Report of Democratic Services Manager

AGENDA ITEM: 11
Page nos. 1 – 65
Meeting
eting
Licensing Sub-Committee
Date
7 SEPTEMBER 2005
Subject
Jeremiah Bullfrogs, 655 Watford Way, Mill Hill,
London, NW7 3JR
Report of
Democratic Services Manager/Licensing Officer
Summary
This advises the Sub-Committee of the situation relating to the
conversion and existing justice’s licence into a premises licence
and asks the Sub-Committee to consider the application for
varying the licence.
Officer Contributors
Janet Rawlings - Democratic Services (covering report )
Carl Matuszek, Licensing Officer (Licensing Officer’s Report)
Status (public or exempt)
Public
Ward(s) affected
Mill Hill
Enclosures
Enclosure 1:
The Application Form
Enclosure 2:
Enclosure 3:
Enclosure 4:
Report of the Licensing Officer
Decision Sheets
Written Objections
For decision by
Licensing Sub-Committee
Function of
Council
Reason for urgency /
exemption from call-in (if
appropriate)
N/A
Contact for further information: Janet Rawlings, Democratic Services, 020 8359 2156
1.
RECOMMENDATIONS
1.1
That the Sub–Committee note that, as there are no objections made by the
police to the application for a conversion of the licence, the conversion will
automatically be granted.
1.2
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.
FINANCIAL, STAFFING, ICT AND PROPERTY IMPLICATIONS
5.1
None.
6.
LEGAL ISSUES
6.1
No police objections to the conversion of the premises licence were received,
therefore the conversion was automatically granted.
Valid representations have been received to the variation application, which is the
issue which is before the Sub–Committee for consideration.
7.
CONSTITUTIONAL POWERS
7.1
The Licensing Sub-Committee will discharge the functions under the Licensing Act
2003 and associated Regulations, as delegated to it by the Licensing Committee.
8.
BACKGROUND INFORMATION
8.1
The application and report of the Licensing Officer and appendices are attached to
this report.
9.
LIST OF BACKGROUND PAPERS
9.1
None.
BS: MEE
Licensing Act 2003
Report for public hearing
Application to convert the existing licence to a premises licence under the Licensing Act 2003
and to vary the premises licence simultaneously for-
JEREMIAH BULLFROGS 655 WATFORD WAY MILL HILL NW7 3JR
Applicant
Mark Somers
Certificates and Licences currently held.
A Justices on Licence, issued by the Magistrate’s Court which permits the sale of alcohol from 10:00 hours until 23:00
hours on Monday to Saturday and on Sunday from Midday until 22.30 hours.
A Section 77 certificate issued by the Magistrates court which permits the sale of alcohol beyond 11pm until midnight
Thursday, Friday and Saturday inclusive.
A Public Entertainment Licence for music and dancing, issued by the Council with the following Schedule of Conditions:
The premises may remain open for the purpose of this licence beyond 11pm until midnight on the days Thursday, Friday
and Saturday inclusive. There is a condition attached which requires the use of door supervisors.
The maximum number of persons that may be accommodated on the premises is 100.
The premises shall be provided with adequate facilities to monitor and control the number of persons present.
No admission or re-admission of members of the public shall be allowed after 2230 hours.
The front exit door shall remain locked in the open position whilst the premises are being used for the purpose of this
licence.
With the exception of the front exit door, all other doors and windows shall remain closed whilst the premises are being
used for the purpose of this licence.
Representations.
Regarding the Conversion.
The Metropolitan Police have made a representation concerning the prevention of Crime and Disorder to the Designated
Premises Supervisor specified on page 4 of the application.
Regarding the Variation.
There have been 4 relevant representations made with regards to the likely effect of the proposed variation of this licence.
In general they relate to the prevention of public nuisance and the prevention of crime and disorder. The Metropolitan
Police have made a representation regarding the prevention of Crime and Disorder.
Background Information.
• There have been ten noise complaints received by our Noise and Statutory Nuisance department since the records
were started in 1992.
•
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 may only attach conditions to the parts of the licence under discussion that are necessary to
promote the licensing objectives arising out of the consideration of the representations.
• 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.
MATTERS FOR DECISION
Part B: the exhibition of films indoors only
Paragraphs of particular relevance in Licensing policy
3.1 3.2
Paragraphs of particular relevance in mandatory guidance
5.10
Standard days and Timings
Day
Existing
start
time
Monday
#
Tuesday
#
Wednesday #
Thursday
#
Friday
#
Saturday
#
Sunday
#
Proposed
start time
*
*
*
*
*
*
*
Existing
finish
time
#
#
#
#
#
#
#
Notes.
