AGENDA ITEM: Page nos. 1 - 54

AGENDA ITEM: 5 Page nos. 1 - 54

Meeting eting Licensing Sub-Committee Licensing Sub-Committee

Date Date 15 OCTOBER 2009 15 OCTOBER 2009

Subject Subject Foodlink, 14 -14a Greenhill Parade, Great North Road, Barnet, Herts, EN5 1ET Foodlink, 14 -14a Greenhill Parade, Great North Road, Barnet, Herts, EN5 1ET

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 Review of a Premises Licence under the Licensing Act 2003

This report asks the Sub-Committee to consider an application for a Review of a Premises Licence under the Licensing Act 2003

Officer Contributors Stephanie Chaikin - Democratic Services (covering report) Michelle Rudland, Licensing Officer (Licensing Officer’s Report)

Status (public or exempt) Public

Ward(s) affected Oakleigh

Enclosures Enclosures : 1. Report of the Licensing Officer including Application for Review, Current Premises Licence, Representation, Guidance and Matters for Decision

2. Representations received from Licence Holder

For decision by Licensing Sub-Committee

Function of Council

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

Not applicable

Contact for further information: Stephanie Chaikin, Democratic Services, Tel: 020 8359 2019

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1. RECOMMENDATIONS 1.1 That the Sub–Committee consider the application for a Review of a 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 Review 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 The Licensing Act 2003 requires that before determining an application for a review

the Licensing Authority must hold a hearing to consider it and any relevant representations.

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: BH

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Enclosure 1

REPORT OF THE

LICENSING OFFICER

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LICENSING ACT 2003

REPORT FOR PUBLIC HEARING

Review of the premises licence: Foodlink, 14 – 14a Greenhill Parade, Great North Road, New Barnet, Herts, EN5 1ES

1. The Applicant An application was submitted by Sergeant Mark Altman of the Metropolitan Police Service 2. The Application This application has been made under Section 51 of the Licensing Act 2003 to review the Premises Licence held by Mr Mohammed Farooq of 144 Fleetwood Road, London NW10 1NN, for Foodlink at 14-14A Greenhill Parade, Great North Road, New Barnet, Herts EN5 1ES. Licensing objectives to which the review application relates:

The prevention of Crime and Disorder, Public Safety, The Prevention of Public Nuisance, and The protection of children from harm

The police state that alcohol has been sold by the premises to persons who are under the age of 18 A copy of the application has been attached to this report as Annex 1

3. Current Premises Licence This premises licence was granted under the transitional arrangements on 5 September 2005. Mr Farooq later transferred the licence into his name on the 5 September 2007, and varied the premises licence holder on the premises to Mr Sayed Sayedi on the 28 May 2008. The licence allows the premises to sell alcohol for consumption off of the premises during the following hours : The current premises licence can be found attached to this report as Annex 2

Sunday to Thursday 08:00 to 00:00 Friday and Saturday 08:00 to 01:00 Good Friday 08:00 to 22:30 Christmas Day 12:00 to 15:00 19:00 to 22:30

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4. Representations The licensing team have received one representation from an interested party. The issues raised in the representation relate to crime and disorder and nuisance caused by this premises. This representation can be found in Annex 3 attached to this report. 5. Guidance and Policy Attached as Appendices 4 and 5 are a Section from the Guidance issued under Section 182 Licensing Act 2003 June 2007 regarding Reviews and an extract from the Explanatory Notes to the Licensing Act 2003 regarding Reviews. The Council's Policy at Section 2.2, 2.3 3.1 and 3.2 refer to our Policy Objectives and Licensing Principles. The Guidance at 2.41 to 2.50 refers to the protection of children from harm. 6. Determination The Sub-Committee shall determine the application in accordance with Section 52 of the Licensing Act 2003. S 52 (3); “The authority must, having regard to the application and any relevant representations, take such of the steps mentioned in subsection (4) (if any) as it considers necessary for the promotion of the licensing objectives. 4. The steps are-

(a) to modify the conditions of the licence; (b) to exclude a licensable activity from the scope of the licence; (c) to remove the designated premises supervisor; (d) to suspend the licence for a period not exceeding three months; (e) to revoke the licence;

and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.

5. Subsection (3) is subject to sections 19, 20 and 21 (requirement to include certain

conditions in premises licences).

