LICENSING SUB-COMMITTEE. 3 August 2006 at am

Transcription

1 MEETING LICENSING SUB-COMMITTEE DATE AND TIME 3 August 2006 at am VENUE THE TOWN HALL, THE BURROUGHS, HENDON, NW4 4BG TO: MEMBERS OF THE COMMITTEE (Quorum 3)* Councillors: Terence Burton (Chairman) Ansuya Sodha Jim Tierney *This licensing authority will only allow licensing decisions to be taken by a minimum of three Councillors. In the event of one Member being unable to attend, their place will be substituted by another Member taken from the membership of the full Licensing Committee. In the event of this substitution taking place, all parties will be informed of the change of Membership at the beginning of the hearing. You are requested to attend the above meeting for which an Agenda is attached. Janet Rawlings, Acting Democratic Services Manager Democratic Services contact: Vishal Seegoolam, FACILITIES FOR PEOPLE WITH DISABILITIES The Town Hall has access for wheelchair users including lifts and toilets. If you wish to let us know in advance that you will be attending the meeting please telephone Manjit Kairo on People with hearing difficulties who have a text phone, may telephone our minicom number on All of our Committee Rooms also have induction loops. Town Hall Hendon NW4 4BG

2 ORDER OF BUSINESS Item No. Title of Report Contributors 1. ABSENCE OF MEMBERS - 2. DECLARATION OF MEMBERS PERSONAL AND PREJUDICIAL INTERESTS - 3. PROCEDURE AT MEETING - 4. APPLICATION FOR Celebrations, 100 High Street, Edgware, Middx, HA8 7HF (Edgware Ward) am (approx) ) Democratic Services Manager/ Licensing Officer 5. MOTION TO EXCLUDE THE PRESS AND PUBLIC: That, under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the disclosure of exempt information as defined in paragraph 6(b), Part 1 of Schedule 12A of the Act. 6. DELIBERATION BY THE SUB-COMMITTEE IN PRIVATE SESSION 7. RE-ADMISSION OF PRESS AND PUBLIC Announcement of the decision of the Sub-Committee 8. APPLICATION FOR Barnet Cricket Club, Barnet Lane, Barnet, Herts, EN5 2DN (Underhill Ward) am (approx) Democratic Services Manager/ Licensing Officer 9. MOTION TO EXCLUDE THE PRESS AND PUBLIC: That, under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the disclosure of exempt information as defined in paragraph 6(b), Part 1 of Schedule 12A of the Act. 10. DELIBERATION BY THE SUB-COMMITTEE IN PRIVATE SESSION 11. RE-ADMISSION OF PRESS AND PUBLIC Announcement of the decision of the Sub-Committee 12. Any other items which the Chairman agrees are urgent

3 Fire/Emergency Evacuation Procedure If the fire alarm sounds continuously, or if you are instructed to do so, you must leave the building by the nearest available exit. You will be directed to the nearest exit by Committee staff or by uniformed porters. It is vital you follow their instructions. You should proceed calmly; do not run and do not use the lifts. Do not stop to collect personal belongings. Once you are outside, please do not wait immediately next to the building, but move some distance away and await further instructions. Do not re-enter the building until told to do so.

4 AGENDA ITEM: 4 Page nos Meeting eting Licensing Sub-Committee Date 3 AUGUST 2006 Subject Report of Summary Celebrations, 100 High Street, Edgware, Middx, HA8 7HF Democratic Services Manager/Licensing Officer This report asks the Sub-Committee to consider an application for a new 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) Vishal Seegoolam - Democratic Services (covering report) Carl Matuszek, Licensing Officer (Licensing Officer s Report) Public Edgware Enclosure 1: The Application Form Enclosure 2: Report of the Licensing Officer and Decision Sheets including Written Objections Licensing Sub-Committee Council N/A Contact for further information: Vishal Seegoolam, Democratic Services,

5 1. RECOMMENDATIONS 1.1 That the Sub Committee consider the application for a new 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. FINANCIAL, STAFFING, ICT AND PROPERTY IMPLICATIONS 5.1 None. 6. LEGAL ISSUES 6.1 Valid representations have been received to the application, which is therefore 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

6 ~FCFIVED 1 3 JUi'~2~,LS Application for a premises licence to be granted under the Licensing Act 2003 ~NVmONMENTALHEALTH PLEASE READ THE FOLLOWING INSTRUCTIONS FIRST Before completing 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 all cases ensure that your answers are inside the boxes and written in black ink. Use additional sheets if necessary. You may wish to keep a copy of the completed form for your records. l!we CELEBRATION RESTAURANT LTD (Insert name(s) of applicant) apply for a premises licence under section 17 of the Licensing Act 2003 for the premises described in Part 1 below (the premises) and liwe are making this application to you as the relevant licensing authority in accordance with section 12 of the Licensing Act 2003 Part 1 - Premises Details Postal address of premises or, if none, ordnance survey map reference or description CELEBRATIONS ' 100 HIGH STREET EDGWARE Post town I MIDDLESEX I Post code I HAS 7HF Telephone number at premises (if any) Non-domestic rateable value of premises 9700 Part 2 - Applicant Details Please state whether you are applying for a premises licence as Please tick yes a) an individual or individuals *.. b) a person other than an individual * i. as a limited company II. as a partnership Hi. as an unincorporated association or iv. other (for example a statutory corporation) c) a recognised club d) a charity D I2l D D D D D please complete section (A) please complete section (B) please complete section (B) please complete section (B) please complete section (B) please complete section (B) please complete section (B) 1

7 e) the proprietor of an educational establishment f) a health service body g) a person who is registered under Part 2 of the Care Standards Act 2000 (c14) in respect of an independent hospital h) the chief officer of police ofa police force in England and Wales D D D D please complete section (B) please complete section (B) please complete section (B) please complete section (B) * If you are applying as a person described in (a) or (b) please confirm: I am carrying on or proposing to carry on a business which involves the use of the premises for licensable activities; or. I am making the application pursuant to a a a statutory function or a function discharged by virtue of Her Majesty's prerogative (A) INDMDUAL APPLICANTS (fill in as applicable) Please tick yes o D Mr D Mrs D Miss 0 Ms D Surname First names Other Title (for example, Rev) I am 18 years old or over 0 Please tick yes f Current postal address if different -,. from premises. address PostTown I I Postcode I Daytime contact telephone number 1 address (optional) :l SECOND INDIVIDUAL APPLICANT (if applicable) Mr 0 MrsD Miss D Ms D Other Title (for example, Rev) Surname First names I am 18 years old or over o Please tick yes 2

8 !.~ Current postal address if different from premises address Post Town I I Postcode Daytime contact telephone number I address (optional) J (B) OTHER APPLICANTS Please provide name and registered address of applicant in full. Where appropriate please give any registered number. In the case of a partnership or other joint venture (other than a body corporate), please give the name and address of each party concerned. Name CELEBRATION RESTAURANT LTD. Address REGISTERED OFFICE 65 CRANBORNE CRESCENT POTTERS BAR HERTS. EN6 3AE Registered number (where applicable) Description of applicant (for example, partnership, company, unincorporated COMPANY association etc.) Telephone number (if any) address (optional) Part 3 Operating Schedule When do you want the premises licence to start? If you wish the licence to be valid only for a limited period, when do you want it to end? 3