# Not a currently licensable activity.
*No standard days and times specified.
See non standard timings and application Page 10
Proposed
finish
time
*
*
*
*
*
*
*
Granted as
application
Amended to:
Refused
Added conditions, if any:
Reasons for decisions above:
Non-standard Timings
Day
Notes
See application page 10
Proposed
hours
Proposed
Condition
Granted as
application
Amended to:
Refused
Part E: the performance of live music. Indoors only
Paragraphs of particular relevance in Licensing policy
3.1 3.2
Paragraphs of particular relevance in mandatory guidance
5.10
Standard Hours
Day
Existing
start
time
Monday
11:00
Tuesday
11:00
Wednesday 11:00
Thursday
11:00
Friday
11:00
Saturday
11:00
Sunday
12:00
* Notes
Proposed
start time
21:00
21:00
21:00
21:00
21:00
21:00
13:30
21:00
Existing
finish
time
23:00
23:00
23:00
24:00
24:00
24:00
22:30
Proposed
finish
time
00:00
00:00
00:00
01:00
01:30
01:30
1600
00:00
Granted as
application
Amended to:
Refused
Added conditions, if any:
Reasons for decisions above:
Non-standard Timings
Day
St Patrick’s Day
St George’s Day
Notes
Added conditions, if any:
Reasons for decisions above:
Proposed
Additional
hours
During the
Afternoon
During the
Afternoon
Proposed
Condition
Granted as
application
Amended to:
Refused
Part F: to allow recorded music indoors only
Paragraphs of particular relevance in Licensing policy
3.1 3.2
Paragraphs of particular relevance in mandatory guidance
5.10
Standard Hours
Day
Existing
start
time
Monday
11:00
Tuesday
11:00
Wednesday 11:00
Thursday
11:00
Friday
11:00
Saturday
11:00
Sunday
12:00
* Notes
Proposed
start time
21:00
21:00
21:00
21:00
21:00
21:00
21:00
Existing
finish
time
23:00
23:00
23:00
24:00
24:00
24:00
22.30
Proposed
finish
time
00:00
00:00
00:00
01:00
01:00
01:00
00:00
Granted as
application
Amended to:
Refused
Added conditions, if any:
Reasons for decisions above:
Non-standard Timings
Day
St Patrick’s Day
St George’s Day
Bank Holiday Sunday
Christmas Eve
Good Friday
Boxing Day
During World Cup or Euro Cup
Football Evenings or Mornings
Or Rugby World Cup Games
Notes
* Not specified
Proposed
Additional
hours
Until 01:00
Until 01:00
Until 01:00
Until 01:00
Until 01:00
Until 01:00
*
Proposed
Condition
Granted as
application
Amended to:
Refused
Added conditions, if any:
Reasons for decisions above:
Part F: performance of dance. Indoors only
Paragraphs of particular relevance in Licensing policy
3.1 3.2
Paragraphs of particular relevance in mandatory guidance
5.10
Standard Hours
Day
Existing
start
time
Monday
11:00
Tuesday
11:00
Wednesday 11:00
Thursday
11:00
Friday
11:00
Saturday
11:00
Sunday
12:00
* Notes
Proposed
start time
21:00
21:00
21:00
21:00
21:00
21:00
21:00
Existing
finish
time
23:00
23:00
23:00
24:00
24:00
24:00
22.30
Proposed
finish
time
00:00
00:00
00:00
01:00
01:00
01:00
00:00
Granted as
application
Amended to:
Refused
Added conditions, if any:
Reasons for decisions above:
Non-standard Timings
Day
St Patrick’s Day
St George’s Day
Bank Holiday Sunday
Christmas Eve
Good Friday
Boxing Day
During World Cup or Euro Cup
Football Evenings or Mornings
Or Rugby World Cup Games
Notes
* Not specified
Proposed
Additional
hours
Until 01:00
Until 01:00
Until 01:00
Until 01:00
Until 01:00
Until 01:00
*
Proposed
Condition
Granted as
application
Amended to:
Refused
Added conditions, if any:
Reasons for decisions above:
Part H: performance of anything of a similar description to that falling within E F or G, in this case karaoke, DJs
and recorded background music. Indoors only
Paragraphs of particular relevance in Licensing policy
3.1 3.2
Paragraphs of particular relevance in mandatory guidance
5.10
Standard Hours
Day
Existing
start
time
Monday
11:00
Tuesday
11:00
Wednesday 11:00
Thursday
11:00
Friday
11:00
Saturday
11:00
Sunday
12:00
* Notes
Proposed
start time
21:00
21:00
