceptable noise – and sometimes unacceptable behaviour – from customers leaving the Minstrel Boy. The music itself will create an obvious noise nuisance (it is simply not the case that the sound will not carry outside the building).
4 Protection of Children: This is a residential area with many family homes, including many with young children and teenagers. The venue is on a route used by many chidren who walk to and from local primary schools or catch or alight from local buses. All the points above are particulary relevant.
47
This is a residential area, not a town centre. The proposed venue, with its application for all-day alcohol, late night drinking and music, is one more suited to a town centre away from residential roads. The already clear social problems caused by the Minstrel Boy will be exacerbated if this new venue is allowed to open with anything remotely like the licence conditions it is requesting. It will cause all the problems outlined above and the arrival of yet another drinking and music venue will radically change the character of that part of the road and will send a clear signal that this an area where late night drinking and noise is tolerated and sanctioned by the local authority. This is utterly unacceptable and unfair to local residents.
Dear Sir / Madam
Thank you for registering your concern and if a new bar or drinking establishment was opening close to my home I am sure I too would have concerns about noise emanation and alcohol consumption. However I would like to clarify the following
1. We are operating an Indian restaurant not a Bar or Night Club.
i. We will be keeping with the ethos of the old Raj Villa. We are keeping all the old furniture and decoration and will be operating not a bar or a night club but a modern elegant Indian restaurant with contemporary Indian Cuisine. Activities therein will be exactly same as the previous business “Rajvilla”, only the management, name and quality of food will change. It may be that ZaynZah sounds like the name of a bar or a nightclub. However this is a family business and I consider myself a family man. The name comes from a combination of my children’s names – I have combined my son’s name “Zayn” and my daughter’s name “Zahra” i.e Zayn + Zah = ZaynZah.
ii. Though we have applied from a 11:30AM to 2:00AM, we will not be opening for those hours in one long stretch. We will be open for Lunch and Dinner only.
iii. I want to attract families as our customers. We will also promote non alcoholic drinks i.e. sell different kind of healthy smoothies and milk shakes.
2. Noise Nuisance
a. Recorded Music and Live Music will not be loud and will not be continuous i. I would like to reassure you that the music will be in keeping with the ethos of the
restaurant, i.e. taped or CD music of Indian classic music, soothing and low level that will compliment fine Indian dining.
ii. There certainly will not be any ‘base’ or loud music that will emanate from the premises as in clubs or bars, such as to be heard in outside properties.
iii. We will also not be open continuously from 11am to the early hours, we will have two slots, for lunch and dinner. We therefore will not play ongoing recorded music or live music continuously.
iv. However we will play background music (taped classical Indian music) as set out above and might allow some recorded music (not via DJ) and live music if the restaurant premises are booked for some private functions or special occasions. I assure you this music will be classical light music and will be with of low volume. I am referring to sitar and tabla players who will compliment the ethos of the restaurant.
v. The live music will be rare – on special occasions or private functions only. vi. We will not host any recorded music or live music after 11:00 PM.
48
vii. We have carefully considered the effect on the local residents and liaised with the Community Group Manager of Noise, Nuisance, Public Health and Environmental Health and have agreed 3 conditions to the grant of the licence. These relate to isolating all amplified speakers with resilient rubber pads and/or anti-vibration pads (we do not have any amplified speakers); using a noise limiting device if an amplified music system is used (we do not have an amplified music system).
b. No Anti social or Noisy Behaviour i. As we have explained these premises will not be a bar or nightclub but a
restaurant, so the scope for anti social or noisy behaviour will be limited. We are very conscious of our responsibility to the local community and will work closely with the community to assist in keeping our locality safe and socially desirable. This clearly will benefit us all, certainly for us it will be reflected in the customers we will serve. We have agreed with the police to install CCTV for crime prevention purposes.
c. Traffic concerns i. Given that we are opening a local Indian restaurant it is not envisaged that there
will be any significant difference to local traffic. Certainly we will be operating delivery of food in addition to dining.
ii. In general terms parking is a perennial problem in London; I accept this and certainly I would also support any applications by local residents to invite the council to make this an area for residential permit holders only.
We are sorry to hear about the difficulties you have faced from local establishments and hope we have set out how we do not intend to operate in any shape or form a music and drinking venue but rather a family run family focused Indian restaurant in keeping with the style and ethos of our predecessor.
Since you are close by, I would hope to welcome you to our restaurant as one of our patrons. We hope to build our reputation in the local community as a family focused restaurant.
I hope I have addressed all your concerns. In light of all my comments above I would greatly appreciate it if you would kindly reconsider my application and consider withdrawing your objection. Should you wish to meet me in person to address or explore your concerns, I am perfectly happy to do this and please feel free to ask Michelle who will make this possible.
Thank you for taking the time to read this.
Kind Regards
Syed Jafar
____________________________________________________________________________ 6 I’d like to register my strong objection to the issue of a music and dance licence to the
proposed Zaynzah bar. I live at _ Goodwyns Vale, about 100 m away, and am greatly concerned about the impact of yet another bar/pub so close to home. The playing of live music until midnight seems wholly inappropriate for the area. It is a very residential area and we already suffer enough noise and anti-social behaviour as a result of the Minstrel Boy and Keenan’s pubs. It is hard to believe that you would sanction yet another source of disruption for the local inhabitants.
49
Dear Sir / Madam
Thank you for registering your concern and if a new bar or drinking establishment was opening close to my home I am sure I too would have concerns about noise emanation and alcohol consumption. However I would like to clarify the following
1. We are operating an Indian restaurant not a Bar or Night Club.
i. We will be keeping with the ethos of the old Raj Villa. We are keeping all the old furniture and decoration and will be operating not a bar or a night club but a modern elegant Indian restaurant with contemporary Indian Cuisine. Activities therein will be exactly same as the previous business “Rajvilla”, only the management, name and quality of food will change. It may be that ZaynZah sounds like the name of a bar or a nightclub. However this is a family business and I consider myself a family man. The name comes from a combination of my children’s names – I have combined my son’s name “Zayn” my daughter’s name “Zahra” i.e Zayn + Zah = ZaynZah.
ii. Though we have applied from a 11:30AM to 2:00AM, we will not be opening for those hours in one long stretch. We will be open for Lunch and Dinner only.
iii. I want to attract families as our customers. We will also promote non alcoholic drinks i.e. sell different kind of healthy smoothies and milk shakes.
2. Noise Nuisance
a. Recorded Music and Live Music will not be loud and will not be continuous i. I would like to reassure you that the music will be in keeping with the ethos of the
restaurant, i.e. taped or CD music of Indian classic music, soothing and low level that will compliment fine Indian dining.
ii. There certainly will not be any ‘base’ or loud music that will emanate from the premises as in clubs or bars, such as to be heard in outside properties.
iii. We will also not be open continuously from 11am to the early hours, we will have two slots, for lunch and dinner. We therefore will not play ongoing recorded music or live music continuously.
iv. However we will play background music (taped classical Indian music) as set out above and might allow some recorded music (not via DJ) and live music if the restaurant premises are booked for some private functions or special occasions. I assure you this music will be classical light music and will be with of low volume. I am referring to sitar and tabla players who will compliment the ethos of the restaurant.
v. The live music will be rare – on special occasions or private functions only. vi. We will not host any recorded music or live music after 11:00 PM. vii. We have carefully considered the effect on the local residents and liaised with the
Community Group Manager of Noise, Nuisance, Public Health and Environmental Health and have agreed 3 conditions to the grant of the licence. These relate to isolating all amplified speakers with resilient rubber pads and/or antivibration pads (we do not have any amplified speakers); using a noise limiting device if an amplified music system is used (we do not have an amplified music system).
b. No Anti social or Noisy Behaviour i. As we have explained these premises will not be a bar or nightclub but a
restaurant, so the scope for anti social or noisy behaviour will be limited. e are very conscious of our responsibility to the local community and will work closely with the community to assist in keeping our locality safe and socially desirable. This clearly will benefit us all, certainly for us it will be reflected in the customers we will serve. We have agreed with the police to install CCTV for crime prevention purposes.