9 Please give a general description of the premises (please read guidance note1) RESTAURANT AND TAKE AWAY AND PRE BOOKED FUNCTIONS WITH ENTERTAINMENT If 5,000 or more people are expected to attend the premises at any one time, please state the number expected to attend What licensable activities do you intend to carry on from the premises? I (Please see sections 1 and 140f the Licensing Act 2003 and Schedules Licensing Act 2003) 1 and 2 to the Provision of regulated entertainment Please tick yes a) b) c) d) e) f) g) h) plays (if ticking yes, fill in box A) films (if ticking yes, fill in box B) indoor sporting events (if ticking yes, fill in box C) boxing or wrestling entertainment (if ticking yes, fill in box D) live music (if ticking yes,fiu in box E) recorded music (if ticking yes, fill in box F) performances of dance (if ticking yes, fill in box G) anything of a similar description to that falling within (e), (f) or (g) (if ticking yes, fiu in box H) Provision of entertainment facilities: i} making music (if ticking yes, fill in box I) j) dancing (if ticking yes, fill in box J) k) entertainment of a similar description to that falling within (i) or 0) (if ticking yes, fill in box K) Provision of late night refreshment (if ticking yes, fill in box L) o o 0 o [gl [gl [gl o Supplv of alcohol (if ticking yes, fill in box M) In all cases complete boxes N, 0 and P 4

10 u A Plays Will the performance of a play take place Standard days and indoors or outdoors or both - please tick Indoors 0 timings (please read (please read guidance note 2) guidance note 6} Outdoors 0 Day Start Finish Both 0 Mon Please aive further details here (please read guidance note 3) Tue Wed State any seasonal variations for performina plays (please read guidance note 4) Thur Fri Non standard timinas. Where you intend to use the premises for the performance of plays at different times to those listed in the column on the left. please list (please read guidance note 5) Sat Sun

11 B Films Will the exhibition of films take- place indoors Standard days and or outdoors or both - please tick (please read Indoors 0 timings (please read guidance note 2) guidance note 6), Outdoors 0 Day Start Finish Both 0 Mon Please aive further details here (please read guidance note 3) Tue Wed State any seasonal variations for the exhibition of films (please read guidance note 4) Thur Fri Non standard timinas. Where you intend to use the premises for the exhibition of films at different times to those listed in the column on thejeft. please list (please read guidance note 5) Sat " Sun ~

12 c Indoor sporting events Please aive further details (please read guidance note 3) Standard days and, timings (please read guidance note 6) Day Start Finish Mon Tue State any seasonal variations for indoor sportina events (please read guidance note 4) Wed Thur Non standard timinas. Where you intend to use the premises -- for indoor sportina events at different times to those listed in the column on the left. please list (please read guidance note 5) Fri Sat Sun

13 D Boxing or wrestling Will the boxing or wrestling entertainment Indoors 0 entertainments take place indoors or outdoors or both - Standard days and please tick (please read guidance note 2) timings (please read Outdoors ; 0 guidance note 6) - f Day Start Finish Both. 0 Mon Please give further details here (please read guidance note 3) - I I, Tue ---- Wed Stateanv seasonal variations for boxing or wrestlina entertainment (please read guidance note 4) ; Thur 1--- ' t Fri Non standard timinas. Where vou.intend to use the premises for boxina or wrestlina entertainment at different times to those listed in the column on the left. please list (please read guida,nce Sat note 5) I --. ; Sun i ,

14 E Live music Will the performance of live music take place Standard days and indoors or outdoors or both - please tick Indoors ISJ timings (please read (please read guidance note 2) guidance note 6) Outdoors D Day Start Finish Both D Mon Please aive further details here (please read guidance note 3) Amplified or unamplified music Tue Wed State any seasonal variations for the performance of live music (please read guidance note 4) Thur Fri Nonstandard timinas. Where you intend to use the premises for the performance of live music at different times to those listed in the column on the left. please list (please read guidance Sat note 5) Sun

15 F Recorded music Will the playina of recorded music take place Standard days and indoors or outdoors or both- please tick Indoors timings (please read (please read guidance note 2)., guidance note 6). Outdoors 0 Day Start Finish 80th 0 Mon Please aive further details here (please'read guidance note 3) Amplified or unamplified music [ZJ Tue il Wed State anvseasonal variations for the playina of recorded music (please read guidance note 4) Thur Fri Non standard timinas. Where you intend to use the premises ~- for the playina of recorded music at different times to those listed in the column on the left, please list (please read guidance Sat note 5) Sun

16 G Performa nces of Will the performance of dance take place dance indoors or outdoors or both - please tick Indoors [ZJ Standard days and (please read guidance note 2) timings (please read Outdoors 0 guidance note 6) Day Start Finish Both 0 Mon Pleaseaive further details here (please-read guidance note 3) Occasional Cultural Dancing Tue Wed State any seasonal variations for the performance of dance (please read guidance note 4) Thur Fri Non standard timinas. Where you intend to use the premises for the performance of dance at different times to those listed in the column on the left, please list (please read guidance note 5) Sat Sun

17 H Anything of a similar Please aive a description of the type of entertainment you will description to that be providing falling within (e), (f) or (g), Standard days and timings (please read '" guidance note 6) Day Start Finish Will this entertainment take place indoors or Indoors 0 outdoors or both - please tick (please read Man Outdoors guidance note 2) Both 0 Tue - Pleaseaive further details here (please read guidance note 3) Wed --, ; Thur "State any seasonal variations for entertainment of a' similar description to that falling within (e). (f) or (g) (please read guidance note 4) Fri --.1 ;1 Sat Non standard timinas. Where vouintend to use the" premises for the entertainment of a similar description to that fallina -- within (et (f)or (a) at different times to those listed in the column on the left. please list (please read guidance note 5) Sun -' 12

18 Provision of facilities Please aive a description of the facilities for makina music YOU for making music will be providing Standard days and Amplified or unamplified music timings (please read guidance note 6) " Will the facilities for making music be indoors or outdoors or both - please tick Indoors (please read guidance note 2) Outdoors D Day Start Finish Both D Man Please give further details here (please read guidance note 3) Amplified or unamplified music [g] Tue Wed State any seasonal variations for the provision of facilities for making music (please read guidance note 4) Thur Fri Non standard timings. Where YOU intend to use the premises for provision of facilities for makina music at different times to those listed in the column on the left. please list (please read Sat guidance note 5) c Sun

19 J Provision of facilities. Will the facilities for dancina be indoors or for dancing outdoors or both..:..please tick (see guidance Indoors Igj Standard days and note 2)... \. Outdoors 0 timings (please read guidance note 6) Both Please give a description of the facilities for dancina you will be providing Dance Floor Day Start Finish Mon Please give further details here (please read guidance note 3) "... Tue ~. i; Wed State any seasonal variations for providina dancina facilities (please read guidance note 4) Thur Fri Sat Non standard timings. Where you intend to use the premises for the provision of facilities for dancina entertainment at different times to those listed in the column on the left. please list (please read guidance note 5) Sun