6. Where the authority takes a step mentioned in subsection (4) (a) or (b), it may provide that the modification or exclusion is to have effect for only such period (not exceeding three months) as it may specify.

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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 decision sheet is attached at Annex 6. Michelle Rudland Licensing Officer Tuesday, 18 August 2009 Annex 1 Review Application Annex 2 Current Premises Licence Annex 3 Representation Annex 4 Extract from Guidance issued under Section 182 Licensing Act 2003 July 2004 regarding Reviews Annex 5 Extract from Explanatory Notes Licensing Act 2003 regarding Reviews Annex 6 Matters for Decision

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ANNEX 1

APPLICATION FOR REVIEW

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Application for the review of a premises licence or club premis~sb(,R>fE n\\nlEn:, certificate under the Licensing Act 2003 II k~'~ 1.6 U W lJ.dJ

PLEASE READ THE FOLLOWING INSTRUCTIONS FIRST §?i~~g~__Before compl~tlng 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 allcases ensure that your answers are inside the boxes and written in black ink. Useadditional sheets if necessary.You may wis~ to keep a copy of the completed form for your records.

I _.~~~95~?}~!_ry1~~~_~'-t!"!l_~~ _(Insert name of applicant)apply for the'llreview of a premises licence under section 51 of the Licensing

IAct 2003 for ~he premises described in Part 1 below (delete as applicable)

Part 1 - preniises or club premises details

iPosta! addre~s of premises or, ifmone,ordnance survey.mapreference or •description II .

Foodlink 14 - ~4a Greenhill Parade, Great North Road, New Barnet, Herts

Post town London Post code (if known) EN5 1ES

Name of premises licence holder orclub holding club premises certificate (ifknown)Mr Mohammed Farooq

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Number of premises licence or club premises certificate (if known'I

LN/199905329

Please tick yes

a) a person living in the vicinity of the premises Db) a body riepresenting persons living in the vicinity of the premises Dc) a person involved in business in the vicinity of the premises D

d)' a body representing persons involved in business in the vicinity of the Dpremises

2) a responsible authority (please complete (C) below)II

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3) a memberllof the club to which this application relates (please complete (A) Dbelow) .

(A) DETAILS OF INDIVIDUAL APPLICANT (fill in as applicable)

Please tick '.Mr D Mrs D

Surname

Miss D Ms D

First names

Other title(for example, Rev)

~ __ II __ -

I am18 years old or over

Current postaladdress if.,different frompremisesaddress

Post town

Daytime contact telephone number

E-mail address(optional)

II(B) DETAILS'IOF OTHER APPLICANT

Post Code

Please tick yesD

Name and address

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Telephone number (if any).,

E-mail address (optional)

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1) the prevention of crime and disorder2) public sMety3) the prev~ntion of public nuisance4) the protection of children from harm

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(C) DETAILS OF RESPONSIBLE AUTHORITY APPLICANT

Name and addressSergeant Mark AltmanLicensing OffiiceWhetstone Police Station1170 High RqadWhetstoneLondonN200LW

Telephone nu:mber (if any)020 8733 526,11E-mail address (optional)[email protected] .

:

This application to review relates to the following licensing objective(s)Please tick one or more boxes '.

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Please state the ground(s) for review (please read guidance note 1)The prevention of crime and disorder.Sale of alcohol to underage persons is an offence contrary to sect's:146 LA 2003 '1iSaieof alcohol to children" &.147 LA 2003 'I!Allowing the sale of alcohol to children"

Public safety ...'Alcohol has been sold to underage persons. Underage persons who consume thealcohol are affected by the unlawful sales due to the consumption of the alcohol.There is strong medical evidence of the adverse effects consumption of alcohol hason the development of young people. They are also more likley to be a victim ofcrime and to become involved in crime and other anti social behaviour. This in turncOl1JpromisE?spublic saf~!y.hem and others.

P t· f 11 bl' .reven Ion 0 pu IC nUisance.The consumption of alcohol ordinarily takes place in an area open to the generalpublic. Open spaces, parks and the surrounding streets are commonly used by thesegroups. Groups of underage have also congregated in the area and informationindicates that they have frequently travelled some distance on public transport topurchase alcohol from these premises.