21:00
21:00
21:00
21:00
21:00
Existing
finish
time
23:00
23:00
23:00
24:00
24:00
24:00
22.30
Proposed
finish
time
00:00
00:00
00:00
01:00
01:00
01:00
00:00
Granted as
application
Amended to:
Refused
Added conditions, if any:
Reasons for decisions above:
Non-standard Timings
Day
St Patrick’s Day
St George’s Day
Bank Holiday Sunday
Christmas Eve
Good Friday
Boxing Day
During World Cup or Euro Cup
Football Evenings or Mornings
Or Rugby World Cup Games
Notes
* Not specified
Proposed
Additional
hours
Until 01:00
Until 01:00
Until 01:00
Until 01:00
Until 01:00
Until 01:00
*
Proposed
Condition
Granted as
application
Amended to:
Refused
Added conditions, if any:
Reasons for decisions above:
Part M: to allow the sale by retail of alcohol for consumption on the premises
Paragraphs of particular relevance in Licensing policy
Paragraph 6
Paragraphs of particular relevance in mandatory guidance
3.29 Annex G
Standard Hours
Day
Existing Proposed
start
start time
time
Monday
11:00
12:00
Tuesday
11:00
12:00
Wednesday 11:00
12:00
Thursday
11:00
12:00
Friday
11:00
12:00
Saturday
11:00
12:00
Sunday
12:00
12:00
* Notes
Existing Proposed
finish
finish
time
time
23:00
00:00
23:00
00:00
23:00
00:00
24:00
01:00
24:00
01:00
24:00
01:00
22:30
00:00
Granted as
application
Amended to:
Refused
Added conditions, if any:
Reasons for decisions above:
Non-standard Timings
Day
St Patrick’s Day
St George’s Day
Bank Holiday Sunday
Christmas Eve
Good Friday
Boxing Day
During World Cup or Euro Cup
Football Evenings or Mornings
or Rugby World Cup Games
Notes
* Not specified
Proposed
Additional
hours
Until 01:00
Until 01:00
Until 01:00
Until 01:00
Until 01:00
Until 01:00
*
Proposed
Condition
Granted as
application
Amended to:
Refused
Added conditions, if any:
Reasons for decisions above:
Part O: the hours in which the premises are allowed to be open to the public
Paragraphs of particular relevance in Licensing policy
Paragraph 6
Paragraphs of particular relevance in mandatory guidance
3.29 6.10 6.11 6.13 Annex G
Standard Hours
Day
Existing Proposed
start
start time
time
Monday
11:00
12:00
Tuesday
11:00
12:00
Wednesday 11:00
12:00
Thursday
11:00
12:00
Friday
11:00
12:00
Saturday
11:00
12:00
Sunday
12:00
12:00
* Notes
Existing Proposed
finish
finish
time
time
23:20
00:30
23:20
00:30
23:20
00:30
23:20
01:30
23:20
01:30
23:20
01:30
22:50
00:30
Granted as
application
Amended to:
Refused
Added conditions, if any:
Reasons for decisions above:
Non-standard Timings
Day
St Patrick’s Day
St George’s Day
Bank Holiday Sunday
Christmas Eve
Good Friday
Boxing Day
During World Cup or Euro Cup
Football Evenings or Mornings
or Rugby World Cup Games
Notes
* Not specified
Proposed
Additional
hours
Until 01:30
Until 01:30
Until 01:30
Until 01:30
Until 01:30
Until 01:30
*
Proposed
Condition
Granted as
application
Amended to:
Refused
Added conditions, if any:
Reasons for decisions above:
Part P - Conditions, terms or restrictions currently imposed on the converted licence for which removal is
sought.
Paragraphs of particular relevance in Licensing policy
Paragraphs of particular relevance in mandatory guidance
Granted as
application
To remove the restrictions and effects of
Section 168 and 171 Licensing Act 19634 so
as to allow provisions under the Licensing Act
2003 to apply to children
To remove the restrictions on consumption of
alcohol as set out in Section 63(1) Licensing
Act 1964 (drinking up time)
To remove the restrictions on credit sales in
place by section 166 licensing act 1964
To extend the terminal hour at the premises in
respect of the sale of alcohol and other
licensable activities
To allow limited entertainment in line with the
current provisions of Section 182 Licensing Act
(“two in a bar”)
* Notes
Amended to:
Refused
Alternative conditions, if any:
Reasons for decisions above: