Issue - meetings
Application to Review the Premises Licence for Curry Bazaar, 77 Brick Lane, E1 6QL
Meeting: 23/08/2017 - Licensing Sub Committee (Item 3)
3 Application to Review the Premises Licence for Curry Bazaar, 77 Brick Lane, E1 6QL PDF 119 KB
Licensing objectives:
· The prevention of crime and disorder
· The prevention of public nuisance
Review Instigator: Licensing Authority
Review Supporters:
· Metropolitan Police
· Local Residents
· Local Businesses
Additional documents:
- Curry Bazaar Appendices Only, item 3 PDF 3 MB
- Curry Bazaar - RESTRICTED Info 1 , View reasons restricted (3/3)
- Curry Bazaar - RESTRICTED Info 2 , View reasons restricted (3/4)
- Curry Bazaar - RESTRICTED Info 3 , View reasons restricted (3/5)
Decision:
The Sub Committee listened to an application made by Mr David Dadds, Licensee’s Legal Representative who suggested that the application for Review no longer required a hearing as the applicant had withdrawn the application. Therefore any representations made to support the review should be dismissed as there was no application to consider. He stated that this must be the case as there was no application produced in the Agenda Pack. Ms Kathy Driver confirmed that she had withdrawn her representations and not the application itself.
Members sought legal clarification and were advised by Mrs Gurwinder Olive, Senior Licensing Lawyer, that under Section 5(2) of the Licensing Act, an Authority seised of a review application must have a hearing if any representations from interested parties remain and in this case it did even where the representations from the party triggering the review were withdrawn. She advised Members that in light of what Ms Driver had said it must be accepted that there was a live application for consideration. However it was accepted that the review application was not included in the report/agenda pack therefore Members would not be able to proceed with the hearing as it did not comply with the Hearing Regulations.
Decision
It was resolved that the matter be adjourned.
Minutes:
The Sub Committee listened to an application made by Mr David Dadds, Licensee’s Legal Representative who suggested that the application for Review no longer required a hearing as the applicant had withdrawn the application. Therefore any representations made to support the review should be dismissed as there was no application to consider. He stated that this must be the case as there was no application produced in the Agenda Pack. Ms Kathy Driver confirmed that she had withdrawn her representations and not the application itself.
Members sought legal clarification and were advised by Mrs Gurwinder Olive, Senior Licensing Lawyer, that under Section 5(2) of the Licensing Act, an Authority seised of a review application must have a hearing if any representations from interested parties remain and in this case it did even where the representations from the party triggering the review were withdrawn. She advised Members that in light of what Ms Driver had said it must be accepted that there was a live application for consideration. However it was accepted that the review application was not included in the report/agenda pack therefore Members would not be able to proceed with the hearing as it did not comply with the Hearing Regulations.
Decision
It was resolved that the matter be adjourned.
Meeting: 28/06/2017 - Licensing Sub Committee (Item 3.1)
3.1 Application to Review the Premises Licence for Curry Bazaar, 77 Brick Lane, E1 6QL PDF 108 KB
Licensing objectives:
· The prevention of crime and disorder
· The prevention of public nuisance
Review Instigator: Licensing Authority
Review Supporters:
· Metropolitan Police
· Local Residents
· Local Businesses
Additional documents:
- 04.1b Curry Bazaar.2.RED, item 3.1 PDF 4 MB
- 04.1c Curry Bazaar ExhibitF.EXEMPT , View reasons restricted (3.1/3)
- 04.1d Curry Bazaar statements. EXEMPT , View reasons restricted (3.1/4)
- 04.1e Curry Bazaar Police.EXEMPT , View reasons restricted (3.1/5)
- 04.1f R.Ahmed.InjunctionOrder.EXEMPT , View reasons restricted (3.1/6)
- 04.1g R.Ahmed.Nazrul2.AdditionalInfo.EXEMPT , View reasons restricted (3.1/7)
Meeting: 11/05/2017 - Licensing Sub Committee (Item 3)
3 Application to Review the Premises Licence for Curry Bazaar, 77 Brick Lane, E1 6QL PDF 112 KB
Licensing objectives:
· the prevention of crime and disorder
· the prevention of public nuisance
Review Instigator: Licensing Authority
Review Supporters:
· Metropolitan Police,
· Local Residents
· Local Businesses
Additional documents:
- 4.3b Curry Bazaar Appendices.RED, item 3 PDF 3 MB
- 4.3c Curry Bazaar Statements EXEMPT , View reasons restricted (3/3)
- 4.3ca Curry Bazaar EXEMPT , View reasons restricted (3/4)
- 4.3d Curry Bazaar Police info EXEMPT , View reasons restricted (3/5)
- 4.3e Curry Bazaar Injunction EXEMPT , View reasons restricted (3/6)
- Curry Bazaar update EXEMPT , View reasons restricted (3/7)
Decision:
The Licensing Objectives
In considering the application, Members were required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Home Office Guidance and the Council’s Statement of Licensing Policy and in particular to have regard to the promotion of the four licencing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merit. Having considered the agenda pack, the Sub Committee felt that matters being alleged were serious. The Chair of the Sub Committee had reservations about Chairing the proceedings without further consideration of the written submissions and the case law provided by the respondent earlier that day. The unanimous view of the Sub Committee was that more time was required to consider this information in more detail before the next hearing and take legal advice before the review application was determined.
The Chair drew attention to the representation on pages 126 – 127 of the agenda pack and advised that the person named on the representation had contacted the Council alleging that these representations were not submitted by them. This matter would be investigated further by officers in order to determine whether or not the sub-committee could consider the representation.
In the circumstances, in light of the above the matter was therefore adjourned.
Decision
Accordingly, the Sub-Committee unanimously
RESOLVED
That the application for a Review of the premises License for Curry bazaar, 77 Brick Lane, E1 6QL be ADJOURNED for the reasons set out above.
Minutes:
The Licensing Objectives
In considering the application, Members were required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Home Office Guidance and the Council’s Statement of Licensing Policy and in particular to have regard to the promotion of the four licencing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merit. Having considered the agenda pack, the Sub Committee felt that matters being alleged were serious. The Chair of the Sub Committee had reservations about Chairing the proceedings without further consideration of the written submissions and the case law provided by the respondent earlier that day. The unanimous view of the Sub Committee was that more time was required to consider this information in more detail before the next hearing and take legal advice before the review application was determined.
The Chair drew attention to the representation on pages 126 – 127 of the agenda pack and advised that the person named on the representation had contacted the Council alleging that these representations were not submitted by them. This matter would be investigated further by officers in order to determine whether or not the sub-committee could consider the representation.
In the circumstances, in light of the above the matter was therefore adjourned.
Decision
Accordingly, the Sub-Committee unanimously
RESOLVED
That the application for a Review of the premises License for Curry bazaar, 77 Brick Lane, E1 6QL be ADJOURNED for the reasons set out above.
Meeting: 14/03/2017 - Licensing Sub Committee (Item 7)
Licensing objectives:
· the prevention of crime and disorder
· public safety
· the prevention of public nuisance
· the protection of children from harm
Representations by: Local Resident
Additional documents:
- 4.3b Curry Bazaar Appendices.RED, item 7 PDF 3 MB
- 4.3c Curry Bazaar Statements EXEMPT , View reasons restricted (7/3)
- 4.3ca Curry Bazaar EXEMPT , View reasons restricted (7/4)
- 4.3d Curry Bazaar Police info EXEMPT , View reasons restricted (7/5)
- 4.3e Curry Bazaar Injunction EXEMPT , View reasons restricted (7/6)
Decision:
Application deferred.
Minutes:
Application deferred.