Content

RESOLVED:
 
Application for a
Premises Licence – Unit 7, 2-4 Orsman Road – REFUSAL
 
The decision of 29th
October 2024
 
The Licensing Sub-Committee in considering
this decision from the information presented to it within the
report and at the hearing today has determined that having regard
to the promotion of all the licensing objectives:
 
· 
The prevention of crime and disorder;
· 
Public safety;
· 
Prevention of public nuisance;
· 
The protection of children from harm;
 
the application for a premises licence has
been refused in accordance with Licensing Policies LP1, LP2, LP3,
LP4, LP5 and LP6 within the Council’s Statement of Licensing
Policy.
 
Reasons for the
decision
 
The Licensing Sub-Committee decided to refuse
the application for a premises licence having heard concerns from
the Responsible Authorities (the Metropolitan Police Service
(“the Police”), the Planning Authority, and the
Licensing Authority) believed that granting the application would
result in the licensing objectives being undermined, and would have
a negative impact on the residential area.
 
The Sub-Committee took into consideration
representations made by the Applicant’s legal representative
that the Applicant had operated temporary events without
complaints. Also the Applicant had responded to noise complaints
and there were no outstanding objections or evidence from the
Responsible Authorities as far as they were aware. The
Applicant’s legal representative contended that there was no
evidence or representation from the Environmental Protection
Service and there were no complaints about dispersal.
 
The Sub-Committee decided to refuse the
premises license because of the representations from the
Responsible Authorities raising concerns about the risk of crime
and disorder. The Sub-Committee felt the premises would undermine
the licensing objectives and they were concerned about the impact
on the local residents particularly late at night.
 
The Sub-Committee noted that fire safety
issues needed to be addressed.
 
The Sub-Committee took into consideration that
the Planning Authority made representations that the Applicant did
not have a lawful use of the premises. The Sub-Committee took into
account that planning enforcement notices were issued which are
still in force, and an ongoing enforcement matter, which undermine
the licensing objectives, in particular the crime and disorder
objective.
 
The Sub-Committee took into account that the
Police made representations that they would not support any
application that would affect the crime and disorder of the area
and would result in criminal offences. The Police contended that
the planning matter was a serious concern and the hours were in
excess of core hours. In addition, they had concerns about noise
from the venue affecting local residents. The Police also requested
removal of off sales from the application.
 
The Sub-Committee took into consideration that
there was a pending prosecution in respect of the planning
permission and the lawful planning use of the premises. The
Sub-Committee is aware that it is necessary for the premises to
have a valid planning permission. The Sub-Committee felt it would
not be appropriate and were not persuaded to grant a premises
license where there was an alleged unlawful use of the premises
that was also subject to ongoing legal action.
 
The Licensing Authority made representations
that they had concerns about the licensing objectives being
undermined and they are aware of nuisance that has resulted from
the temporary event notices and the hours are in excess of Policies
LP3 and LP5 relating to core hours and planning.
 
The Licensing Authority made representations
that the application should be refused or deferred until after the
outcome of the planning prosecution.
 
The Applicant’s legal representative
made representations that performances of live music are very rare;
they are not a nightclub and it is a lounge. The Applicant is
seeking an alcohol licence closing at 04:00 to manage dispersal
from the premises and they will have a low number of customers at
that time. The Applicant’s legal representative made
representations that there was no crime and disorder at the
premises, and there is lawful Planning Permission use under Class
E.
 
The Applicant’s legal representative
made representations that the premises held cultural events at
weekends such as Turkish events. The Applicant’s legal
representative contended this is a community space used for
community events.
 
The Sub-Committee heard representations that
the Police needed a Dispersal Plan from the premises because they
have received complaints from local residents. The Sub-Committee
took into account that the Applicant did not agree to the removal
of the off sales.
 
The Sub-Committee took into account that
currently the premises has an existing
premises licence with occasional temporary events. However, the
Sub-Committee felt that granting this extension will result in a
negative impact on the local residents and the residential
area.
 
 
The Sub-Committee took into consideration when
refusing this application that each case is considered on its
merits. The Sub-Committee believed that the licensing objectives
could not be promoted by granting this application for a premises
licence and as such believed it was appropriate to refuse the
application in its entirety.
 
Your right to
appeal
 
If you are aggrieved
by any term, condition or restriction attached to this
decision, you have
the right to appeal to the Thames Magistrates Court, 58 Bow Road,
London E3 4DJ within 21 days of the date you receive this written
decision.
 
You can also contact
the court by email: northlondonmc@justice.gov.uk