Protection of children from-harmil

Sect 11.25 of the revised guidance states;"There is certain criminal activity that may arise in connection with licensed premises,which the Secretary of State considers should be treated particularly seriously. Theseare the use of the licensed premises"(I have reproduced bullet point 4 below, there are 10 bullet points in total for thissection)

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"Forthe purc1ase and consumption of alcohol by minors which impacts on thehealth, educa!tional attainment, employment prospects and propensity for crime ofyoung peoPle"I'

I'Due to the effFcts of alcohol consumption they are more likely to become a victim ofcrime. Ii

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Please provide as much information as possible to support the application(please read guidance note 2)

These premis:es operate as a convenience store and off licence.

The following.dnformation has been sanatised from Police records. Full copies will beprovided to th1elocal authority and the premises I!cence holder on request.

Crimint Ref S~RT00354264'I

22105/2009 at 2145 stopped in LEICESTER ROAD, BARNET EN5 about to enterHIGHLANDS!IGARDENS were the following four youthsMale16 years'of age dob 21/07/1992Male 15 years of age dob 05/08/1993Male 16 years of age dob 22/01/1993Ma Ie 16 years of age dob 10/03/1993Two of the males were both in possession of blue plastic bags containing alcohol andran off in the gardens of nearby flats to hide from Police.They were found and the alcohol confiscated. They refused to say where it was from,but the cans and bottles clearly had FOOO LINK price tags displayed.When this was pointed out they stated ofder~youthshad purchased it for them.

Crimint Ref SXRT0035426522/05/2009 at 2315 in LEICESTER ROAD and HIGHLANDS GARDENS BARNETEN5 after stopping several underage youths with alcohol which had FOODLINKprice tags displayed, Police attended the shop at 14 GREENHILL PARADE GREATNORTH ROAD BARNET EN5 (opposite Odeon)'The shop was busy and had four males aged about 30 who appeared to be workingWhen asked who was in charge they all shrugged shoulders and pointed to eachother. Eventually the male serving behind the counter who gave his details asAzhar AYUB 90b 13//04/1979 stated he lived above the shop and had worked at theshop for 2 mo!nths and was in charge.Another male1igave his details as Muhammad SAAD dob 05/11/1979 who produced aprovisional driving licence with a Leeds address which he stated was his presentaddress. Wh~'n pointed out this was a long commute, he stated he also lived abovethe shop. II ,

The other twd men both refused details and stated they did not work there, and werejust visiting th~ir friends. One of these males did most of the talking and interpretingas the others appeared to have difficulty in speaking and underdstanding EnglishAll stated they did not have a personal licence to sell alcohol, and did not seem toknow what or who the DPS was, and could not produce a refusals book.When pushed about licence holder, I was informed that AYZER would be there at1100 next day. - - - ~. ~Eventually they rang a number and I spoke on the phone to Mohammed FAROUK(maybe the other way around) who stated he was the owner. He stated the DPS wasHamid GASIMI but he was not at the shop due to illness.I suggested that due to lack of a personal licence holder and the fact that numerousyouths were in possession of their alcohol, it might be advisable not to serve anymore alcohol at present.Mr FAROUK agreed to this and the shop was closed by the staff. I reattended atmidnight and the shop was still closedThis shop is becoming a problem re alcohol and youth disorder

Crimint Ref SXRT0035370910/05/2009 Whilst investigating an incident involving QE girls school pupilsPolice were idformed that all the local youth obtain their alcohol fromFoodlink 14 GREENHILL PARADE BARNET EN5 opposite the Odeon

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Crimint Ref SXRT0034875916/01/2009 at 2000hours I stopped a youth holding cans of beer at GREENHILLPARADE ENS he was challenged with regards to his age which was 16He was asked where he had bought the cans and he told me just up the roadThe price tag on the cans were for the FOODLINK which is at13/ 14 GREENHILL PARADEGREAT NORTH ROADBARNETEN5This shop is continuing to sell alcohol to persons under ageLicensing offi~er will be informed

Crimint Ref SkRT00342126'I

25107/2008 at,about 1415 officers stopped and spoke to a known 15 year old boy.dob 12/07/19$3 he showed us a packet of cigarettes that he had in his back pocket.He stated that his mother lets him smoke, officers asked him where he got them fromand he stated that he always buys cigarettes and alcohol from FOODLINK 13GREENHILL PARADE BARNET ENS. He also stated that he sells the cigarettes for,£1 t9.people who cant buy them due to beJngur}ge@ge ... ~ ~ _

Crimint Ref S.>(RT0032965121/09/2007OFF LICENCEHekmatullah KHAN DOB 07/07/1989 M IC4 10 SUNNYSIDE NW9 is a shopassistant at FOODLINK 14 GREENHILL PARADE BARNET.At 2325 hours he was witnessed by officers selling alcohol to a 17 year old and notasking for 10.He is from AFGHANISTAN and stated he did not know he couldn't sell to children.This is the se~ond Friday running this shop has sold to juveniles.PND SXISOOG05747 issued for sale to underage.

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The Police respectfully request that the Licensing Committee consider revocation ofthis licence ..

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Please tick yesHave you made an application for review relating to this premises before D

If yes please state the date of that application

If you have made representations before relating to this premises please statewhat they were and when you made them

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Please tick yes• I have sent copies of this form and enclosures to the responsible ~

authorities and the premises licence holder or club holding the clubpremises certificate, as appropriate

• I understand that if I do not comply with the above requirements ~my application will be rejected

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IT IS AN OFFENCE, LIABLE ON CONVICTION TO A FINE UP TO LEVEL 5 ONTHE STANDARD SCALE, UNDER SECTION 158 OF THE LICENSING ACT 2003TO MAKE A FALSE STATEMENT IN OR IN CONNECTION WITH THISAPPLICATION

Part 3 - Signatures (please read guidance note 3)

-~-~ ~-~STgnatu rEf of~aj:>l1licantor applit:'~ff1t'ssoli~itor~orotl1eraUI}raultforlsecri-gerit(See guidance note 4). If signing on behalf of the applicant please state in whatcapacity ..

slgnatur~.....••........P ..11\1 i\fJf.\e.-= H' H' H ••••••••• H' H' H ••••••••

Date 08/07/2009".' .

Capacity Police Licensing Officer

r Contact name (where not previously given) and postal address forI correspondence associated with this application (please read guidance note 5)

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Post town JP~st ~o~e __--- . - -

I Telephone nlimber (if any)If you would prefer us to correspond with you using an e-mail address your e-mail address (optional) ,

Notes for Guidance

1. The ground(s) for review must be based on one of the licensing objectives.2. Please list any additional information or details for example dates of problems

which are included in the grounds for review if available.3. The application form must be signed.4. An applicant's agent (for example solicitor) may sign the form on their behalf

provid~d that they have actual authority to do so.5. This ishhe address which we shall use to correspond with you about this

application.

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ANNEX 2

CURRENT PREMISES LICENCE

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Licensing Act 2003

Part A: Premises Licence Premises Licence Number: LN/199905329

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

Part 1 – Premises details

Postal address of premises, or if none, ordnance survey map reference or description

14/14a Greenhill Parade, Great North Road, New Barnet, Herts

Post Town New Barnet

Post code EN5 1ES

Telephone number

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:


The hours that the premises are open to the public Standard Days and Timings:


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

Off Sales Only

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2

Part 2

Name, (registered) address, telephone number and email (where relevant) of holder of premises licence

Mr Mohammed Farooq 144 Fleetwood Road London Nw10 1NN

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

Sayed Sayedi 334 Kilburn High Road London NW6 2QN

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

Per.lic/1452 London Borough of Camden

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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.

Annex 2 – Conditions consistent with the operating schedule 3. Alcohol shall not be sold or supplied except during permitted hours.

4. 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.

5. 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;

6. Alcohol shall not be sold in an open container or be consumed in the licensed premises. 7. An incident/refusals book is to be maintained on the premises and made available to either the

Police or an authorised officer from the Council on request. 8. Adequate posters describing both proxy selling and challenge 21 procedures are to be displayed

within the premises. 9. All staff will be adequately trained in licensing legislation and such training will be recorded.

10. A digital recording CCTV comprising a multi camera system will be installed.

11. The head unit for storing the images will store such data on a hard drive or a similar quality

medium. 12. A CD or DVD burner will also form part of the system to facilitate making copies of the images.

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13. The quality of the images must be of a sufficiently high standard to allow identification of the

subject matter. 14. Cameras will cover key areas identified by the operator and Police. These will include clear

headshots of persons entering the shop area, the till area and areas where alcohol is displayed for sale.

15. Images must be retained for a period of 31 days before overwriting.

16. Images will be made available on demand to the police and authorised officers of the London

Borough of Barnet. 17. The system will be fully maintained at all times to ensure correct operation.

18. No beer of cider shall be solid above 5.5% alcohol by volume and there will be no self service of

spirits. 19. Adequate notices will be displayed in the premises asking patrons to leave quietly.

20. All waste will be properly presented and placed out for collection no later than 30 minutes earlier

the scheduled collection time. 21. Staff will challenge any individual who wishes to purchase intoxicating liquor and appears to be

under the age of 21 years. 22. No employee under the age of 18 years will be permitted to sell alcohol by retail. 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 marked drawing New Barnet-Existing dated Oct 03

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ANNEX 3

REPRESENTATION

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Our ref:Your ref:

The Licensing TeamBuilding 4North london Business ParkOakleigh Road SouthLondonNIl INP

Dear Sirs,

\RECIE r~if\EOi, 6 JUL 2009t~-'~3.()JC\±--

10 Greenhill Parade, GreatNorth Road, New Barnet,Barnet, ENS lETTel: 020 8449 4596Fax: 020 8449 2534

15 July 2009

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Re: Foodlink.14-14a Greenhill Parade. Great North Road. Barnet ENS lES

I am writing to you in relation to the review for Premises License for the above premises.

I wish to object to the renewal of the license due to the increase in the number of people whopurchase alcohol from Foodlink and then consume it outside the shops and congregate on thepublic benches outside the Post Office. The police have had to attend the area and removethese inebriated people but they soon return. They shout, use foul language and on occasionscollapse on the pavement. They appear to be alcoholics who congregate in the area due to theeasy access of alcohol at Foodlink. All this is often in the presence of school children whowait at the bus stop on their way home from school.

(!ftt~--R~Alan Barnes

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ANNEX 4

EXTRACT FROM GUIDANCE

REGARDING REVIEWS

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Guidance issued under section 182 of the Licensing Act 2003June 20 11. Reviews THE REVIEW PROCESS 11.1 The proceedings set out in the 2003 Act for reviewing premises licences represent a

key protection for the community where problems associated with the licensing objectives are occurring after the grant or variation of a premises licence.

11.2 At any stage, following the grant of a premises licence, a responsible authority, or an

interested party, may ask the licensing authority to review the licence because of a matter arising at the premises in connection with any of the four licensing objectives.

11.3 In addition, a review of the licence will normally follow any action by the police to close

down the premises for up to 24 hours on grounds of disorder or noise nuisance as a result of a notice of magistrates’ court’s determination sent to the licensing authority.

11.4 Licensing authorities may not initiate their own reviews of premises licences. Officers

of the local authority who are specified as responsible authorities under the 2003 Act, such as environmental health officers, may however request reviews on any matter which relates to the promotion of one or more of the licensing objectives.

11.5 Representations made by a department of the local authority which is a responsible

authority should be treated by the licensing authority in precisely the same way that they would treat representations made by any other body or individual.

11.6 In every case, the representation must relate to particular premises for which a

premises licence is in existence and must be relevant to the promotion of the licensing objectives. After a licence or certificate has been granted or varied, a complaint relating to a general (crime and disorder) situation in a town centre should generally not be regarded as a relevant representation unless it can be positively tied or linked by a causal connection to particular premises, which would allow for a proper review of the licence or certificate. For instance, a geographic cluster of complaints, including along transport routes related to an individual public house and its closing time could give grounds for a review of an existing licence as well as direct incidents of crime and disorder around a particular public house.

11.7 Representations must be in writing and may be amplified at the subsequent hearing or

may stand in their own right. Additional representations which do not amount to an amplification of the original representation may not be made at the hearing.

11.8 It is important to recognise that the promotion of the licensing objectives relies heavily

on a partnership between licence holders, authorised persons, interested parties and responsible authorities in pursuit of common aims. It is therefore equally important that reviews are not used to drive a wedge between these groups in a way that would

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undermine the benefits of co-operation. It is good practice for authorised persons and responsible authorities to give licence holders early warning of their concerns about problems identified at the premises concerned and of the need for improvement. A failure to respond to such warnings is expected to lead to a decision to request a review.

11.9 Where the request originates with an interested party – e.g. a local resident, residents’

association, local business or trade association – the licensing authority must first consider whether the complaint made is relevant, vexatious, frivolous or repetitious. 11.10 Further information for interested parties about the review process is available in “Guidance for interested parties: applying for a review” which can be found on the DCMS website.

