Application to vary the premises licence for Alfama Fish Restaurant ...

AGENDA ITEM: 12 Pages 1 – 32
Meeting eting
Licensing Sub-Committee
Date 22 DECEMBER 2008
Subject
Report of
Summary
Alfama Fish Restaurant, 330 Ballards Lane,
West Finchley, London N12 0EY
Democratic Services Manager / Licensing Officer
This report asks the Sub-Committee to consider the
application to vary a premises licence under the Licensing
Act 2003
Officer Contributors
Status (public or exempt)
Ward(s) affected
Enclosures
For decision by
Function of
Reason for urgency /
exemption from call-in
(if appropriate)
Jonathan Regal – Democratic Services (covering report)
Michelle Budden – Licensing Officer (Licensing Officer’s
Report)
Public
West Finchley
Enclosure 1: The Application Form
Enclosure 2: Report of the Licensing Officer (including
Decision Sheets)
Enclosure 3:
Licensing Sub-Committee
Council
N/A
Written Representations
Contact for further information: Jonathan Regal, Democratic Services, 020 8359 2012.
1

1. RECOMMENDATIONS
1.1 That the Sub–Committee consider the application for the variation of the
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. FINANCIAL, STAFFING, ICT AND PROPERTY IMPLICATIONS
6.1 None.
7. LEGAL ISSUES
7.1 Valid representations have been received to the variation 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 – LAC
2

ENCLOSURE 1
The Application
Form
3

ENCLOSURE 2
Report of the Licensing
Officer (including
decisions sheets)
19

LICENSING ACT 2003
APPLICATION TO VARY A PREMISES LICENCE
OFFICERS REPORT
1. The Applicant
Mr Siamak Eshghi-Haghighi of 3 Friary Road, Finchley, London N12 9HY
2. Applicants Agent
The application was submitted on behalf of the applicant by Sergill & Co Solicitors, 22
Bath Road, Hounslow, Middlesex, TW3 3EB
3. Current Premises Licence
The premise currently has a License granted in February 2006 and was subsequently
varied in November of the same year. The current licence allows:
The Sale by retail of alcohol during the following hours:
Standard days and timings:
Monday to Thursday
Friday and Saturday
Sunday
Seasonal Variations
Christmas Eve
New Years Eve
UK Bank Holidays
11:00 to 00.00 hrs
11:00 to 01.00 hrs
12:00 to 23:30 hrs
11:00 to 01:00 hrs
11:00 to 01:00 hrs
11:00 to 01:00 hrs
And
The provision of late night refreshment indoors only
Standard days and timings:
Monday to Thursday
Friday and Saturday
Seasonal Variations
Christmas Eve
New Years Eve
UK Bank Holidays
23:00 to 00.00 hrs
23:00 to 01.00 hrs
23:00 to 01:00 hrs
23:00 to 01:00 hrs
23:00 to 01:00 hrs
* The premises are also allow to remain open to the public an addition 30 minutes past
the hours stated above.
4. The Application
This is an application made under Section 34 of the Licensing Act 2003 to vary the
Premises Licence currently held, to have effect as soon as possible.
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It seeks to vary the following:
‣ To allow the exhibition of films from 11:00 until 23:00 Mondays to Sundays
(indoors only)
‣ To allow the playing of live music from 18:00 until 23:00 Monday to Sunday
(indoors only)
‣ To allow the performance of dance and the provision of facilities for dancing from
18:00 until 23:00 Fridays to Sundays (indoors only)
In part 3 of the application the applicants have referred to the provision of Adult
Entertainment. After consulting with the applicants agent it was established that the
activities the premises were requesting would not fall under the definition of Adult
Entertainment for the purposes of the Licensing Act 2003 and indeed referred to the
activities outlined in section G of the applications Operating Schedule.
4. Representations
The Noise and Statutory Nuisance Manager Ralph Haynes has made a representation to
this application.
The representation is concerned with the likely impact that the granting of this application
would have and in particular to the increased potential for noise nuisance.
5. Officers Comments
Our records show that the premises users have served 6 Temporary Event Notices upon
the Licensing Authority in 2008.
The Council's Policy makes it clear that licensing law, though a key aspect, is not the
primary mechanism for the general control of nuisance and antisocial behaviour by
individuals once they are away from the licensing premises and therefore beyond the
direct control of the licence holder. The Statutory Guidance at 1.26 refers to the control of
behaviour away from licensed premises.
Council’s Policy (4.2) states that The council shall recognise that there should be a clear
separation of the planning and licensing regimes in respect of applications to avoid
duplication or a re-run of the planning application process but also recognises that some
factors affecting the planning decision may also affect the decision of the Licensing
Committee.
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.
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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.”
The guidance also states at 10.13 that licensing conditions should be tailored to the size,
style, characteristics and activities taking place at the premises concerned.
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 of the building will be available at the hearing.
Michelle Budden
Licensing Officer
Wednesday, 10 December 2008
22

