summary - civica 75 fri… · postal address of premises, or if none, ordnance survey map reference...

Meeting Licensing Sub-Committee

Date Monday 17th February 2014

Subject Costcutter, 75 Friern Barnet Road, London, N11 3EH

Report of Trading Standards & Licensing Manager

Summary This report asks the Sub-Committee to consider the application to vary a premises licence to specify an individual as designated premises supervisor under the Licensing Act 2003.

Officer Contributors Jack Dowler – Trading Standards and Licensing Technical Officer

Status (public or exempt) Public

Wards Affected Coppetts Ward

Enclosures Enclosure 1 – Report of the Licensing Officer Enclosure 2 – DPS Variation Application Enclosure 3 – Police Objection Enclosure 4 – Matters for Decisions Enclosure 5 – Current Premises Licence

For decision: Licensing Sub-Committee

Function of: Council

Reason for urgency / exemption from call-in (if appropriate)

Not applicable

Contact for Further Information: Jack Dowler 020 8359 7443; [email protected]

1. RECOMMENDATIONS

1.1 That the Sub-Committee considers the application for an application to vary a premises licence to specify an individual as designated premises supervisor under the Licensing Act 2003.

2. RELEVANT PREVIOUS DECISIONS

2.1 None.

3. CORPORATE PRIOTY 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 representation has 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. Cleared by Legal (Officer’s initials) BH

ENCLOSURE 1

Officers Report

This page is intentionally left blank

LICENSING ACT 2003

Licensing officer’s report

DPS Variation Application Costcutter, 75 Friern Barnet Road, London, N11 3EH

The Application This Application to vary the premises licence to specify a designated premises supervisor (DPS Variation Application) was submitted under section 37 of the Licensing Act 2003 by London Solicitors, Office 1, Heron House, Hale Wharf, Ferry Lane, N17 9NF. The application proposes to place Mr Emrah Ozdil onto the premises licence as the Designated Premises Supervisor. Mr Emrah Ozdil holds a personal licence that was issued by the London Borough of Waltham Forest. A copy of the DPS Variation Application can be found in Enclosure 2 attached to this report. Objection The police having been provided with a copy of the Application have provided the Licensing Authority with their representation. This was received by the licensing authority on Thursday 9th January 2014. For the reasons identified in their Notice the Police have stated that they are satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective. A copy of the Police Objection can be found attached to this report in Enclosure 3. Officer Comments - Statutory Guidance 4.18 Every premises licence that authorises the sale of alcohol must specify a DPS. This will normally be the person who has been given day to day responsibility for running the premises by the premises licence holder. The only exception is for community premises which have successfully made an application to remove the usual mandatory conditions set out in the 2003 Act. Guidance on such applications is set out in paragraphs 4.33 to 4.46 of this Guidance.

4.19 The Government considers it essential that police officers, fire officers or officers of the licensing authority can identify immediately the DPS so that any problems can be dealt with swiftly. For this reason, the name of the DPS and contact details must be specified on the premises licence and this must be held at the premises and displayed in summary form. 4.20 To specify a DPS, the premises licence holder should normally submit an application to the licensing authority (which may include an application for immediate interim effect) with: • a form of consent signed by the individual concerned to show that they consent to taking on this responsible role, and • the relevant part (Part A) of the licence. 4.26 The police may object to the designation of a new DPS where, in exceptional circumstances, they believe that the appointment would undermine the crime prevention objective. The police can object where, for example, a DPS is first specified in relation to particular premises and the specification of that DPS in relation to the particular premises gives rise to exceptional concerns. For example, where a personal licence holder has been allowed by the courts to retain their licence despite convictions for selling alcohol to children (a relevant offence) and then transfers into premises known for underage drinking. 4.27 Where the police do object, the licensing authority must arrange for a hearing at which the issue can be considered and both parties can put forward their arguments. The 2003 Act provides that the applicant may apply for the individual to take up post as DPS immediately and, in such cases, the issue would be whether the individual should be removed from this post. The licensing authority considering the matter must restrict its consideration to the issue of crime and disorder and give comprehensive reasons for its decision. Either party would be entitled to appeal if their argument is rejected. Jack Dowler Trading Standards and Licensing Technical Officer Monday, 20 January 2014 Enclosure 2 – DPS Variation Application Enclosure 3 – Police Objection Enclosure 4 – Matters for Decisions Enclosure 5 – Current Premises Licence

ENCLOSURE 2

DPS Variation Application

ENCLOSURE 3

Police Objection

London Borough Barnet Licensing Team Building 4 North London Business Park Oakleigh Road South London N11 1NP

Colindale Police Station Grahame Park Way Hendon NW9 5TW Telephone: 020 8733 5261 Facsimile: 020 8733 5268 e-mail: [email protected] Date: 9th January 2014

Ref: Our ref: 01SX/9/2014

CC: London Borough of Barnet Police objection to a DPS Mr Emrah Ozdil Section 37 Licensing Act 2003

Notice Received: 9th January 2014 From: London Solicitors Premises: Costcutter 75 Friern Barnet Road London N11 3EH For the following reason(s) Police are satisfied that the exceptional circumstances of the case are such that by granting the application would undermine the crime prevention objective.

On the 10th October 2013 Mr Emrah OZDILl was found guilty at North London Magistrates Court for the possession of a controlled substance (cannabis) and was fined £100.00 plus costs of £85.00. This makes this current conviction unspent.

On the 10th April 2013 Mr Emrah OZDIL was found guilty at East London Magistrates Court for possession of a controlled drug (cannabis) and was fined £150 plus costs of £85. This conviction is also unspent.

On the 11th March 2011 Mr Emrah OZDILl was found guilty at Isleworth Crown Court for the possession and improper use of another persons identity and was given a suspended prison sentence for 26 weeks (wholly suspended 12 months) plus an unpaid work requirement of 80 hours.

Mr Emrah OZDIL has had a number of cautions for possession of controlled substance; possessing an offensive weapon in a public place; Using disorderly behaviour or threatening abusive insulting words likely to cause offense in a public place.

The Police respectfully request that the application is refused in order to fully promote the 4 licensing objectives. Yours Sincerely,

Vicky Wilcock - On behalf of Sergeant Mark Altman Licensing Office Barnet Borough Police.

ENCLOSURE 4

Matters for Decision

DPS VARIATION APPLICATION

COSTCUTTER, 75 FRIERN BARNET ROAD, LONDON, N11 3EH MATTERS FOR DECISION

Decision

GRANT

REFUSE

(Delete where appropriate)

Reasons for decisions above:

ENCLOSURE 5

Premises Licence

Licensing Act 2003

Part A: Premises Licence Premises Licence Number: LN/199905442

Licensing Authority: London Borough of Barnet, Building 4, North London Business Park Oakleigh Road South New Southgate, London, N11 1NP

LPRL/07/18116 (12/12/2013)

Part 1 – Premises details

Postal address of premises, or if none, ordnance survey map reference or description Costcutter, 75 Friern Barnet Road

Post Town London

Post code N11 3EH

Telephone number 020 8368 2687

Where the licence is time limited the dates

This premises licence is not time limited

Licensable activities authorised by the licence

The Sale by Retail of Alcohol

The times the licence authorises the carrying out of licensable activities

Sale by retail of alcohol Standard Days and Timings: Monday to Saturday 08:00hrs - 23:00hrs Sunday 10:00hrs - 22:30hrs Non Standard Timings and Seasonal Variations: Good Friday 08:00hrs - 22:30hrs Christmas Day 12:00hrs - 15:00hrs 19:00hrs - 22:30hrs

The hours that the premises are open to the public

Not Restricted

Where the licence authorises supplies of alcohol whether these are on and/ or off supplies

Off supplies only

Part 2

Name, (registered) address, telephone number and email (where relevant) of holder of premises licence Mr Yusuf Kaba 9 The Mile End Walthamstow London E17 5QE

Registered number of holder, for example company number, charity number (where applicable)

N/A

Name, address and telephone number of designated premises supervisor where the premises licence authorises for the supply of alcohol

Mr Zia-Ul-Hasan Shah 217 Lynton Road Harrow London HA2 9NH

Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol

148761 - London Borough of Harrow

Annex 1 - Mandatory Conditions 1 No supply of alcohol may be made under the premises licence-

(a) at a time when there is no designated premises supervisor in respect of the premises

licence, or (b) at a time when the designated premises supervisor does not hold a personal licence or

his personal licence is suspended.

2 Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

3 (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

(2) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.

Annex 2 – Conditions consistent with the operating schedule 4 Alcohol shall not be sold or supplied except during permitted hours.

5 In this condition, permitted hours means:

a. On weekdays, other than Christmas Day, 8 a.m. to 11 p.m. b. On Sundays, other than Christmas Day, 10 a.m. to 10.30 p.m. c. On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m. d. On Good Friday, 8 a.m. to 10.30 p.m.

6 The above restrictions do not prohibit:

a. During the first twenty minutes after the above hours, the taking of the alcohol from the

premises, unless the alcohol is supplied or taken in an open vessel; b. The ordering of alcohol to be consumed off the premises, or the despatch by the vendor

of the alcohol so ordered; c. The sale of alcohol to a trader or club for the purposes of the trade or club; d. The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale

or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

7 Alcohol shall not be sold in an open container or be consumed in the licensed premises.

Annex 3 – Conditions attached after hearing by the licensing authority N/A

Annex 4 - Plan As submitted to the Council with the application for the grant of a premises licence under schedule 8 of the Licensing Act 2003. Reference: LPRL/07/18116

summary - civica 75 fri… · postal address of premises, or if none, ordnance survey map reference...

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