20 K Provision of facilities Please aive a description of the type of entertainment facilitv for entertainment of a you will be providing similar description to that falling within i orj Standard days and timings (please read guidance note 6) Day Start Finish Will the entertainment facilitv be indoors or Indoors 0 outdoors or both - please tick (please read Mon guidance note 2) Outdoors Both 0 Tue Please give further details here (please read guidance note 3) Wed Thur State any seasonal variations for the provision of facilities for entertainment of a similar description to that falling within i or i (please read guidance note 4) Fri Sat Non standard timings. Where you intend to use the premises for the provision of facilities for entertainment of a similar description to that falling within i or j at different times to those listed in the column on the left. please list (please read guidance note 5) Sun 15

21 L,Late night refreshment Will the provision of late night refreshment Indoors D Standard days and take place indoors or outdoors or both -, timings (please read please tick (please read guidance'note 2) I: guidance note 6) Outdoors D Day Start Finish, Both fgi Mon Please aive further details here (please read guidance note 3) Restaurant and take CNlay Tue '-... ", Wed State any seasonal variations for the provision of late niaht refreshment, (please read guidance note 4) Thur , Fri Non standardtiminas. Where you intend to use the premises for the provision of late niaht refreshment at different times. to those listed in the column on the left. please list (please read ; Sat guidance note 5) Sun

22 M Supply of alcohol Will the supply of alcohol be for On the Standard days and consumption (Please tick box) (please read premises ~ timings (please read guidance note 7) guidance note 6) Off the premises 0 Day Start Finish Both 0 Man State any seasonal variations for the supply of alcohol (please read guidance note 4) Tue Wed Thur Non standard timinas. Where you intend to use the premises for the supply of alcohol at different times to those listed in the column on the left. please list (please read guidance notes) Fri Sat Sun State the name and details of the individual whom you wish to specify on the licence as premises supervisor Name MUKESHCHANDARANA Address 36 TONBRIDGE CRESCENT KENTON HARROW MIDDX. Postcode I HA3 9LA Personal Licence number (if known) Issuing licensing authority (if known) HARROW COUNCIL 17

23 N Please highlight any adult entertainment or services, activities, other enterta!nment or matters ancillary to the use of the premises that may give rise to concern in respect of children (please read guidance note 8) NONE o Hours premises are State any seasonal variations (please read guidance.note 4) open to the public Standard days and timings (please read guidance note 6) Day Start Finish Mon Tue ,>j 0' ~,,., Wed Thur Non standard timinas. Where you intend the premises to be open to the public at different times from those listed in the column on the left. please list (please read guidance note 5) Fri J Sat ' " ; ~ Sun

24 P Describe the steps you intend to take to promote the four licensing objectives: a) General - all four licensing objectives (b,c,d,e) (please read guidance note 9) See below b) The prevention of crime and disorder A Closed Circuit Television System will be installed and maintained on the premises. The CCTV system will be recording at all times when the premises are open and the recordings shall be made available to the police and the council on request. A Panic alarm system linked to the central Police Station will be installed. Alcohol will only be sold to customers seated at tables by waiter I waitress service. c) Public safety Fire safety equipment will be checked regularly and any requirements made by the Fire Safety Officer will be complied with. The maximum capacity of the premises at anyone time will be restricted to 100 persons. d) The prevention of public nuisance Staff will call Taxis I Mini cabs for the use of customers do so. leaving the premises when requested to Signs will be displayed at the exit reminding customers to leave quietly and respect the neighbours e) The protection of children from harm All staff will be trained that alcohol will only be sold to persons who can produce photographic identification where there is any doubt that they are over the age of

25 " I have made or enclosed payment of the fee I have enclosed the plan of the premises I have sent copies of this application and the plan to responsible authorities and others where applicable Please tick yes IZI I have enclosed the consent form completed by the individual I wish to be premises supervisor, if applicable I understand that I must now advertise my application I understand that if I do not comply with the above requirements my application wilt be rejected, IT IS AN OFFENCE, LIABLE ON CONVICTION TO A FINE UP TO levels ON ',THE STANDARD SCALE, UNDER SECTION 158 OF THE LICENSING ACT 2003 TO MAKE A FALSE STATEMENT IN OR IN CONNECTION WITH THIS APPUCATION Part 4 - Signatures (please read guidance note 10) Signature of applicant or applicant's solicitor or other duly authorised agent (See guidance note 11). If signing on behalf of the appli.cant please state in what capacity. ~ r&1 Signature Date Capacity AUTHORISED AGENT For joint applications signature o,f 2"dapplicant or 2 nd applicant's solicitor or other authorised agent (please read guidance note 12). If signing on behalf of the applicant ple.ase state in what capacity. Signature Date Capacity Contact name (where not previously given) and postal address for correspondence associated with this application {please read guidance note 13} J & H UCENSING CONSULTANTS 35 WAlFIElD AVENUE WHETSTONE Post town london Post code N209PS Telephone number (if any), If you would prefer us to correspond with you by your address (optional) 20

26 Consent of individual to being specified as premises supervisor _~_~_~~~!:(. ~_~tt_~~tst_~_~~_~ {full name of prospective premises supelvisotj _ of.3 ('Ot0&R../"b(;C- CI2-ES:C~Nf kgslotj ~A--Il-«. "W M /b'j> C S~ }..fa-.3 q L Ii [home address of prospective premises supelvisor] hereby confirm that I give my consent to be specified as the designated premises supervisor in relation to the application for Pt<.. Mf sn L(C NC~ ~pe-ofiipplica#oilj by CQ f?:>u1tio,j /<..1;STfk II!... Ll I ~.\, - rrv '7 NT "'(..t:::." [ii8n1e-oi~pph~n~ relating to a premises licence [number of existing licence, if any] for cn~~r-yt(/ D A-J.s r 00 ~f(;.u 5:.TRJaZT bc.tj IW<-C ~ l~b'k~ }.f R F 1

27 r -"";:::=:'-,.... and any premises licence to be granted or varied in respect of this application made by CELt:.~ f2..pr710 tv R..ITTIJVf<A-/'ST L-~, [niinie-ojaj)plicii~ concerning the supply of alcohol at ~fl.if-rlon ~ 100 J.,(tc-w STP-~ E'b G- k.)pril~ H(1:>z:>K, }.-(tt- g 7 H F ~ _ (name and address of premises to which application relates] I also confirm that I am applying for, intend to apply for or currently hold a personal licence, details of which I set out below. Personal licence number pnse;rtjieisoilaili~nceiiiunnbe':ij8inyj Personal licence issuing authority HAfl."r<.ow COUNCIL I Po BoX-I f? J..(~()'l...J COUNCIL) C.l\J IC C fj'(~ ~ S71t7/0/'J /<()1J-:b 7 HfJrp..R~1' Un I 2UT j;nserl-namei aili/address -ariiitelephonei,iunnbe,-0;j)ersoiiai iiceince-issuing- auijioi;ty,~j; iiiiyj *"2.0 q.:j70 Signed Name (please print).--"t1-'!1~ -~-~--~~-~ ~-~ Date \,,. 6, 0 2

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29 Licensing Act 2003 Licensing Officer s Report Premises Celebrations, 100, High Street, Edgware HA8 7HF Applicant J & H Licensing Consultants on behalf of Celebrations Restaurant Ltd, 65 Cranbourne Crescent Potters Bar Herts. EN6 3AE The Application This is an application made under Section 17 of the Licensing Act 2003 for a new Premises Licence. The licensable activities applied for are: The sale of alcohol for consumption on the premises on Monday to Sunday from 12:00 to 01:00 hrs. The provision of regulated entertainment, in this case live and recorded music and dancing (all indoors only), the provision of facilities for the same. On Monday to Sunday from 12:00 to 01:00 hrs. The provision of late night refreshment both indoors and outdoors on Monday to Sunday from 23:00 to 01:00 hrs. The premises to be open to the public on Monday to Sunday from 12:00 to 01:30 hrs. Representations received Representations from Interested Parties in the vicinity relating to the likely effect of the application on the promotion of the Licensing Objectives have been received. The licensing authority must hold a hearing to consider them. Under the Licensing Act 2003 Sec 4 (1) a licensing authority must carry out its functions under this Act with a view to promoting the licensing objectives The Licensing Objectives are: (a) the prevention of crime and disorder; (b) public safety; (c) the prevention of public nuisance; and (d) the protection of children from harm. Representations from Interested Parties A total of six members of the public have made representations comprising: Five residents of High Street Edgware from two households. A person involved in a business in High Street Edgware.

30 Nature of the Representations One resident specifically refers to having no objection as long as sound proofing is installed so that people at her address are not disturbed. Other representations refer to a history of noise problems associated with this site when it previously traded and one includes a letter dated May 6th allegedly written to the Licensing Justices at Barnet Magistrates Court. When considering the allegations regarding Public Safety it should be taken into account that the London Fire and Civil Defence Authority as a Responsible Authority have been sent a copy of the application and have written to say that they do not propose to make a representation. They also mention other matters, some of which may not relate to the four licensing objectives and they should not be taken into account. Representations from Responsible Authorities From the Metropolitan Police. From the London Borough of Barnet Planning and Environmental Protection Service. The Metropolitan Police representation raises the following matters: Insubstantial operating schedule Hours for standard and non standard timings and seasonal variations Use of door supervisors. CCTV system must comply with the minimum standards required i.e. a digital recording head unit, images to be stored for 31 days, DVD or CD burner to copy images from head unit/hard drive. Other crime prevention/reduction measures panic alarm The committee should note that the application does not contain any non standard days and timings. The Police mention other matters, some of which may not relate to the four licensing objectives and they should not be taken into account. The London Borough of Barnet s Planning and Environmental Protection Service represented by the Group Manager of the Scientific Services section representation raises the following matters: It refers to previous complaints of various forms of alleged noise nuisance emanating from the premises and the actions taken during the years It also includes a Schedule which invites certain conditions to be attached to any licence granted to reduce the likelihood of amplified music noise and

31 structure transmitted sound causing a nuisance to nearby residents. There are copies of a witness statement and a letter from a legal action appended. Policy and statutory guidance Sections of particular relevance to this application are listed in the matters for decision sheets attached to this report. Licensing officer s comments It is my understanding that the premises ceased to trade, closed in 2001 and have remained unoccupied since then. Most of the matters raised in the representations refer to events relating to the previous use of these premises. There is a demonstrable history of noise related complaints attached to the premises. It is for the committee to decide what weight to attach to these. The applicant has described the steps they intend to take to promote the licensing objectives on page 19 of the application. Under the heading of the prevention of public nuisance there is no reference to any steps to be taken in connection with the possible impact of noise from entertainment on neighbours. If the committee considers the operating schedule to lack information, the applicant can be asked to explain what steps, if any, are proposed to promote the licensing objectives. Any such information may then, after discussion, be converted to precisely worded licence conditions if appropriate. A plan of the premises and a map showing their location will be available at the hearing. Copies of the Licensing Policy, statutory guidance and the Council s Guide to Good Practice at Licensed Premises will be available for reference at the hearing. The Guide to Good Practice may assist with the wording of any licence conditions. Report of 14 th July 2006 Carl Matuszek Licensing Officer Appendix 1 Matters for Decision: Celebrations 100 High Street.

32 MATTERS FOR DECISION Celebrations, 100, High Street, Edgware HA8 7HF Part E: the performance of live music. Indoors only. Paragraphs of particular relevance in Licensing policy Paragraphs of particular relevance in mandatory guidance 5.10 Standard Days and Timings Day Proposed start time Proposed finish time Monday 12:00 01:00 Tuesday 12:00 01:00 Wednesday 12:00 01:00 Thursday 12:00 01:00 Friday 12:00 01:00 Saturday 12:00 01:00 Sunday 12:00 01:00 Granted as application Amended to: Refused Notes. No application was made for non standard timings or seasonal variations.

33 Added conditions, if any: Reasons for decisions above:

34 Part F: the playing of recorded music. Indoors only. Paragraphs of particular relevance in Licensing policy Paragraphs of particular relevance in mandatory guidance 5.10 Standard Days and Timings Day Proposed start time Proposed finish time Monday 12:00 01:00 Tuesday 12:00 01:00 Wednesday 12:00 01:00 Thursday 12:00 01:00 Friday 12:00 01:00 Saturday 12:00 01:00 Sunday 12:00 01:00 Granted as application Amended to: Refused Notes. No application was made for non standard timings or seasonal variations.

35 Added conditions, if any: Reasons for decisions above:

36 Part G: the performance of dance. Indoors only. Paragraphs of particular relevance in Licensing policy Paragraphs of particular relevance in mandatory guidance 5.10 Standard Days and Timings Day Proposed start time Proposed finish time Monday 12:00 01:00 Tuesday 12:00 01:00 Wednesday 12:00 01:00 Thursday 12:00 01:00 Friday 12:00 01:00 Saturday 12:00 01:00 Sunday 12:00 01:00 Granted as application Amended to: Refused Notes. No application was made for non standard timings or seasonal variations.

37 Added conditions, if any: Reasons for decisions above:

38 Part I: the provision of facilities for making music. Indoors only. Paragraphs of particular relevance in Licensing policy Paragraphs of particular relevance in mandatory guidance 5.10 Standard Days and Timings Day Proposed start time Proposed finish time Monday 12:00 01:00 Tuesday 12:00 01:00 Wednesday 12:00 01:00 Thursday 12:00 01:00 Friday 12:00 01:00 Saturday 12:00 01:00 Sunday 12:00 01:00 Granted as application Amended to: Refused Notes. No application was made for non standard timings or seasonal variations.

39 Added conditions, if any: Reasons for decisions above:

40 Part J: the provision of facilities for dancing. Indoors only. Paragraphs of particular relevance in Licensing policy Paragraphs of particular relevance in mandatory guidance 5.10 Standard Days and Timings Day Proposed start time Proposed finish time Monday 12:00 01:00 Tuesday 12:00 01:00 Wednesday 12:00 01:00 Thursday 12:00 01:00 Friday 12:00 01:00 Saturday 12:00 01:00 Sunday 12:00 01:00 Granted as application Amended to: Refused Notes. No application was made for non standard timings or seasonal variations.