50
We are sorry to hear about the difficulties you have faced from local establishments and hope we have set out how we do not intend to operate in any shape or form a music and drinking venue but rather a family run family focused Indian restaurant in keeping with the style and ethos of our predecessor.
Since you are close by, I would hope to welcome you to our restaurant as one of our patrons. We hope to build our reputation in the local community as a family focused restaurant.
I hope I have addressed all your concerns. In light of all my comments above I would greatly appreciate it if you would kindly reconsider my application and consider withdrawing your objection. Should you wish to meet me in person to address or explore your concerns, I am perfectly happy to do this and please feel free to ask Michelle who will make this possible.
Thank you for taking the time to read this.
Kind Regards
Syed Jafar ____________________________________________________________________________ 7 We live at _ Sydney Road with a young family and represent the Colney Hatch Residents'
Association which is already invloved in monitoring the effects of the late music/alcohol licences of two pubs on Colney Hatch Lane: Keenans and the Minstrel Boy pubs. Both pubs have had numerous incidence over the years when their patrons have been involved in anti-social behaviour. To have a third such premises with a similar licence in such close proximity to the others would be totally inappropriate and unfair. It would also be next to impossible to determine from which premises an offending patron had originated from. This issue is often raised at the many hearings I have attended i.e. Keenans blame the Minstrel Boy and vice versa. This excuse is also used when photos of broken glass are show at hearings: 'how do you know that glass came from our pub?', and with live music: 'the other pub also had a late music night on that date. Are you sure it was our music?'
There is already a very lively Friday and Saturday night scene around this area. Residents are compromised as it is and another such venue will only add to the intolerable situation that already exists. One of the many anomalies of the licencing laws is the fact that residents end up policing the venue ('being the eyes and ears' as the police say so many times to us). How many venues are we expected to monitor and is it possible even to do so at all when they are all centred around such a small area.
I look forward to making our case at the hearing.
Dear Sir / Madam
Thank you for registering your concern and if a new bar or drinking establishment was opening close to my home I am sure I too would have concerns about noise emanation and alcohol consumption. However I would like to clarify the following
1. We are operating an Indian restaurant not a Bar or Night Club.
51
i. We will be keeping with the ethos of the old Raj Villa. We are keeping all the old furniture and decoration and will be operating not a bar or a night club but a modern elegant Indian restaurant with contemporary Indian Cuisine. Activities therein will be exactly same as the previous business “Rajvilla”, only the management, name and quality of food will change. It may be that ZaynZah sounds like the name of a bar or a nightclub. However this is a family business and I consider myself a family man. The name comes from a combination of my children’s names – I have combined my son’s name “Zayn” my daughter’s name “Zahra” i.e Zayn + Zah = ZaynZah.
ii. Though we have applied from a 11:30AM to 2:00AM, we will not be opening for those hours in one long stretch. We will be open for Lunch and Dinner only.
iii. I want to attract families as our customers. We will also promote non alcoholic drinks i.e. sell different kind of healthy smoothies and milk shakes.
2. Noise Nuisance
a. Recorded Music and Live Music will not be loud and will not be continuous i. I would like to reassure you that the music will be in keeping with the ethos of the
restaurant, i.e. taped or CD music of Indian classic music, soothing and low level that will compliment fine Indian dining.
ii. There certainly will not be any ‘base’ or loud music that will emanate from the premises as in clubs or bars, such as to be heard in outside properties.
iii. We will also not be open continuously from 11am to the early hours, we will have two slots, for lunch and dinner. We therefore will not play ongoing recorded music or live music continuously.
iv. However we will play background music (taped classical Indian music) as set out above and might allow some recorded music (not via DJ) and live music if the restaurant premises are booked for some private functions or special occasions. I assure you this music will be classical light music and will be with of low volume. I am referring to sitar and tabla players who will compliment the ethos of the restaurant.
v. The live music will be rare – on special occasions or private functions only. vi. We will not host any recorded music or live music after 11:00 PM. vii. We have carefully considered the effect on the local residents and liaised with the
Community Group Manager of Noise, Nuisance, Public Health and Environmental Health and have agreed 3 conditions to the grant of the licence. These relate to isolating all amplified speakers with resilient rubber pads and/or anti-vibration pads (we do not have any amplified speakers); using a noise limiting device if an amplified music system is used (we do not have an amplified music system).
b. No Anti social or Noisy Behaviour i. As we have explained these premises will not be a bar or nightclub but a
restaurant, so the scope for anti social or noisy behaviour will be limited. We are very conscious of our responsibility to the local community and will work closely with the community to assist in keeping our locality safe and socially desirable. This clearly will benefit us all, certainly for us it will be reflected in the customers we will serve. We have agreed with the police to install CCTV for crime prevention purposes.
c. Traffic concerns i. Given that we are opening a local Indian restaurant it is not envisaged that there
will be any significant difference to local traffic. Certainly we will be operating delivery of food in addition to dining.
ii. In general terms parking is a perennial problem in London; I accept this and certainly I would also support any applications by local residents to invite the council to make this an area for residential permit holders only.
52
We are sorry to hear about the difficulties you have faced from local establishments and hope we have set out how we do not intend to operate in any shape or form a music and drinking venue but rather a family run family focused Indian restaurant in keeping with the style and ethos of our predecessor.
Since you are close by, I would hope to welcome you to our restaurant as one of our patrons. We hope to build our reputation in the local community as a family focused restaurant.
I hope I have addressed all your concerns. In light of all my comments above I would greatly appreciate it if you would kindly reconsider my application and consider withdrawing your objection. Should you wish to meet me in person to address or explore your concerns, I am perfectly happy to do this and please feel free to ask Michelle who will make this possible.
Thank you for taking the time to read this.
Kind Regards
Syed Jafar
____________________________________________________________________________ 8 I would like to object to the licensing application for "Zaynzah" on two grounds – firstly the
affect on the neighbourhood and secondly from a personal perspective.
The area bordering on Colney Hatch Lane from Muswell Broadway to the North Circular is residential. There are no manufacturing facilities, no offices just housing – even the local shops are small independent retailers, no multiples.
People have chosen to live here because of the peace and quietness of the neighbourhood. Haringey Council have closed off rat runs to ensure that local residents have a quiet and peaceful existence – sleeping policemen have been introduced with the same objective.
The granting of a music and drinking license for "Zaynzah" will have profound implications on the local residents, bringing with it noise, rowdy behaviour and public disorder to a neighbourhood that is currently quiet and peaceful.
Secondly I live at _ Barnard Hill, a stones throw from the proposed "Zaynzah" venue. Parking is difficult at the best of times and with "Zaynzah" attracting non locals, most probably driving to the venue – the addition of more cars would be chaotic.
There is currently no provision for public parking, no meters or car parks so the inflow of extra cars would impact on local residents trying to park Outside their homes.
In conclusion I would be grateful if you would consider these points and take into account the views of local residents such as myself who did not move here some twenty plus years ago to be deluged with loud music, all night drinking, public disorder and a lack of parking facilities – the character of the neighbourhood will be changed irreversibly.
53
Dear Sir / Madam
Thank you for registering your concern and if a new bar or drinking establishment was opening close to my home I am sure I too would have concerns about noise emanation and alcohol consumption. However I would like to clarify the following
1. We are operating an Indian restaurant not a Bar or Night Club.
i. We will be keeping with the ethos of the old Raj Villa. We are keeping all the old furniture and decoration and will be operating not a bar or a night club but a modern elegant Indian restaurant with contemporary Indian Cuisine. Activities therein will be exactly same as the previous business “Rajvilla”, only the management, name and quality of food will change. It may be that ZaynZah sounds like the name of a bar or a nightclub. However this is a family business and I consider myself a family man. The name comes from a combination of my children’s names – I have combined my son’s name “Zayn” my daughter’s name “Zahra” i.e Zayn + Zah = ZaynZah.
ii. Though we have applied from a 11:30AM to 2:00AM, we will not be opening for those hours in one long stretch. We will be open for Lunch and Dinner only.
iii. I want to attract families as our customers. We will also promote non alcoholic drinks i.e. sell different kind of healthy smoothies and milk shakes.
2. Noise Nuisance
a. Recorded Music and Live Music will not be loud and will not be continuous i. I would like to reassure you that the music will be in keeping with the ethos of the
restaurant, i.e. taped or CD music of Indian classic music, soothing and low level that will compliment fine Indian dining.
ii. There certainly will not be any ‘base’ or loud music that will emanate from the premises as in clubs or bars, such as to be heard in outside properties.
iii. We will also not be open continuously from 11am to the early hours, we will have two slots, for lunch and dinner. We therefore will not play ongoing recorded music or live music continuously.
iv. However we will play background music (taped classical Indian music) as set out above and might allow some recorded music (not via DJ) and live music if the restaurant premises are booked for some private functions or special occasions. I assure you this music will be classical light music and will be with of low volume. I am referring to sitar and tabla players who will compliment the ethos of the restaurant.
v. The live music will be rare – on special occasions or private functions only. vi. We will not host any recorded music or live music after 11:00 PM. vii. We have carefully considered the effect on the local residents and liaised with the
Community Group Manager of Noise, Nuisance, Public Health and Environmental Health and have agreed 3 conditions to the grant of the licence. These relate to isolating all amplified speakers with resilient rubber pads and/or anti-vibration pads (we do not have any amplified speakers); using a noise limiting device if an amplified music system is used (we do not have an amplified music system).
b. No Anti social or Noisy Behaviour i. As we have explained these premises will not be a bar or nightclub but a
restaurant, so the scope for anti social or noisy behaviour will be limited. We are very conscious of our responsibility to the local community and will work closely with the community to assist in keeping our locality safe and socially desirable. This clearly will benefit us all, certainly for us it will be reflected in the customers we will serve. We have agreed with the police to install CCTV for crime prevention purposes.
54
55
c. Traffic concerns i. Given that we are opening a local Indian restaurant it is not envisaged that there
will be any significant difference to local traffic. Certainly we will be operating delivery of food in addition to dining.
ii. In general terms parking is a perennial problem in London; I accept this and certainly I would also support any applications by local residents to invite the council to make this an area for residential permit holders only.
We are sorry to hear about the difficulties you have faced from local establishments and hope we have set out how we do not intend to operate in any shape or form a music and drinking venue but rather a family run family focused Indian restaurant in keeping with the style and ethos of our predecessor.
Since you are close by, I would hope to welcome you to our restaurant as one of our patrons. We hope to build our reputation in the local community as a family focused restaurant.
I hope I have addressed all your concerns. In light of all my comments above I would greatly appreciate it if you would kindly reconsider my application and consider withdrawing your objection. Should you wish to meet me in person to address or explore your concerns, I am perfectly happy to do this and please feel free to ask Michelle who will make this possible.
Thank you for taking the time to read this.
Kind Regards
Syed Jafar
ANNEX 4
E-MAIL CONFIRMING
AGREEMENT TO POLICE
CONDITIONS
56
From: ZaynZah [[email protected]] Sent: 08 November 2010 13:15 To: [email protected]; [email protected] Cc: Rudland, Michelle; [email protected]; [email protected] Subject: RE: 148 Colney Hatch Lane, N10 1ER Dear Mr Altman Thank you very much for your email. I confirm i agree to all of your conditions. Kind Regards Syed Jafar E: [email protected] W: www.zaynzah.co.uk From: [email protected] [mailto:[email protected]] Sent: 08 November 2010 13:07 To: [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected] Subject: RE: 148 Colney Hatch Lane, N10 1ER Dear Mr Jafar, Following our meeting this morning I would be grateful for an immediate response re the conditions that were agreed in principle. They are outlined below. If agreement is reached on these points there will be no Police representation. Please reply to all when responding to this e-mail. Regards Mark Sergeant Mark Altman Licensing Officer (Phone: 020 8733 5261) Fax: 020 8733 5268 E-mail: [email protected] Mail: Licensing Office
Whetstone Police Station 1170 High Road Whetstone London N20 0LW
Hours Sections F & M terminal hour to be changed to 00:00hrs Sunday – Thursday & 01:00hrs following a Friday & Saturday Sections L & O terminal hour to be changed to 00:30hrs Sunday – Thursday & 01:30hrs following a Friday & Saturday
57
General Condition Music, live music, and dancing shall only take place when there is a pre booked private function, or to celebrate a previously arranged special occasion. CCTV Conditions Digital recording CCTV comprising a multi camera system. The head unit (recorder) for storing the images will store such data on a hard drive or a
similar quality medium. A CD or DVD burner will also form part of the system to facilitate making copies of the
images. If the head unit (recorder) is kept on the premises it must be located in a secure cabinet or
other secure area, preferably out of the sight and reach of the public. The unit must be further secured by physical means to prevent anyone from merely picking up and removing the unit, e.g. a secure metal boot, or metal case strap, bolted to an immovable object like a wall or floor.
The quality of the images must be of a sufficiently high standard to allow identification of the subject matter.
Cameras will cover key areas identified by the operator and Police. These will include clear headshots of persons entering the premises, any bar areas, the till and entrance to the toilets.
Images must be retained for a period of 31 days before overwriting. The images will be made available in reasonable time on demand by the Police and
authorised officers of the London Borough of Barnet. At all times when the premises are open there shall be at least one person who is capable of
operating the CCTV system if required to do so by the Police or authorised officers of the London Borough of Barnet.
This system will be fully maintained at all times to ensure correct operation. The system will be installed and fully operational no later than 8 weeks after the premises
licence has been granted. Restaurant Conditions Alcohol will only be sold to and consumed by persons seated at a table. All service of alcohol will be made by waiter/waitress. There will be no vertical drinking. There shall be no bar where alcohol is sold for consumption on the premises. No alcohol may be sold from or consumed in any other area of the premises, with the
exception of persons who are seated and waiting, for a table to become vacant, or a pre-ordered takeaway meal (area to be shown on the plans).
ANNEX 5
E-MAIL CONFIRMING
AGREEMENT TO NOISE NUISANCE
CONDITIONS
58
From: Syed Jafar Sent: 18 October 2010 00:28 To: Haynes, Ralph Cc: Rudland, Michelle Subject: RE: 148 Colney Hatch lane licence application
Dear Mr Haynes
Thank you for your email.
I confirm I agree to all the conditions set out om your email. For your information there are no amplified speakers at the premises at the moment; however in the event that we do use them in the future I will ensure your conditions are complied with.