REPETITIOUS REPRESENTATIONS 11.11 Relevance, vexation and frivolousness were dealt with in paragraphs 9.8 – 9.13

above. A repetitious representation is one that is identical or substantially similar to:

• a ground for review specified in an earlier application for review made in relation to the same premises licence which has already been determined; or

• representations considered by the licensing authority when the premises licence was first granted; or

• representations which would have been made when the application for the premises licence was first made and which were excluded then by reason of the prior issue of a provisional statement;

and, in addition to the above grounds, a reasonable interval has not elapsed since that earlier review or the grant of the licence.

11.12 Licensing authorities are expected to be aware of the need to prevent attempts to

review licences merely as a second bite of the cherry following the failure of representations to persuade the licensing authority on earlier occasions. It is for licensing authorities themselves to judge what should be regarded as a reasonable interval in these circumstances. However, the Secretary of State recommends that more than one review originating from an interested party should not be permitted within a period of twelve months on similar grounds save in compelling circumstances or where it arises following a closure order.

11.13 The exclusion of a complaint on the grounds that it is repetitious does not apply to

responsible authorities which may make more than one request for a review of a premises within a 12 month period.

11.14 When a licensing authority receives a request for a review from a responsible authority

or an interested party or in accordance with the closure procedures described in Part 8 of the 2003 Act, it must arrange a hearing. The arrangements for the hearing must follow the provisions set out by the Secretary of State in regulations. The details may be viewed on the DCMS website. The Secretary of State considers it particularly important that the premises licence holder is fully aware of the representations made in respect of the premises, any evidence supporting the representations and that they or their legal representatives have therefore been able to prepare a response.

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POWERS OF A LICENSING AUTHORITY ON THE DETERMINATION OF A REVIEW 11.15 The 2003 Act provides a range of powers for the licensing authority on determining a

review that it may exercise where it considers them necessary for the promotion of the licensing objectives.

11.16 The licensing authority may decide that no action is necessary if it finds that the review

does not require it to take any steps necessary to promote the licensing objectives. In addition, there is nothing to prevent a licensing authority issuing an informal warning to the licence holder and/or to recommend improvement within a particular period of time. It is expected that licensing authorities will regard such warnings as an important mechanism for ensuring that the licensing objectives are effectively promoted and that warnings should be issued in writing to the holder of the licence. However, where responsible authorities like the police or environmental health officers have already issued warnings requiring improvement – either orally or in writing – that have failed as part of their own stepped approach to concerns, licensing authorities should not merely repeat that approach.

11.17 Where the licensing authority considers that action under its statutory powers are

necessary, it may take any of the following steps:

• to modify the conditions of the premises licence (which includes adding new conditions or any alteration or omission of an existing condition), for example, by reducing the hours of opening or by requiring door supervisors at particular times; • to exclude a licensable activity from the scope of the licence, for example, to exclude the performance of live music or playing of recorded music (where it is not within the incidental live and recorded music exemption); • to remove the designated premises supervisor, for example, because they consider that the problems are the result of poor management; • to suspend the licence for a period not exceeding three months; • to revoke the licence.

11.18 In deciding which of these powers to invoke, it is expected that licensing authorities

should so far as possible seek to establish the cause or causes of the concerns which the representations identify. The remedial action taken should generally be directed at these causes and should always be no more than a necessary and proportionate response.

11.19 For example, licensing authorities should be alive to the possibility that the removal

and replacement of the designated premises supervisor may be sufficient to remedy a problem where the cause of the identified problem directly relates to poor management decisions made by that individual.

11.20 Equally, it may emerge that poor management is a direct reflection of poor company

practice or policy and the mere removal of the designated premises supervisor may be an inadequate response to the problems presented. Indeed, where subsequent review hearings are generated by representations, it should be rare merely to remove a succession of designated premises supervisors as this would be a clear indication of deeper problems which impact upon the licensing objectives.

11.21 Licensing authorities should also note that modifications of conditions and exclusions of licensable activities may be imposed either permanently or for a temporary period of up to three months. Temporary changes or suspension of the licence for up to three

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months could impact on the business holding the licence financially and would only be expected to be pursued as a necessary means of promoting the licensing objectives. So, for instance, a licence could be suspended for a weekend as a means of deterring the holder from allowing the problems that gave rise to the review to happen again. However, it will always be important that any detrimental financial impact that may result from a licensing authority’s decision is necessary and proportionate to the promotion of the licensing objectives.

REVIEWS ARISING IN CONNECTION WITH CRIME 11.22 A number of reviews may arise in connection with crime that is not directly connected

with licensable activities. For example, reviews may arise because of drugs problems at the premises or money laundering by criminal gangs or the sale of contraband or stolen goods there or the sale of firearms. Licensing authorities do not have the power to judge the criminality or otherwise of any issue. This is a matter for the courts of law. The role of the licensing authority when determining such a review is not therefore to establish the guilt or innocence of any individual but to ensure that the crime prevention objective is promoted. Reviews are part of the regulatory process introduced by the 2003 Act and they are not part of criminal law and procedure. Some reviews will arise after the conviction in the criminal courts of certain individuals but not all. In any case, it is for the licensing authority to determine whether the problems associated with the alleged crimes are taking place on the premises and affecting the promotion of the licensing objectives. Where a review follows a conviction, it would also not be for the licensing authority to attempt to go behind any finding of the courts, which should be treated as a matter of undisputed evidence before them.

11.23 Where the licensing authority is conducting a review on the ground that the premises

have been used for criminal purposes, its role is solely to determine what steps should be taken in connection with the premises licence, for the promotion of the crime prevention objective. It is important to recognise that certain criminal activity or associated problems may be taking place or have taken place despite the best efforts of the licensee and the staff working at the premises and despite full compliance with the conditions attached to the licence. In such circumstances, the licensing authority is still empowered to take any necessary steps to remedy the problems. The licensing authority’s duty is to take steps with a view to the promotion of the licensing objectives in the interests of the wider community and not those of the individual holder of the premises licence.

11.24 As explained above, it is not the role of a licensing authority to determine the guilt or

innocence of individuals charged with licensing or other offences committed on licensed premises. There is therefore no reason why representations giving rise to a review of a premises licence need be delayed pending the outcome of any criminal proceedings. As stated above, at the conclusion of a review, it will be for the licensing authority to determine on the basis of the application for the review and any relevant representations made, what action needs to be taken for the promotion of the licensing objectives in respect of the licence in question, regardless of any subsequent judgment in the courts about the behaviour of individuals.

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11.25 There is certain criminal activity that may arise in connection with licensed premises, which the Secretary of State considers should be treated particularly seriously. These are the use of the licensed premises:

• for the sale and distribution of Class A drugs and the laundering of the proceeds of

drugs crime; • for the sale and distribution of illegal firearms; • for the evasion of copyright in respect of pirated or unlicensed films and music, which

does considerable damage to the industries affected; • for the purchase and consumption of alcohol by minors which impacts on the health,

educational attainment, employment prospects and propensity for crime of young people;

• for prostitution or the sale of unlawful pornography; • by organised groups of paedophiles to groom children; • as the base for the organisation of criminal activity, particularly by gangs; • for the organisation of racist activity or the promotion of racist attacks; • for unlawful gaming and gambling; and • for the sale of smuggled tobacco and alcohol.

11.26 It is envisaged that licensing authorities, the police and other law enforcement agencies, which are responsible authorities, will use the review procedures effectively to deter such activities and crime. Where reviews arise and the licensing authority determines that the crime prevention objective is being undermined through the premises being used to further crimes, it is expected that revocation of the licence – even in the first instance – should be seriously considered. We would also encourage liaison with the local Crime and Disorder Reduction Partnership.

11.27 It should be noted that it is unlawful to discriminate or to refuse service on grounds of

race or by displaying racially discriminatory signs on the premises. Representations made about such activity from responsible authorities or interested parties would be relevant to the promotion of the crime prevention objective and justifiably give rise to a review.

REVIEW OF A PREMISES LICENCE FOLLOWING CLOSURE ORDER 11.28 Licensing authorities are subject to certain timescales, set out in the legislation, for

the review of a premises licence following a closure order. The relevant time periods run concurrently and are as follows:

• when the licensing authority receives notice that a magistrates’ court has made a

closure order it has 28 days to determine the licence review: The determination must be made before the expiry of the 28th day after the day on which the notice is received;

• the hearing must be held within 10 working days, the first of which is the day after the day the notice from the magistrates’ court is received;

• notice of the hearing must be given no later than 5 working days before the first hearing day. There must be five clear working days between the giving of the notice and the start of the hearing.