41 Added conditions, if any: Reasons for decisions above:

42 Part L: provision of late night refreshment both indoors and outdoors. Standard Days and Timings Paragraphs of particular relevance in Licensing policy Paragraphs of particular relevance in mandatory guidance 5.10 Day Proposed start time Proposed finish time Monday 23:00 01:00 Tuesday 23:00 01:00 Wednesday 23:00 01:00 Thursday 23:00 01:00 Friday 23:00 01:00 Saturday 23:00 01:00 Sunday 23:00 01:00 Granted as application Amended to: Refused Notes. No application was made for non standard timings or seasonal variations.

43 Added conditions, if any: Reasons for decisions above:

44 Part M: to allow the sale by retail of alcohol for consumption on the premises only. Standard Days and Timings Paragraphs of particular relevance in Licensing policy Paragraph 6 Paragraphs of particular relevance in mandatory guidance Annex G Day Proposed start time Proposed finish time Monday 12:00 01:00 Tuesday 12:00 01:00 Wednesday 12:00 01:00 Thursday 12:00 01:00 Friday 12:00 01:00 Saturday 12:00 01:00 Sunday 12:00 01:00 Granted as application Amended to: Refused Notes. No application was made for non standard timings or seasonal variations.

45 Added conditions, if any: Reasons for decisions above:

46 Part O: the hours in which the premises are open to the public. Paragraphs of particular relevance in Licensing policy Paragraph 6 Paragraphs of particular relevance in mandatory guidance Annex G Standard Days and Timings Day Proposed start time Proposed finish time Monday 12:00 01:30 Tuesday 12:00 01:30 Wednesday 12:00 01:30 Thursday 12:00 01:30 Friday 12:00 01:30 Saturday 12:00 01:30 Sunday 12:00 01:30 Granted as application Amended to: Refused Notes. No application was made for non standard timings or seasonal variations.

47 Added conditions, if any: Reasons for decisions above:

48 With compliments WHETSTONE POLICE STATION 1170 HIGH ROAD WHETSTONE LONDON N20 0LW J & H Licensing 35 Walfield Avenue Telephone: Whetstone Facsimile: N20 9PS SX_Licensing@met.police.uk Date: 6 th July 2006 L.B.B. ref: WK/ Our ref: 398/2006 CC: London Borough of Barnet Mr Mukesh Chandarana J & H Licensing Consultants Police Make Representations to the following application made under Section 17 Licensing Act 2003 Application Given To Police On: 13 th June 2006 Premises: a) plays (box A) CELEBRATIONS 100 High St Edgware Middlesex HA8 7HF Representations b) films (box B) c) indoor sporting events (box C) d) boxing or wrestling entertainment (box D) e) live music (box E) Y f) recorded music (box F) Y g) performances of dance (box G) Y h) anything of a similar description to that falling within (e), (f) or (g) (box H) i) making music (box I) Y j) dancing (box J) Y k) entertainment of a similar description to that falling within (i) or (j) (box K) l) late night refreshment (box L) Y m) alcohol sale by retail (box M) Y n) adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children (box N) Y

49 o) Hours premises are open to the public (box O) The Police representations are primarily concerned with the following areas that require addressing to ensure compliance with the Licensing Objectives in particular the Prevention of Crime and Disorder Insubstantial operating schedule Hours required for standard days and timings Use of Door supervisors CCTV system must comply with the minimum standards required i.e. a digital recording head unit, images to be stored for 31 days, DVD or CD burner to copy images from head unit/hard drive. Other crime prevention/reduction measures panic alarm Prior to expanding on the Police objections, a brief history of the premises is essential to understand the problems suffered by both Police and residents. These issues are more than likely to cause the same problems if a licence is issued to these premises. The premises were previously licensed and operated under a justice s on licence issued by Barnet Magistrates on 12 th December The licensees were Mr Prabhat PARMA and Mr Ramesh PATEL The licence was a Full On licence (section 55 Licensing Act 1964) with conditions restricting usage of the premises for members and their guests. The usual joining restriction preventing admittance for new members until a 48-hour period had elapsed was also attached to the licence. The Licence further benefited from a Sect 68 Certificate. Allowing members and their guests, an additional hour after the ordinary permiited hours, to consume intoxicating liquor as an accompaniment to a substantial table meal. The terminal hour for the sale of intoxicating liquor was: Mon Sat 11pm & Sun 10:30pm With a 20 minute drinking up period thereafter. For persons availing themselves of the sect 68 Certificate the terminal hour for the sale of intoxicating liquor was: Mon Sat midnight & Sun 11:30pm With a 30 minute drinking up period thereafter. There was a history of non compliance with the conditions of this licence including: Permitting non members into the premises Failing to comply with the 48 hour joining rule Service of alcohol without a substantial table meal (during the operation of the sect 68 certificate) Noise nuisance Disorder. After numerous verbal and written warnings proceedings were taken to revoke the licence. On 8 th March 2001 The Licensing Justices sitting at Barnet Magistrates Court revoked the licence. Unfortunately the owner, and by this time ex licensee, Mr Parma, continued to operate the premises without a licence. Complaints from the public and offences contrary to the 1964 Licensing Act continued. This resulted in a Police Operation, whereby officers raided the premises and reported Mr Parma for having no licence. Mr Parma was duly summonsed to appear at Hendon Magistrates Court on 9 th August It is the Police contention that Mr Parma still has significant influence over these premises. He is no doubt fully aware that he would not be granted either a personal or premises licence allowing him to carry on licensable activity at these premises. It is suggested that Mr Parma will gain financially if the application is granted. The retention of the old name CELEBRATIONS and Mr Parma s links with the new application all support this.

50 I will be requesting the attendance of John Merrigan at any subsequent hearing. He is able to give direct evidence re the historical issues surrounding these premises, which are still relevant to this new application. Due to the integral construction of the premises there is no effective means of preventing the egress of noise. These premises were not purpose designed for the licensable activity required by the applicant, and the same problems as previously experienced are more than likely to occur. This will result in calls being made to the Police and officers having to be deployed to prevent a breach of the peace/disorder. The previous licence was restricted and from experience an applicant would rather have a licence granted with conditions or restrictions than no licence. Unfortunately this frequently leads to non-compliance with the licence, as it is not what the applicant wanted. Whilst Police and the Local Authority may prosecute for these offences, it is a time consuming and resource hungry exercise. If on the balance of probability the granting of such a licence is likely to undermine the licensing objectives it would be prudent not to grant a licence. The premises are unsuitable for the licensable activity required by the applicant. Had the applicant made such enquiries of the Police prior to submitting an application, Police would have been able to fully explain their concerns. Prior to submitting an application the applicant could have spoken with any of the responsible authorities to gain their views. They could also have submitted an application for a Provisional Statement prior to any work/refurbishment of the premises. From my enquiries no such approaches were made. Sect 5.47 of the Guidance to the licensing act suggests that; it may be sensible for applicants to seek the views of the key responsible authorities before formally submitting applications and having completed drafts of their own operating schedules (after considering the effect on the four licensing objectives) It has also been brought to my attention that these premises may not have the appropriate planning consent and that there is also a planning restriction preventing certain activities after a certain hour of the night. The lack of planning consent and the planning restrictions are likely to undermine the licensing objectives, in particular: The Prevention of Public Nuisance and The Prevention of Crime & Disorder May I suggest that the applicant provides documentary evidence of the planning consent and the wording of any planning restrictions. This will assist the Police and also the Licensing Sub Committee to make a properly considered decision. Provision of this information and possession of all the available facts prior to a hearing is also likely to reduce the possibility of any appeal Hopefully the Planning Department of LBB will make this information available prior to any hearing. Sections 12.1, 12.2 & 12.3 of Barnets policy may offer some further guidance and advice. Yours Sincerely, Police Sergeant Mark ALTMAN