Thank you for all your assistance in this regard.
Kind regards
SYED JAFAR
From: Haynes, Ralph <[email protected]> Subject: RE: 148 Colney Hatch lane licence application To: "Syed Jafar" Cc: "Rudland, Michelle" <[email protected]> Date: Friday, 15 October, 2010, 7:18
To agree Mr Jafar
You need to reply to me and to Licensing Michelle Rudland who will put the conditions on the license.
Regards
Ralph Haynes Group Manager Noise, Nuisance and Public Health, Environmental Health London Borough of Barnet, North London Business Park, Oakleigh Road South, London N11 1NP Tel: 020 8359 7448 Barnet Online: www.barnet.gov.uk Please consider the environment – do you really need to print this email?
From: Syed Jafar Sent: 15 October 2010 11:52 To: Haynes, Ralph Subject: Re: 148 Colney Hatch lane licence application
Mr. Haynes
Thank you for your email with all these proposals. To agree to your proposals, do I just need to reply to this email or do I need to send you a signed letter via post.
Please advice. Have a nice day.
Kind Regards
Syed Jafar
59
From: Haynes, Ralph <[email protected]> Subject: 148 Colney Hatch lane licence application To: "Syed Jafar" Cc: "Rudland, Michelle" <[email protected]> Date: Wednesday, 13 October, 2010, 9:36 Mr Jafar Further to our conversation as there are 3 residential premises above your premises I propose the following conditions to prevent nuisance and representations please agree the following conditions. 1. Before the commencement of licensed activities Isolate all the amplified speakers from the
structure of the premises with resilient rubber pads and/or anti-vibration pads. 2. If Environmental health receive valid noise complaints then the amplified music system in use
at the premises must include a noise limiting device which: measures the sound level in the premises by use of a tamper proof device permanently
sited at the premises. Such sound pressure levels are to be measured in octave band frequencies of 16,32,63, 125,250 and 500 Hz.
immediately withdraws power to the amplifier in the event that preset sound levels of any or all of the individual octave bands which have previously been agreed by the Group Manager, Public Health and Nuisance at the London Borough of Barnet, are exceeded. Such levels will be based upon inaudibility in residential properties between the hours of 2300 and 0700 hours. Outside of these times noise must not be at a level which causes a nuisance.
is permanently fixed in the premises in a location closest to nearest residential premises and cannot be altered, bypassed or tampered with in any way.
is correctly installed by a competent person, being an electrician who is enrolled with NICEIC.
includes electrical contact point switches fitted on all open able windows. Such switches to be fitted in series in a single electrical circuit loop such that in the event of the electrical contact switches becoming separated (by a window being opened) then the power to the amplifier is withdrawn immediately.
includes electrical contact point switches fitted on all open able doors to and to include fire doors used other than to enter or leave the premises under normal circumstances. Such switches to be fitted in series in a single electrical circuit loop together with the electrical contact switches fitted to the windows, such that in the event of the electrical contact switches becoming separated (by a fire door being opened) then the power to the amplifier is withdrawn immediately.
Regards Ralph Haynes Group Manager Noise, Nuisance and Public Health, Environmental Health London Borough of Barnet, North London Business Park, Oakleigh Road South, London N11 1NP Tel: 020 8359 7448 Barnet Online: www.barnet.gov.uk Please consider the environment – do you really need to print this email?
ANNEX 6
MATTERS FOR DECISION
MA
TT
ER
S F
OR
DE
CIS
ION
Za
ynZ
ah
, 1
48
Co
lne
y H
atc
h L
ane,
Lo
nd
on
, N10
1E
R
P
art
E –
Th
e p
erfo
rman
ce o
f L
ive
Mu
sic
– In
do
ors
on
ly
Sta
nd
ard
Day
s an
d T
imin
gs
Day
P
rop
ose
d
star
t ti
me
Pro
po
sed
fi
nis
h
tim
e
Gra
nte
d a
s ap
pli
cati
on
A
men
ded
to
: R
efu
sed
Mon
day
17:0
0hrs
23
:00h
rs
T
uesd
ay
17:0
0hrs
23
:00h
rs
W
edne
sday
17
:00h
rs
23:0
0hrs
Thu
rsda
y 17
:00h
rs
23:0
0hrs
Frid
ay
17:0
0hrs
23
:00h
rs
S
atur
day
17:0
0hrs
23
:00h
rs
S
unda
y 17
:00h
rs
23:0
0hrs
Add
ed c
ondi
tions
, if
any:
R
easo
ns fo
r de
cisi
ons
abov
e:
60
Par
t F
– T
he
pla
yin
g o
f R
eco
rded
Mu
sic
– B
oth
in
do
ors
an
d o
utd
oo
rs
Sta
nd
ard
Day
s an
d T
imin
gs
Day
P
rop
ose
d
star
t ti
me
Pro
po
sed
fi
nis
h
tim
e
Gra
nte
d a
s ap
pli
cati
on
A
men
ded
to
: R
efu
sed
Mon
day
11:3
0hrs
23
:00h
rs
T
uesd
ay
11:3
0hrs
23
:00h
rs
W
edne
sday
11
:30h
rs
23:0
0hrs
Thu
rsda
y 11
:30h
rs
23:0
0hrs
Frid
ay
11:3
0hrs
23
:00h
rs
S
atur
day
11:3
0hrs
23
:00h
rs
S
unda
y 11
:30h
rs
23:0
0hrs
Add
ed c
ondi
tions
, if
any:
R
easo
ns fo
r de
cisi
ons
abov
e:
61
Par
t G
– T
he
per
form
ance
of
Dan
ce –
In
do
ors
on
ly
Sta
nd
ard
Day
s an
d T
imin
gs
Day
P
rop
ose
d
star
t ti
me
Pro
po
sed
fi
nis
h
tim
e
Gra
nte
d a
s ap
pli
cati
on
A
men
ded
to
: R
efu
sed
Mon
day
17:0
0hrs
23
:30h
rs
T
uesd
ay
17:0
0hrs
23
:30h
rs
W
edne
sday
17
:00h
rs
23:3
0hrs
Thu
rsda
y 17
:00h
rs
23:3
0hrs
Frid
ay
17:0
0hrs
00
:00h
rs
S
atur
day
17:0
0hrs
00
:00h
rs
S
unda
y 17
:00h
rs
23:3
0hrs
Add
ed c
ondi
tions
, if
any:
R
easo
ns fo
r de
cisi
ons
abov
e:
62
Par
t L
: P
rovi
sio
n o
f la
te n
igh
t re
fres
hm
ent.
Bo
th in
do
ors
an
d o
utd
oo
rs
Sta
nd
ard
Day
s an
d T
imin
gs
Day
P
rop
ose
d
star
t ti
me
Pro
po
sed
fi
nis
h
tim
e
Gra
nte
d a
s ap
pli
cati
on
A
men
ded
to
: R
efu
sed
Mon
day
23:0
0hrs
00
:30h
rs
T
uesd
ay
23:0
0hrs
00
:30h
rs
W
edne
sday
23
:00h
rs
00:3
0hrs
Thu
rsda
y 23
:00h
rs
00:3
0hrs
Frid
ay
23:0
0hrs
01
:30h
rs
S
atur
day
23:0
0hrs
01
:30h
rs
S
unda
y 23
:00h
rs
00:3
0hrs
Add
ed c
ondi
tions
, if
any:
R
easo
ns fo
r de
cisi
ons
abov
e:
63
Par
t M
: t
o a
llow
th
e sa
le b
y re
tail
of
alco
ho
l fo
r co
nsu
mp
tio
n b
oth
on
an
d o
ff t
he
pre
mis
es
Sta
nd
ard
Day
s an
d T
imin
gs
Day
P
rop
ose
d
star
t ti
me
Pro
po
sed
fi
nis
h
tim
e
Gra
nte
d a
s ap
pli
cati
on
A
men
ded
to
: R
efu
sed
Mon
day
11:3
0hrs
00
:00h
rs
T
uesd
ay
11:3
0hrs
00
:00h
rs
W
edne
sday
11
:30h
rs
00:0
0hrs
Thu
rsda
y 11
:30h
rs
00:0
0hrs
Frid
ay
11:3
0hrs
01
:00h
rs
S
atur
day
11:3
0hrs
01
:00h
rs
S
unda
y 11
:30h
rs
00:0
0hrs
Add
ed c
ondi
tions
, if
any:
Rea
sons
for
deci
sion
s ab
ove:
64
Par
t O
: h
ou
rs p
rem
ises
are
op
en t
o t
he
pu
bli
c S
tan
dar
d D
ays
and
Tim
ing
s D
ay
Pro
po
sed
st
art
tim
e P
rop
ose
d
fin
ish
ti
me
Gra
nte
d a
s ap
pli
cati
on
A
men
ded
to
: R
efu
sed
Mon
day
11:3
0hrs
00
:30h
rs
T
uesd
ay
11:3
0hrs
00
:30h
rs
W
edne
sday
11
:30h
rs
00:3
0hrs
Thu
rsda
y 11
:30h
rs
00:3
0hrs
Frid
ay
11:3
0hrs
01
:30h
rs
S
atur
day
11:3
0hrs
01
:30h
rs
S
unda
y 11
:30h
rs
00:3
0hrs
No
n S
tan
dar
d T
imin
gs
/ Sea
son
al V
aria
tio
ns
Day
P
rop
ose
d s
tart
tim
e
Pro
po
sed
fin
ish
tim
e
Chr
istm
as E
ve
11:3
0 03
:00
(the
follo
win
g da
y)
New
Yea
rs E
ve
11:3
0 03
:00
(the
follo
win
g da
y)
Add
ed c
ondi
tions
, if
any:
Rea
sons
for
deci
sion
s ab
ove:
65
AGENDA ITEM: 9 Pages 1 – 42
Meeting ing Licensing Sub-Committee Licensing Sub-Committee
Date Date 6 DECEMBER 2010 6 DECEMBER 2010
Subject Subject Travelodge, 1446 High Road, Whetstone, London Travelodge, 1446 High Road, Whetstone, London
Report of Report of Democratic Services Manager/Licensing Officer Democratic Services Manager/Licensing Officer
Summary Summary This report asks the Sub-Committee to consider an application for a new premises licence under the Licensing Act 2003 This report asks the Sub-Committee to consider an application for a new premises licence under the Licensing Act 2003
Officer Contributors Jonathan Regal – Democratic Services (covering report)
Michelle Rudland – Licensing Officer (Licensing Officer’s Report)
Status (public or exempt) Public
Ward(s) affected Oakleigh
Enclosures Enclosure : Report of the Licensing Officer and Decision Sheets including Written Representations
For decision by Licensing Sub-Committee
Function of Council
Reason for urgency / exemption from call-in (if appropriate)
Not applicable
Contact for further information: Jonathan Regal, Democratic Services, 020 8359 2012.
1
2
1. RECOMMENDATIONS 1.1 That the Sub–Committee consider the application for a new premises licence. 2. RELEVANT PREVIOUS DECISIONS 2.1 None. 3. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 3.1 The Council’s Licensing policy. 4. RISK MANAGEMENT ISSUES 4.1 Not applicable. 5. EQUALITIES AND DIVERSITY ISSUES 5.1 Licence applications are dealt with according to the provisions of the Licensing Act 2003
and associated Regulations which allow both applications and representations to applications to be made by all sectors of the community.
6. USE OF RESOURCES IMPLICATIONS (Finance, Procurement, Performance & Value for Money, Staffing, IT, Property, Sustainability) 6.1 None. 7. LEGAL ISSUES 7.1 Valid representations have been received to the application, which is therefore before the
Sub-Committee for consideration. 8. CONSTITUTIONAL POWERS 8.1 The Licensing Sub-Committee will discharge the functions under the Licensing Act 2003
and associated Regulations, as delegated to it by the Licensing Committee. 9. BACKGROUND INFORMATION 9.1 The application and report of the Licensing Officer and appendices are attached to this
report. 10. LIST OF BACKGROUND PAPERS 10.1 None. Legal – RH
LICENSING ACT 2003
OFFICERS REPORT
Travelodge, 1446 High Road, Whetstone, London, N20 9BS 1. The Applicants
The application was submitted by Berwin Leighton Paisner LLP on behalf of Travelodge Hotels Ltd, Sleepy Hollow, Aylesbury Road, Thame, Oxon, OX9 3AT
2. The Application
This is an application was received on 5 October 2010 under Section 17 of the Licensing Act 2003 for a new Premises Licence however was not accepted by the Licensing Authority until 13 October due to the plan being missing from the application documents. The application seeks to allow the following: The provision of Late night refreshment from 23:00hrs until 05:00hrs Monday to Sunday To allow the premises to remain open to the public 24hrs a day Monday to Sunday The sale of alcohol for consumption both on and off the premises 24hrs a day Monday
to Sunday. Between 23:00hrs and 07:00hrs alcohol shall only be sold or supplied to hotel residents
and their bona fide guests.
A full copy of the application can be seen in Annex 1 attached to this application. 3. Representation
The Licensing Authority is in receipt of 5 relevant representation from an interested party and a petition containing the signatures of 17 further local residents. These representations relate to the likely affect that the granting of this application would have on all four of the licensing objectives.
The interested party representations can be found in Annex 2 attached to this report.
4. Officers Comments
Statement of Policy The Council's Policy makes it clear that the decision taken by the Council will be focused on matters that are within the control of the individual licensees and others granted relevant permissions. Accordingly, these matters will centre on the premises and places being used for licensable activities and the vicinity of those premises and places. The Council will focus on the direct impact of activities taking place at the licensed premises on both adults and children lining in, working in or visiting the area concerned.
The Statutory Guidance at 2.4 and 2.39 refers to the control of behaviour away from licensed premises.
5. Attaching conditions
The operating schedule, which is part of the application, includes certain additional steps that the applicant will take to protect the licensing objectives. These will become enforceable conditions, should the licence be granted. Additional conditions may be attached to the licence if the Committee thinks it appropriate.
3
4
The Committee must have regard to all of the representations made and the evidence it hears, and is asked to note that it may not attach conditions or reject the whole or part of the application merely because it considers it desirable to do so. It must actually be necessary in order to promote the licensing objectives.
In relation to conditions, the statutory guidance at chapter 10.11 states amongst other things that “The licensing authority may not impose any conditions unless its discretion has been engaged following receipt of relevant representations and it has been satisfied at a hearing of the necessity to impose conditions. It may then only impose conditions that are necessary to promote one or more of the four licensing objectives. Such conditions must also be expressed in unequivocal and unambiguous terms to avoid legal dispute.”
Full Copies of the Councils Statement of Licensing Policy, the Statutory Guidance to the Act and the Council’s Guide to Good Practice at Licensed Premises will be available at the Licensing Sub Committee hearing or in advance if required.
A map centrally locating the premises and a plan shall be made available at the hearing. Michelle Rudland Licensing Officer Thursday, 22nd November 2010 Annex 1 – Application Form Annex 2 – Interested Party Representations and Petition Annex 3 – Matters for decision
ANNEX 1
APPLICATION FORM
Application for a premises licence to be grantedunder the Licensing Act 2003
PLEASEREADTHE FOLLOWING INSTRUCTIONS FIRST
Before completing this form please read the guidance notes at the end of the form.If you are completing this form by hand pleasewrite legibly in block capitals. In all casesensure thatyour answers are inside the boxes and written in black ink. Useadditional sheets if necessary.You may wish to keep a copy of the completed form for your records.
We, TRAVELODGE HOTELS LIMITED, apply for a premises licence under section 17of the Licensing Act 2003 for the premises described in Part 1 below (thepremises) and we are making this application to you as the relevant licensingauthority in accordance with section 12 of the Licensing Act 2003
Part 1 - Premises details
Postal address of premises or, if none, ordnance survey map reference or description
Travelodge1446 High RoadWhetstoneBarnet
Post town London I Postcode N20 9BS
Telephone number of premises (if any)
Non-domestic rateable value of premises I Not yet assessed
Part 2 - Applicant detailsPleasestate whether you are applying for a premises licence as
Please tick ./ yes
a) an individual or individuals*
b) a person other than an individual*
i. as a limited company
D please complete section (A)
c:::J pleasecomplete section (B)ii. as a partnership D please complete section (B)
iii. as an unincorporated association or D pleasecomplete section (B)
iv. other (for example a statutory corporation) D pleasecomplete section (B)
c) a recognised club
d) a charity
14606026.11
D please complete section (B)
D please complete section (B)
5
r
e) the proprietor of an educational establishment D please complete section (B)
f) a health service body D please complete section (B)
g) a person who is registered under Part 2 of the D please complete section (B)Care Standards Act 2000 (c14) in respect of anindependent hospital
h) the chief officer of police of a police force 0 please complete section (B)in England and Wales
* If you are applying as a person described in (a) or (b) please confirm:
Please tick ./ yes
• I am carrying on or proposing to carry on a businesswhich involves the use of the premises for licensable activities; or
• I am making the application pursuant to a
statutory function or Da function discharged by virtue of Her Majesty's prerogative D
(A) INDIVIDUAL APPLICANTS (fill in as applicable)
MrD Mrs D Miss D MsD Other title D(for example, Rev)
D
Surname
1__ -
I am 18 years old or over
Current postaladdress ifdifferent frompremises address
First names
1 _
Please tick./ yes
Daytime contact telephone number
PostcodePost Town
E-mail address(optional)
____ I
_____ 1
- 1
214606026.1
6
SECOND INDMDUAL APPLICANT (if applicable)
Mr D Mrs D Miss D MsD Other title D(for example, Rev)
Surname
I
I am 18 years old or over
Current postaladdress ifdifferent frompremises address
First names
1 _
Please tick./ yes D
Daytime contact telephone number
PostcodePost town
E-mail address(optional)
I
_____ 1
- 1
I',
(B) OTHER APPLICANTS
Please provide name and registered address of applicant in full. Where appropriate pleasegive any registered number. In case of a partnership or other joint venture (other than abody corporate), please give the name and address of each party concerned
Name TRAVELODGE HOTELS LIMITED
Address Sleepy HollowAylesbury RoadThameaxonOX9 3AT
Registered number (where applicable)
00769170
Description of applicant (for example, partnership, company, unincorporated association etc)
PRIVATE LIMITED COMPANY
Telephone number (if any)
E-mail address (optional)
314606026.1
7
Part 3 - Operating Schedule
When do you want the premises licence to start?
If you wish the licence to be valid only for a limited period,when do you want it to end?
If 5,000 or more people are expected to attend the premises at anyone time,please state the number expected to attend.
Please give a general description of the premises (please read guidance note 1)
The premises operate as a hotel. A licensed bar/cafe will be operated on the first floor of the premises.
414606026.1
8
What licensable activities do you intend to carry on from the premises?(Please see sections 1 and 14 of the Licensing Act 2003 and Schedule 1 and 2 to the Licensing Act2003)
Please tick .{'yes
Provision of regulated entertainment
a)
b)
c)
d)
e)
f)
g)
h)
plays (if ticking yes, fill in box A)
films (if ticking yes, fill in box B)
indoor sporting events (if ticking yes, fill in box C)
boxing or wrestling entertainment (if ticking yes, fill in box D)
live music (if ticking yes, fill in box E)
recorded music (if ticking yes, fill in box F)
performances of dance (if ticking yes, fill in box G)
anything of a similar description to that falling within (e), (f) or (g)
(if ticking yes, fill in box H)
DDDDDDDD
Provision of entertainment facilities for:
i)
j)
k)
making music (if ticking yes, fill in box I)
dancing (if ticking yes, fill in box J)
entertainment of a similar description to that falling within (i) or (j)
(if ticking yes, fill in box K)
DDD
Provision of late night refreshment (if ticking yes, fill in box L)
SUDDlvof alcohol (if ticking yes, fill in box M)
In all cases complete boxes N, 0 and P
514606026.1
9
A
Plays Will the Derformance of a Dlav take Dlace Indoors
Standard days and timings indoors or outdoors or both - Dlease tick r ,11(please read guidance (please read guidance note 2) Outdoors
note 6)
Day Start Finish Both
Mon Please aive further details here (please read guidance note 3)
Tue
Wed State anv seasonal variations for Derformina Dlavs (please read
guidance note 4)
Thur
Fri Non standard timinas. Where vou intend to use the Dremises for the
Derformance of Dlavs at different times to those listed in the column
on the left. Dlease list (please read guidance note 5)Sat
Sun
614606026.1
10
B
Films Will the exhibition of films take Dlace indoors or Indoors
Standard days and timings outdoors or both - Dlease tick r,(1 (please read
(please read guidance guidance note 2) Outdoors
note 6)
Day Start Finish Both
Mon Please aive further details here (please read guidance note 3)
Tue
Wed State anv seasonal variations for the exhibition of films (please read
guidance note 4)
Thur
Fri Non standard timinas. Where vou intend to use the Dremises for the
exhibition of films at different times to those listed in the column on
Satthe left. Dlease list (please read guidance note 5)
Sun
714606026.1
11
cIndoor sporting Please aive further details here (please read guidance note 3)
events
Standard days and timings
(please read guidance
note 6)
Day Start Finish
Mon
Tue State any seasonal variations for indoor sDortina events (please read
guidance note 4)
Wed
Thur Non standard timinas. Where yOU intend to use the Dremises for
indoor sDortina events at different times to those listed in the
column on the left. Dlease list (please read guidance note 5)Fri
Sat
Sun
814606026.1
12
o
Boxing or wrestling Will the boxina or wrestlina entertainment take Indoors
entertainment place indoors or outdoors or both - please tick
Standard days and timings I.!'J (please read guidance note 2) Outdoors
(please read guidance
note 6)
Day Start Finish Both
Mon Please aive further details here (please read guidance note 3)
Tue
Wed State anv seasonal variations for boxina or wrestlina entertainment
(please read guidance note 4)
Thur
Fri Non standard timinas. Where vou intend to use the premises for
boxina or wrestlina entertainment at different times to those listed
in the column on the left. please list (please read guidance note 5)Sat
Sun
914606026.1
13
E
Live music Will the oerformance of live music take olace Indoors
Standard days and timings indoors or outdoors or both - olease tick r ,11(please read guidance (please read guidance note 2) Outdoors