Licensing Act 2003
Part A:
Premises Licence
Premises Licence Number:
LN/199906980
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
330 Ballards Lane
Post Town
London
Post code
N12 0EY
Telephone number
020 8445 3345
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, and
The provision of late night refreshment.
The times the licence authorises the carrying out of licensable activities
Sale by retail of alcohol
Standard Days and Timings:
Monday to Thursday
Friday and Saturday
Sunday
Seasonal Variations
Christmas Eve
New Years Eve
UK Bank Holidays
11:00 to 00.00 hrs
11:00 to 01.00 hrs
12:00 to 23:30 hrs
11:00 to 01:00
11:00 to 01:00
11:00 to 01:00
The provision of late night refreshment indoors only
Standard days and timings:
Monday to Thursday
11:00 to 00.00 hrs
Friday and Saturday
11:00 to 01.00 hrs
Seasonal Variations
Christmas Eve
New Years Eve
UK Bank Holidays
23:00 to 01:00
23:00 to 01:00
23:00 to 01:00
1
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The hours that the premises are open to the public
Standard days and timings:
Monday to Thursday
11:00 to 00.30 hrs
Friday and Saturday
11:00 to 01.30 hrs
Seasonal Variations
Christmas Eve
New Years Eve
UK Bank Holidays
11:00 to 01:30
11:00 to 01:30
11:00 to 01:30
Where the licence authorises supplies of alcohol whether these are on and/ or off supplies
On supplies only
Part 2
Name, (registered) address, telephone number and email (where relevant) of holder of
premises licence
Siamak Eshghi-Hagighi
3 Friary Road
Finchley
London N12 9HY
020 31332 8880
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
Mrs Irina Lopatina
45 Winscombe
Bracknell
Berkshire
RG12 8UE
Personal licence number and issuing authority of personal licence held by designated
premises supervisor where the premises licence authorises for the supply of alcohol
LN/200600560 Brackwell Forest Borough Council
2
24

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. No entry or re-entry on Fridays and Saturdays after 00:00
4. All windows shall be kept closed after 23:00
5. A notice shall be displayed prominently at the customer exit asking customers to leave quietly.
Annex 3 – Conditions attached after hearing by the licensing authority
6. N/A
Annex 4 - Plan
As submitted to the Council with the application for the grant of a premises licence under section 17 of
the Licensing Act 2003.
3
25

Matters for decision
ALFAMA RESTAURANT, 330 Ballards Lane, London, N12 0EY
Part B: to allow the exhibition of film
Paragraphs of particular relevance in Licensing policy
Paragraphs of particular relevance in mandatory guidance
Standard Hours
Day
Proposed start
time
Proposed finish
time
Granted as
application
Amended to:
Refused
Monday 11:00 23:00
Tuesday 11:00 23:00
Wednesday 11:00 23:00
Thursday 11:00 23:00
Friday 11:00 23:00
Saturday 11:00 23:00
Sunday 11:00 23:00
Conditions attached:
Reasons for decisions above:
26