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ANNEX 5

EXTRACT FROM EXPLANATORY

NOTES REGARDING

REVIEWS

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Explanatory Notes to Licensing Act 2003

2003 Chapter 17

Section 51 - Application for review of premises licence

103. Subsections (1) to (3) make provision for an interested party or responsible authority to apply, in such manner and form as may be prescribed and subject to the regulations that must be made by the Secretary of State about requirements as to notification and advertisements, to a relevant licensing authority for a review of the premises licence. For example, a local resident may consider that the measures taken by the licensee to prevent public nuisance are insufficient and request that they be reviewed. Similarly, the police may consider that the measures put in place to prevent crime and disorder are not being effective and need to be reviewed. Subsections (4) to (7) provide that the authority can at any stage reject a ground for review in an application unless it is relevant to at least one of the licensing objectives, or (if the application is made by an interested party) if it is frivolous, vexatious or repetitious (namely, identical or substantially similar to a ground for review already considered by the authority in a previous review, or in the determination of the application for grant of the licence, and a reasonable period has not passed since that time.) Under subsection (6) if a licensing authority rejects a ground for a review on the basis that it is frivolous or vexatious it must notify the applicant of its reasons.

Section 52 - Determination of application for review

104. By virtue of this section, the authority must hold a hearing to consider and determine any application for review and any relevant representations made in respect of it. In order for representations to be 'relevant' they must have been made by the holder of the premises licence, an interested party or a responsible authority (see the definitions in section 13) and they must relate to the licensing objectives. If the representations are made by an interested party there is a further requirement that the licensing authority does not consider them to be frivolous or vexatious. If it does, the authority is to explain its decision to the person who made the representations. The section provides that as a result of this review the authority must, if it considers it necessary for the promotion of the licensing objectives, either modify the conditions of the licence, exclude a licensable activity which the premises licence covers, remove the designated supervisor, suspend the licence for a period not exceeding 3 months or revoke the licence. If the licensing authority does not consider any of the steps to be necessary for the promotion of the licensing objectives, it will leave the licence untouched.

105. Subsection (10) requires the licensing authority to notify the outcome of a review and its reasons for so deciding to the licence holder, the applicant, the police and any person who has made relevant representations. Subsection (11) provides that the determination of an application for review will not take effect until any appeal

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has been disposed of, or if there is no appeal at the end of the period within which an appeal may be brought (see Schedule 5).

Section 53 - Supplementary provision about review

106. A local authority that is both the relevant licensing authority and a responsible authority - for example, where it carries out the functions of the local environmental health authority - may apply for a review in its capacity as a responsible authority and determine that application in its capacity as licensing authority.

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ANNEX 6

MATTERS

FOR DECISION

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MATTERS FOR DECISION

An application made under Section 51 of the Licensing Act 2003

Foodlink, 14 – 14a Greenhill Parade, Great North Road, New Barnet, Herts, EN5 1ES

Determination and Notification Determination in accordance with Section 52(3) of the Licensing Act 2003. S 52 (3); “The authority must, having regard to the application and any relevant representations, take such of the steps mentioned in subsection (4) (if any) as it considers necessary for the promotion of the licensing objectives. 4. The steps are-

(a) to modify the conditions of the licence; (b) to exclude a licensable activity from the scope of the licence; (c) to remove the designated premises supervisor; (d) to suspend the licence for a period not exceeding three months; (e) to revoke the licence;

and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.

5. Subsection (3) is subject to sections 19, 20 and 21 (requirement to include certain conditions in premises licences).

6. Where the authority takes a step mentioned in subsection (4) (a) or (b), it may provide that the modification or exclusion is to have effect

for only such period (not exceeding three months) as it may specify”.

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Notification in accordance with Section 52 (10) of the Licensing Act 2003. 10. Where a licensing authority determines an application for review under this section it must notify the determination and its reasons for

making it to-

(a) the holder of the licence, (b) the applicant, (c) any person who made relevant representations, and (d) the chief officer of police for the police area (or each police area) in which the premises are situated.

11. A determination under this section does not have effect-

(a) until the end of the period given for appealing against the decision, or (b) if the decision is appealed against, until the appeal is disposed of.

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Steps taken (if any)

Reason(s)

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Enclosure 2

REPRESENTATIONS FROM LICENCE

HOLDER

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AGENDA ITEM: Page nos. 1 - 54

Documents

Transcript of AGENDA ITEM: Page nos. 1 - 54