note 6)
Day Start Finish Both
Mon Please aive further details here (please read guidance note 3)
Tue
Wed State anv seasonal variations for the oerformance of live music
(please read guidance note 4)
Thur
Fri Non standard timinas. Where vou intend to use the oremises for the
oerformance of live music at different times to those listed in the
column on the left. olease list (please read guidance note 5)Sat
Sun
1014606026.1
14
F
Recorded music Will the Dlavina of recorded music take Dlace Indoors
Standard days and timings indoors or outdoors or both - Dlease tick r,(1(please read guidance (please read guidance note 2) Outdoors
note 6)
Day Start Finish Both
Mon Please aive further details here (please read guidance note 3)
Tue
Wed State any seasonal variations for the Dlavina of recorded music
(please read guidance note 4)
Thur
Fri Non standard timinas. Where you intend to use the Dremises for the,
Dlavina of recorded music at different times to those listed in the
column on the left. Dlease list (please read guidance note 5)Sat
Sun
1114606026.1
15
G
Performances of dance Will the oerformance of dance take Dlace Indoors
Standard days and timings indoors or outdoors or both - Dlease tick r ,11(please read guidance (please read guidance note 2) Outdoors
note 6)
Day Start Finish Both
Mon Please aive further details here (please read guidance note 3)
Tue
Wed State anv seasonal variations for the oerformance of dance
(please read guidance note 4)
Thur
Fri Non standard timinas. Where vou intend to use the Dremises for the
Derformance of dance at different times to those listed in the column
on the left. Dlease list (please read guidance note 5)Sat
Sun
1214606026.1
16
H
Anything of a similar Please aive a descriDtion of the tvDe of entertainment vou will be
description to that Drovidina
falling within (e), (f)
or (g)
Standard days and timings
(please read guidance
note 6)
Day Start Finish Will this entertainment take Dlace indoors or Indoors
outdoors or both - Dlease tick r,11 (please read
Mon . guidance note 2) Outdoors
Both
Tues Please aive further details here (please read guidance note 3)
Wed
Thur State anv seasonal variations for entertainment of a similar
descriDtion to that fallina within (el. (f) or (al (please read guidance
note 4)Fri
Sat Non standard timinas. Where vou intend to use the Dremises for the
entertainment of a similar descriDtion to that fallina within (el. (f) or
(al at different times to those listed in the column on the left. DleaseSun list (please read guidance note 5)
1314606026.1
17
I
Provision of facilities Please aive a descriotion of the facilities for makina music you will
for making music be orovidina
Standard days and timings
(please read guidance
note 6)
Will the facilities for makina music be indoors or Indoors
outdoors or both - olease tick r ,11 (please read
guidance note 2) Outdoors
Day Start Finish Both
Mon Please aive further details here (please read guidance note 3)
Tues
Wed State any seasonal variations for the orovision of facilities for
makina music (please read guidance note 4)
Thur
Fri Non standard timinas. Where yOUintend to use the oremises for
orovision of facilities for makina music at different times to those
listed in the column on the left. olease list (please read guidance note 5)Sat
Sun
1414606026.1
18
J
Provision of facilities Will the facilities for dancina be indoors or Indoors
for dall1cing outdoors or both - Dlease tick r ,11 (please read
Standard days and timings guidance note 2) Outdoors
(please read guidance
note 6)
Day Start Finish Both
Please aive a descriDtion of the facilities for dancina vou will be
Drovidina
Mon Please aive further details here (please read guidance note 3)
Tue
Wed State anv seasonal variations for Drovidina dancina facilities
(please read guidance note 4)
Thur
Fri Non standard timinas. Where vou intend to use the Dremises for the
Derformance of dance at different times to those listed in the column
on the left. please list (please read guidance note 5)Sat
Sun
1514606026.1
19
K
Provision of facilities Please aive a descriDtion of the facilities for dancina YOUwill be
for entertainment of Drovidina
a similar description
to that falling within
IorJ
Standard days and timings
(please read guidance
note 6)
Day Start Finish Will the entertainment facilitv be indoors or Indoors
outdoors or both - Dlease tick r ,/1 (please readMon guidance note 2) Outdoors
Both
Tues Please aive further details here (please read guidance note 3)
Wed
Thur State any seasonal variations for Droyision of facilities for
entertainment of a similar descriDtion to that fallina within ior k
(please read guidance note 4)Fri
Sat Non standard timinas. Where yOUintend to use the Dremises for the
Drovision of facilities for entertainment of a similar descriDtion to
that fallina within I or J at different times to those listed in theSun column on the left. Dlease list (please read guidance note 5)
1614606026.1
20
L
Late night Will the Drovision of late niaht refreshment take Indoors./
refresh ment Dlace indoors or outdoors or both - Dlease tick
Standard days and timings [{l (please read guidance note 2) Outdoors
(please read guidance
note 6)
Day Start Finish Both
Mon 23.00 05.00 Please aive further details here (please read guidance note 3)
following
day
Tue 23.00 05.00
- following
day
Wed 23.00 05.00 State any seasonal variations for the Drovision of late niaht
following refreshment (please read guidance note 4)
day
Thur 23.00 05.00
following
day
Fri 23.00 05.00 Non standard timinas. Where you intend to use the Dremises for the
following Drovision of late niaht refreshment at different times. to those listed
day in the column on the left. Dlease list (please read guidance note 5)
Sat 23.00 05.00 The premises will operate on a 24 hour a day basis.
following
day
Sun 23.00 05.00
following
day
1714606026.1
.-21
M
Supply of Alcohol Will the sale of alcohol be for On the premises
Standard days and timings consumotion - olease tick box r,(1 (please(please read guidance read guidance note 7) Off the Premise
note 6)
Day Start Finish Both ,(
Mon 00.00 00.00 State any seasonal variations for the suoolv of alcohol (please read
following guidance note 4)
day
Tue 00.00 00.00
following
day
Wed 00.00 00.00
following
day
Thur 00.00 00.00 Non standard timinas. Where you intend to use the oremises for the
following suoolv of alcohol at different times to those listed in the column on
day the left. olease list (please read guidance note 5)
Fri 00.00 00.00
following
day
Sat 00.00 00.00
following
day
Sun 00.00 00.00
following
day
1814606026.1
·1
22
State the name and details of the individual whom you wish to specify on the licence aspremises supervisor
Name John Underhill
Address 33 Kingsfisher Road, Doncaster
Postcode DN6 7UT
Personal Licencenumber (if known) DNllRN 0089
Issuing licensing authority (if known) Doncaster Metropolitan Borough Council
N
Please highlight any adult entertainment or services, activities, other entertainment ormattell'S ancillary to the use of the premises that may give rise to concern in respect ofchildren (please read guidance note 8)
NONE
1914606026.1
23
o
Hours premises are State anv seasonal variation (please read guidance note 4)
open to the public The premises will operate on a 24 hour a day basis.Standard days and timings(please read guidance note6)
Day Start Finish
Mon 00.00 00.00followIngday
Tue 00.00 00.00followingday
Wed 00.00 00.00 Non standard timinas. Where vou intend to use the oremises to befollowing ooen to the oublic at differenttimes from those listed in the columnday on the left. olease list (please read guidance note 5)
Thur 00.00 00.00followingday
Fri 00.00 00.00followingday
Sat 00.00 00.00followingday
Sun 00.00 00.00followingday
2014606026.1
24
"
p
Describe the steps you intend to take to promote the four licensing objectives:a) General- all four licensing objectives (b, c, d, e) (please read guidance note 9)
All staff are trained in the appropriate legislation.
Between 23.00 and 07.00, alcohol will only be sold or supplied to hotel residents and their bonafide guests.
b) The prevention of crime and disorder
Advice will be taken from local Police in relation to local concerns. The premises operateprimarily as a Hotel and other licensable activity is purely ancillary to that use.
c) Public safety
The company is fully aware of its responsibilities in relation to Health & Safety.
d) The prevention of public nuisance
If required, notices will be displayed reminding patrons to leave quietly and respect the localresidential amenity.
e) The protection of children from harm
All under-16s will be accompanied by an adult in areas where licensable activity takes place.
2114606026.1
25
Please tick ./ yes
•••
•
••
I have made or enclosed payment of the fee
I have enclosed the plan of the premises
I have sent copies of this application and the plan to responsible authorities and otherswhere applicable
I have enclosed the consent form completed by the individual I wish to be premisessupervisor, if applicable
I understand that I must now advertise my application
I understand that if I do not comply with the above requirements my application will berejected
IT IS AN OFFENCE, LIABLE ON CONVICTION TO A FINE UP TO LEVEL 5 ON THESTANDARD SCALE, UNDER SECTION 158 OF THE LICENSING ACT 2003, TO MAKE AFALSE STATEMENT IN OR IN CONNECTION WITH THIS APPLICATION
Part 4 - Signatures (please read guidance note 10)
Signature of applicant or applicant's solicitor or other duly authorised agent. (See guidance note11). If signing on behalf of the applicant please state in what capacity.
Signature ~
Date 4- \ , 0 \~Q) \C)Capacity BERWIN LEIGHTON PAISNER LLP, SOLICITORS for and on behalf of the Applicant.
For joint applications signature of 2nd applicant or 2nd applicant's solicitor or other authorisedagent. (Please read guidance note 12). If signing on behalf of the applicant please state in whatcapacity. NI A
Signature
Date
Capacity
Contact name (where not previously given) and postal address for correspondenceassociated with this application (please read guidance note 13)
BERWIN LEIGHTON PAISNER LLP, SOLICITORSADELAIDE HOUSELONDON BRIDGE
Post town LONDON I Postcode EC4R 9HA
Telephone number (if any) 020 3400 2326
If you would prefer us to correspond with you bye-mail your e-mail address (optional)
Craig. [email protected]
2214606026.1
26
Notes for guidance
1 Describe the premises. For example the type of premises, its general situation and layout and anyother information which could be relevant to the licensing objectives. Where your applicationincludes off-supplies of alcohol and you intend to provide a place for consumption of these off-supplies you must include a description of where the place will be and its proximity to thepremises.
2 Where taking place in a building or other structure please tick as appropriate. Indoors may includea tent.
3 For example the type of activity to be authorised, if not already stated, and give relevant furtherdetails, for example (but not exclusively) whether or not music will be amplified or unamplified.
4 For example (but not exclusively), where the activity will occur on additional days during thesummer months.
5 For example (but not exclusively), where you wish the activity to go on longer on a particular daye.g. Christmas Eve.
6 Please give timings in 24 hour clock (e.g. 16:00) and only give details for the days of the weekwhen you intend the premises to be used for the activity.
7 If you wish people to be able to consume alcohol on the premises pleasetick on, if you wish peopleto be able to purchase alcohol to consume away from the premises please tick off. If you wishpeople to be able to do both pleasetick both.
8 Pleasegive information about anything intended to occur at the premises or ancillary to the use ofthe premises which may give rise to concern in respect of children, regardless of whether youintend children to have access to the premises, for example (but not exclusively) nudity orsemi-nudity, films for restricted age groups, the presence of gaming machines.
9 Pleaselist here steps you will take to promote all four licensing objectives together.
10 The application form must be signed.
11 An applicant's agent (for example solicitor) may sign the form on their behalf provided that theyhave actual authority to do so.
12 Where there is more than one applicant, both applicants or their respective agents must sign theapplication form.
13 This is the address which we shall use to correspond with you about this application.
2314606026.1
27
ANNEX 2
INTERESTED PARTY REPRESENTATIONS
AND PETITION
28
29
30
31
32
33
34
35
36
37
38
39
ANNEX 3
MATTERS FOR DECISION
MA
TT
ER
S F
OR
DE
CIS
ION
Tra
velo
dg
e, 1
446
Hig
h R
oad
, W
het
sto
ne,
Lo
nd
on
, N20
9B
S
P
art
L:
Pro
visi
on
of
late
nig
ht
refr
esh
men
t. B
oth
ind
oo
rs a
nd
ou
tdo
ors
S
tan
dar
d D
ays
and
Tim
ing
s D
ay
Pro
po
sed
st
art
tim
e P
rop
ose
d
fin
ish
ti
me
Gra
nte
d a
s ap
pli
cati
on
A
men
ded
to
: R
efu
sed
Mon
day
23:0
0 05
:00
T
uesd
ay
23:0
0 05
:00
W
edne
sday
23
:00
05:0
0
Thu
rsda
y 23
:00
05:0
0
Frid
ay
23:0
0 05
:00
S
atur
day
23:0
0 05
:00
S
unda
y 23
:00
05:0
0
Add
ed c
ondi
tions
, if
any:
Rea
sons
for
deci
sion
s ab
ove:
40
Par
t M
: t
o a
llow
th
e sa
le b
y re
tail
of
alco
ho
l fo
r co
nsu
mp
tio
n b
oth
on
an
d o
ff t
he
pre
mis
es
Sta
nd
ard
Day
s an
d T
imin
gs
Day
P
rop
ose
d
star
t ti
me
Pro
po
sed
fi
nis
h
tim
e
Gra
nte
d a
s ap
pli
cati
on
A
men
ded
to
: R
efu
sed
Mon
day
00:0
0 24
:00
T
uesd
ay
00:0
0 24
:00
W
edne
sday
00
:00
24:0
0
Thu
rsda
y 00
:00
24:0
0
Frid
ay
00:0
0 24
:00
S
atur
day
00:0
0 24
:00
S
unda
y 00
:00
24:0
0
Off
icer
Co
mm
ents
–
The
app
lican
ts h
ave
stat
ed t
hat
betw
een
23:0
0hrs
and
07:
00hr
s al
coho
l sha
ll on
ly b
e so
ld o
r su
pplie
d to
hot
el r
esid
ents
and
th
eir
bona
fid
e gu
ests
. S
houl
d th
e ap
plic
atio
n b
e gr
ant
ed t
his
will
aut
omat
ical
ly b
e a
con
ditio
n a
ttac
hed
to a
nnex
2 o
f th
e pr
emis
es li
cenc
e
Add
ed c
ondi
tions
, if
any:
Rea
sons
for
deci
sion
s ab
ove:
41
Par
t O
: h
ou
rs p
rem
ises
are
op
en t
o t
he
pu
bli
c S
tan
dar
d D
ays
and
Tim
ing
s D
ay
Pro
po
sed
st
art
tim
e P
rop
ose
d
fin
ish
ti
me
Gra
nte
d a
s ap
pli
cati
on
A
men
ded
to
: R
efu
sed
Mon
day
00:0
0 24
:00
T
uesd
ay
00:0
0 24
:00
W
edne
sday
00
:00
24:0
0
Thu
rsda
y 00
:00
24:0
0
Frid
ay
00:0
0 24
:00
S
atur
day
00:0
0 24
:00
S
unda
y 00
:00
24:0
0
Add
ed c
ondi
tions
, if
any:
Rea
sons
for
deci
sion
s ab
ove:
42