Part E: to allow the performance of Live Music – indoors only
Paragraphs of particular relevance in Licensing policy
10.5 – 10.9 Live Music Dancing and Theatre
Paragraphs of particular relevance in mandatory guidance
3.9 – 3.10, 13.70
Standard Hours
Day
Proposed start
time
Proposed finish
time
Granted as
application
Amended to:
Refused
Monday 18:00 23:00
Tuesday 18:00 23:00
Wednesday 18:00 23:00
Thursday 18:00 23:00
Friday 18:00 23:00
Saturday 18:00 23:00
Sunday 18:00 23:00
Conditions attached:
Reasons for decisions above:
27

Part G: to allow the Performance of Dance – indoors only
Paragraphs of particular relevance in Licensing policy
10.5 – 10.9 Live Music Dancing and Theatre
Paragraphs of particular relevance in mandatory guidance
3.9 – 3.10, 13.70
Standard Hours
Day
Proposed start
time
Proposed finish
time
Granted as
application
Amended to:
Refused
Monday - -
Tuesday - -
Wednesday - -
Thursday - -
Friday 18:00 23:00
Saturday 18:00 23:00
Sunday 18:00 23:00
Conditions attached:
Reasons for decisions above:
28

Part J: to allow the provision of facilities for dancing – indoors only
Paragraphs of particular relevance in Licensing policy
10.5 – 10.9 Live Music Dancing and Theatre
Paragraphs of particular relevance in mandatory guidance
3.9 – 3.10, 13.70
Standard Hours
Day
Proposed start
time
Proposed finish
time
Granted as
application
Amended to:
Refused
Monday - -
Tuesday - -
Wednesday - -
Thursday - -
Friday 18:00 23:00
Saturday 18:00 23:00
Sunday 18:00 23:00
Conditions attached:
Reasons for decisions above:
29

Written
Representations
30

Director of Planning and Environmental Protection
The London Borough of Barnet,
Building 4, North London Business Park
Oakleigh Rd South,
London N11 1NP
Memo to Licensing
contact: ralph.haynes
tel: 020 8359 7448
e-mail: ralph.haynes @barnet.gov.uk
fax: 0870 88968793
date: 23 d November 2008
our reference:
your reference:
Re: Licensing Act 2003
re Alfama 330 Ballards Lane N3
REPRESENTATIONS MADE BY THE PUBLIC HEALTH AND NUISANCE SERVICE
BEING A RESPONSIBLE AUTHORITY
IN ACCORDANCE WITH LONDON BOROUGH OF BARNET LICENSING POLICY
I write in connection with the above premises and the licence application. Historically this
service has had valid complaints of noise from above premises which have been
confirmed by officers witnessing a noise nuisance on 16 September 2007. Since then
this service has received at least 6 more complaints from different residents.
I visited on 10 November 2008 and rang the applicant previously. I advised the Manager
Vito (who has since left but the licence holder remains the same) on 16/11/7 to liaise with
neighbours to control volume and isolate speakers using rubber pads from live music PA.
I spoke to a resident on 10 November and confirmed there were still complaints when
Temporary Event Notices were given for music and dancing which could be heard in rear
residential premises above and adjoining the restaurant. There are 3 adjoining residential
flats above.
Therefore due to valid complaints and for the following reasons I would like to prevent
licencing the premises for application sections E, G, H, I J & K live music, dance.
• The windows in the premises are single glazed.
• There are only single doors at the front for noise to break out of.
• The speakers on the TV and more importantly the pa speakers were connected to
the shared party wall are not isolated from the structure of the building allowing
noise to freely transmit to attached neighbouring premises.
• It is very difficult to limit the noise from acoustic instruments if residents live
attached and above and to the side of a premises and there is no noise limiter to
restrict noise.
• The dance floor is wooden and is not isolated from the structure so dance steps
vibrates the party walls
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Previously under different manager but same owner I spent 20minutes advising on how to
remedy these defects and to advise fitting a noise limiter however until this is done as the
premises shares party walls and floors with residential premises it is not suitable as a
venue for noisy live licensed entertainment at any time. I had been in dialogue and spoke
at the licensing hearing approximately a year ago to agree conditions that may resolve
these issues but to date these have not been agreed.
Therefore for the above reasons I would like to make to make a representation that the
application is very likely to lead to increased potential for noise nuisance and should be
refused.
Yours sincerely
Ralph Haynes
Group Manager Noise and Nuisance
32