51 ~... :.... Head of Planning & Environmental Protection Scientific Services, Environmental Health The London Borough of Barnet, Building 4, North London Business Park Oakleigh Rd South, London N11 1NP The Chair Licensing Sub Committee London Borough of Barnet contact: tel: fax: date: Ralph Haynes ral ph th June 2006 ;, Dear Sir/Madam RE:L1CENSING ACT 2003 Celebrations 100 High St Edgware HAS, I write in connection with the above premises and the licence application which was forwarded to me on 30th June This letter is a representation made by the public health and noise nuisance service being a responsible authority In accordance with Section 13.1 of the London Borough Of Barnet Licensing Policy published in January The premises are located in an area which is attached to residential properties above and to the side. Its location makes it likely that its activities will affect the residents nearby. In this service received frequent noise complaints from several residents which led to an ',abatement notice for noise nuisance served on 21 st August 1998 which was breached several times in 2000 leading to seizures of musical instruments and a high court injunction to make the offence of noise nuisance a criminal matter- it was only then the problem was resolved. I understand one of the owners of the premises has not changed. These complaints were made by the public and were not solicited in any way. I have attached witness statement and letter from David Norton the Scientific Services Team leader at the time detailing the, case as exhibit PHN/1. As a result of enquiries made by this department and visits made by officers of our out of hours service :we have witnessed a noise nuisance on at least four separate occasions, both as a result of loud "amplified music and speech and dancing. I consider that the playing of loud amplified music and loud amplified speech on the premises has the potential to cause nuisance and indeed as can be shown from our complaints received, has caused actual nuisance to residents. I 'Within the application there are no noise mitigation measures proposed such as upgrading the sound 'insulation of the premises as their seems to be only a wooden floor between the premises and flats labove and this would be significantly poorer sound insulation than are acceptable in the Current IBuilding Regulations document E. There are no noise limiters proposed to minimise the noise from live!music however because of the poor sound insulation and cultural dancing which is proposed noise Ilimiters may not be practical to use. ' I 1,1 ask that the matters detailed on the attached schedule to these representations be I~ddressed I and that compliance with ' this schedule be a condition of the licence. o..'.,.

52 ( Yours faithfully, ~~ Ralph Haynes Group Manager Scientific Services Schedule 1.lmprove the sound insulation in the whole of the party floor/ceiling above 100 High Street so it conforms with airborne and impact noise standards for party floors within Approved Document E of the current l;3uilding Regulations- 2. All the amplified loud speakers and bass speaker need to be isolated from the party walls floors and ceilings with resilient rubber anti-vibration pads. 3. Proper management of the premises systems, incoming patrons and entertainers to minimise the likelihood of noise nuisance to nearby residents 4 The premises must not have any amplified music output device situated exterior to the property. 5 The applicant I must ensure that the amplified music system in use at the premises includes a noise limiting device which: measures the sound level in the premises by use of a tamper proof device permanently sited at the premises. Such sound pressure levels are to be measured in octave band frequencies of 16,32,63, 125,250 and 500 Hz., immediately withdraws power to the amplifier in the event that preset sound levels of any or all of the individual octave bands which have previously been agreed by the Group Manager, Public Health and Nuisance at the London Borough of Barnet, are exceeded. Such levels will be based upon inaudibility in residential properties between the hours of 2300 and 0700 hours. Outside of these times noise ml,!st not be at a level which causes a nuisance. is permanently fixed in the premises and cannot be altered, bypassed or tampered with in any way. is correctly inst~lied by a competent person, being an electrician who is enrolled with NICEIC. includes electrical contact point switches fitted on all open able windows to the property. Such switches to be fitted in series in a single electrical circuit loop such that in the event of the electrical contact switches becoming separated (by a window being opened) then the power to the amplifier is withdrawn immediately. includes electrical contact point switches fitted on all open able doors which are fire doors used other than to enter or leave the premises under normal circumstances. Such switches to be fitted in series in a single electrical circuit loop together with the electrical contact switches fitted to the windows, such that in the event of the electrical contact switches becoming separated (by a fire door being opened) then the power to the amplifier is withdrawn immediately.

53 ~' STATEMENT OF WITNESS Statement of Witness (C.J.Act 1967,S.9;M.C.ACT,1980,S.102;M.C.Rules,1981,r.70) Age of Witness: (If aged over 21 say 'over 21') OlflL 2...(..~;.,. This statement, (consisting of J pages each signed by me), is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true. Dated the day of Sop ~ David Norton Specialist Services Team Leader London Borough Of Barnet states:- I have been in my post with the Borough since March 1998, when first appointed the the post was tit.led Scientific Services Team Leader. I am an Environment~l_~~th Officer holding a Bsc( Hons ) in Environmental-Sciences and qualified i~. g.., Since late November have taken over the management ofthe ongoing matter of complaints of noise from Celebrations 100 High Street Edgware. The matter had previously been dealt with by Robert Lockwood Pollution Technician a member of staff who I managed, I ~ook over as he moved to another employer. fiowever before he left I assisted in dealing with the case from time to time for example while Mr Lockwood was on leave. I made my first file notes on the matter on 11th January :1 I note from the file that complaints about noise from celebrations began on 11th. August The case was initially dealt with by Mrs Alison Patmore a Technical officer employed by the borough. She aske~ Robert Lockwood to assist as he was a specialist officer dealing with noise among other things. Following the investigation of further complaints by the councils out of hours noise service a noise abatement notice under section 80 of the environmental Protection Act 1990 was served on:nir P Parmar and Mr R Patel on 21st August I note from the fi1ethat following the service of the "notice MrLockwood visited Celebrations and discussed the matter with Mr Parmar on 10th September Discussions and complaints continued and on 5th January 1999 Mr Parmar advised that sound insulation works would be carried out. Mr Lockwood was then on leave and I managed the complaint aspect ofthe case in his absence. Given the further complaint received following discussions with the councils legal department f',:...),

54 Statement of Witness (C.J. Act1967, S.9; M.C. Act 1980, S.1021; M.C.Rules 198, r.70) CONTINUATION STATEl\1ENT OF: tjrti~ vvoh/furv. instructions were given to the out ofhours officer s to seize noise making equipment from Celebrations ifthey felt this was necessary in order to stop the nuisance. Complaints continued to be received. \ Mr Lockwood returned from leave at the beginning of February 1999 and arranged a further meeting with Mr Parmar and initial discussions then began with an acoustic consultant who had been contacted by Celebrations. Mr Lockwood then went on leave again and I wrote to Mr Parmar and Mr Patel on 17th February 1998 to ask for a copy of their letter instructing an acoustic consultant. A copy ofthe letter is exhibited at Exhibit DN1 and I would refer you to this. Following a further complaint to the Out of Hours officers on 16th February, taking enforcement action under the Environmental Protection act officers entered celebrations and stopped the noise by sei~ing some of the equipment. On 22nd February 1999 faxed confirmation was received from Celebrations that an Acoustic consultant had been engaged together with the contact details for t person. Further complaints were received and investigated. On 1st March Mr Lockwood met the consultant on site Mr Lockwood has given a statement concerning this and the events leading up to this. He has also given a statement concerning the noise survey that finally took place on 30th March 1999 when the acoustic consultant and Mr Lockwood were in attendance at the premises. Mr Lockwood records that it was agreed that only pre-recorded background music would be played at Celebrations from then on. Also that this would be reviewed once the acoustic consultants report had been received. Mr Lockwood's last file note on the matter was on 1st November he noted among other things that the report had not been received from the consultant, new tenants were moving in to 98A and bands were again playing at Celebrations. On' 29th November 1999 I received a complaint hat the new tenants were being affected by noise at celebrations. It was agreed that the complainant would ask the head tenant to telephone me. The tenant did so on 10th December I explained the previous action taken by the council and that the noise needed to be witnessed and how to contact the out of hours noise service. Subsequent complaints were then made and investigated- the contraventions ofthe abatement notice which have been witnessed in the course of these further invebtigations are of course the subject ofthis prosecution. I wrote to Mr Parma on 29th June 2000, confirming breaches of the notice on 24th February, 2nd and 21st May A copy ofthis letter is exhibited at Exhibit DN2 and I would refer you to this. Mr Parma had telephoned my colleague Martin 'Roberts who was at that time managing the out of hours noise service. As the letter sets out Mr Parma had requested the return of equipment seized on 17th February, I explained how this could be done. I asked Mr Parma to contact me concerning setting noise levels on an entertainment noise levellimitor he said he was installing. t't ~ (18&~

55 Barnet House, 1255 High Road, Wh4t;t;ne London N20 OEJ KHt~it lrj1- &A1,/J fhn/l t: (020) Doc. Ex: Hencon 'f ltyfrpalmer Felebrations I[ 00 High Street II. Edgeware II Middx I contact: tel: iax; date: our reference; your reference: Officer IYIrNorton Extn 4710 bamet@cieh.arg.uk Date 29 June 2000 Ref I IDear Mr Pa.lmer, I. E,e: Environmental Protection Act 1990 Noise From Celebrations, 100 High Street, Edgware II ]1 refer to your telephone conversation with Martin Roberts Area Manager on 13th June 2000 and *ould like to advise you as follows. II' _.~- -:;"'" - -.~,..~--_.-.., _----~-~<,~",,.., _.-"'..~,..-.-_.~.~-~..-..., ,' - ~_. ~_.. u _.,_,_. 1As YOll mow you asked about having some equipm~nt returned to you. I have discussed this.j.,ith NIT Roberts. I note that we are holding a DM 2000 Promaster Mixer which is labelled as l~aving been taken from your premises on 17th February Please send a cheque for 32 made ~ayable II to the London Borough Of Barnet, for the attention of Martin Roberts. This is our charge for II. the IDL"Cer. storage of the equipment. You can then contact me to make arrangements to collect the 'I 2. Martin Roberts advised me that you are installing an entertainment noise level limiter and J.ould like advice on setting levels. Please contact me when this unit has been installed so that this nh.attercan be discussed further. I 3!~As you mow, Officers from our out of hours service have investigated complaints ab~utnoise from your premises on 24th February, 2nd May and 21st May Statutory noise nuisances : -Jere ~ witnessed on these occasions which were in contravention of the-requirements" of the. i Environmental Protection Act Notice served on 21st August As you mow, receipt of that ' ribtice has already been confirmed. These matters will shortly be referred to the council's legal s~ction and discussed with regard to prosecution. ~.. "YIours Sincerely, II 'I. / ';[ Norton Sbentific Services Team. Leader I I I I ".. C II.iuer.:~er.lI(\'Ip.:.;n81 a er.:"!i",,,,: ::"c"",,: Ilita Dexler (Community Development).jeremy jaroszek (Resources I Brian Reynolds ISocial AHairSl Aone UOPitl (Ell'llrOnmenll "lattyn Kemoson I.EDucation and Childreol,

56 JI Statement of Witness (C.J. Act 1967, S.9; M.C. Act 1980, S.1021; M.C'Rules 198, r.70) CONTINUATION STATKMENT OF: ~~J:::. vvj ~vj, I was not contacted about any ofthe matters set out in the letter. However when officers visited celebrations on 22nd September 2000 and spoke to Mr Patel is having' witnessed a further contravention of the notice, Mr Patel is reported to have asked that a day time officer attends to set a level for the music. I was on leave at that time. In the late afternoon of 27th September 2000 I went to Celebrations 100 High Street Edgware. I noted that an A4 sized poster was displayed on the front window. This said" Every night live band from India" and gave a telephone number. I then visited the complainant and ascertained that she would be willing for me to visit 98A to set a noise level with Celebrations. I then wentto Celebrations. I spoke to MYM Patel who identified himself as the brother ofthe proprietor, the proprietor being absent. I explained that a visit had been requested to set a level for the music and I would like to arrange this for next week. I gave my telephone number so that his brother could contact me to arrange this. I asked in could see the entertainment noise levellimitor whi.ch I assumed had now been fitted the gentlemen at the premises did not know where it was and I was unclear as to whether one has been fitted. I left the area on 27th September at around 18.00hrs.

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58 ' = =-= i 11 'i II ljlhe Licensing Officer ~,uildingnumber 4 North London Business Park,1 <1akleyRoad South Lbndon N11 1NP " n.. ".,. I I. l'" _. ENVIRONMENTAL HEALTH 98A High Street Edgware Middlesex HAS 7HF r) 5 th July 2006 Ii Dear Sir J1 : Application for a Premises Licence for the sale of alcohol, late night opening and e~tertainment license at "Celebrations Restaurant Ltd" at 100 High Street, Edgware, Middlesex HAS7HF. III We the undersigned have lived in the first floor flat at 98A High Street, Edgware since A~ril 2006 and are writing to object to the granting of a Premises Licence to Celebrations Rdstaurant Ltd at 100 High Street, Edgware HAS 7HF. The reasons for our objection are asl!fo!lows: 1\. I. The Prevention of a public nuisance W~ are concerned that we will be disturbed by noise, as our flat shares a party wall with 100 High Street, Edgware. We believe that live/recorded music and the use ofa mi9rophone/loudspeaker system will be disturbing during the day and particularly so at nig'ht and in the early hours of the morning. We would like to point out that our work req:uiresus to work shifts. If the late night! early morning opening hours were to be granted to the applicant we would also be considerably disturbed by noise from 100 High Street, fror traffic parked outside and people leaving the premises. W~~.have been t~ld by?ur landlord, Mr Gerald Zeidma.n, that whe.n Ce.lebrations was previously operating dunng 1998/2001 there was considerable noise disturbance and vib~ations in the party wall caused by the sound system on the ground floor at 100 High Street. This, we are told, caused considerable distress to the tenants in the flat and we are mo~t concerned that this nuisance may happen to us. We-are also informed that in the 'I pas~, despite many complaints by previous tenants that resulted in numerous visits by environmental health officers to Celebrations at 100 High Street, the problem continued ove~a period of some years until the premises were closed down. II The!!application by Celebrations does not show any sound or vibration insulation to the property, nor does it show that the sound amplification system would have any kind of nois'blimiter. II ~I\. The prevention of crime and disorder W~ ~re told that Celebrations previously traded outside the statutory times of opening. We fear the same may happen again. -..,. 'I I I

59 1 1 \... I,., f>,. 11\ II -- I,, II 1 1 \ i 11\ Public safety The premises at 100 High Street, Edgware have only one exit, the front door. In the event 'I 9f a fire how would people escape? ',I We therefore ask the licensing officer to reject the application by Celebrations, and allow u~ to continue to live at 98A High Street, Edgware in peace and without disturbance. 1\ 11,I V6urs faithfully 'II I::, II II ". Il fl7,... r"\ -'i ~ Mr ~ Mrs Williams Oguntade ~ ~~~ Mr 1kwasi Kwarteng.-k0~ l'-~wv-,-,---:;) Mrs!rostena Abroah~ (Tenants) II' - d ' III I ',\ 1\ I, I' Il 'I 'I ENVIRONMENTAL HEALTH \I, 'I II II I> " :~ II, )..... ~

60 '-l.r'.1... Rr;~I;"/E.:D, n - I,,." '. ~. -', '. f'.' 1 ENViRONMENTAL HEALTH 67 St Margarets Road Edgware Middlesex HA89UT 'I Tp.e Licensing Officer B,~ilding Number 4 North London Business Park 1 Oakley Road South rlondon NIl 1NP!I gth July 2006 :Dear Sir JI Re Application by Celebrations Restaurant Ltd at 100 High Street, Edgware, HAS 7HF for a,. rremises License to provide regulated entertainment, sale of alcohol, and late night opening. 'I am the owner of the premises at 98 High Street, Edgware, HAS 7HF next door to the applicant ~here we share a party internal wall with a 100 High Street, Edgware. I use the storeroom at the rear to 98 High Street, and from August 1975 to January 2005 I owned and managed the phannacy I~tthis address. The pharmacy is now let by me on a lease, as is the first floor flat at 98a High Street, '~ituated above the pharmacy. IIIam writing to object to the granting of a licence to Celebrations Restaurant Ltd at 100 High Street, liedgware. If this license were to be granted I fear that the lives of my tenants would become Jintolerable and I would be unable to re-iet the premises. Ii!I My objection is for the following reasons - il The Prevention of a public nuisance!i During the period 1998 to 2001 Celebrations Club operated from 100 High Street, Edgware. During II this time my tenants living in the flat above the pharmacy suffered considerable noise nuisance, from Celebrations. Live pounding music and amplified speech also caused considerable disturbance II to me at the pharmacy, particularly when working late in the evening. Although numerous,: complaints were made to Barnet's Environmental Health department, which resulted in many visits Ii by their officers, the problem continued. Even when the premises at 100 High Street were raided by II police and noise pollution officers, and amplification equipment was seized, another band played, the next day. It took a number of years for the noise problem to cease, which only happened when " the premises were closed down. Before Celebrations opened in 1998, Mr Palmer, the owner of the premises, informed me that Celebrations had been adequately sound proofed. This was not done. Indeed every spoken amplified word could be clearly heard in my pharmacy and in the flat above, and this together with both live and recorded music being played at Celebrations, caused enormous disturbance over many years. In fact, both the police and Environmental Health Officers told me at the time that they thought it would be very difficult to sound-proof su~h an old building clearly not designed for this purpose.

61 , I Was also told in 2001 by Barnet's Environmental Health Officers that Celebrations was one of the worst cases of noise disturbance, and of total disregard for their official notices, that they had kribwn. The granting of a new license to Celebrations to allow them to play recorded or live music, us~ amplified speech on their premises and to open late into the night and the early hours of the mhrning, will again cause considerable misery to their neighbours.,i, Public safety!~,i When Celebrations were open in 1998/2001, my neighbours and I were concerned that they did not h~ve a rear fire exit; only their front door. I have recently heard from a neighbour in High Street, ~~gware that the owner of Celebrations intends to demolish my boundary wall at the rear of 98/100 High Street to provide a rear exit from their premises. This wall is on my property and there is no l.. right of way across it. " jl The prevention of crime and disorder II,I When Celebrations were last open, the premises traded considerably after the official licensing qours. Noise disturbance continued well into the early hours of the morning, with a total disregard for the official closing time. II t append to this letter a copy of a letter dated 6 th May 2001 that I wrote to the Clerk to the Licensing Justices when Celebrations last applied for a premises license. Their application was unsuccessful. I Fel~brations have. in th~past cause~ enormous dis~ess to my.tenants, neighbours and me, ~d I~,afraId the same thing WIll occur agam. No controlling mechanism seemed to work. Please reject this,'!application. IIYours faithfully!/ Gerald Zeidman II B.Pharm FRPharmS

62 .. GERALD ZEIDMAN PHARMACY 98 HIGH STREET EDGW ARE MIDDLESEX HAS 7HF Tel May 6 th 200I Clerk to the Licensing Justices Barnet Magistrates' Court 7c High Street Herts ENS Re: Application for Part IV Justices Licence at 100 High Street, Edgware to be heard on Thursday 10 th May Dear Sir I object to the granting of a Justices Licence at the above address. I am the owner of 98 High Street, Edgware where my pharmacy is on the ground floor next door to the above premises, being joined by a party wall. Since the club "Celebrations" opened some years ago we have been severely troubled by a noise nuisance from the club. Despite numerous complaints to Barnet's Environmental Health department and their action to try and stop the nuisance, it has continued. Live pounding music is being played from early evening, which has prevented me from working in my pharmacy at that time. Before the club opened some years ago and on various occasions since, I was assured by Mr Palmer the club owner, that he was taking measures to soundproof the building which has not happened. The building is not suitable for the playing of music and for sound amplification since adequate sound insulation would seem to be impossible. The notice applying for the Licence is displayed well above eye level and cannot be conveniently read by the members of the public, in fact I could only read it by using a ladder. The application states that the applicants have during the past six months carried out a trade or business at the above premises, and therefore must be party to the nuisance being caused. My tenants living above the pharmacy, at 98a High Street have suffered noise disturbance since the club opened. This has reswted in numerous visits by

63 environmental health noise officers, and other officers, to monitor and record the noise problem and to take action to try and stop the nuisance. All action taken so far has failed to stop the noise and I am concerned that the noise pollution will drive my tenants away. In conclusion, despite all requests by my tenants and I, to the owners of 100 High Street to stop their nuisance, as well as action being taken by the statutory bodies over a number of years to prevent the problem, the noise pollution still continues. The granting of the application would allow the applicants to continue to disrupt life at 98 High Street, and I therefore ask for the application to be rejected. Yours sincerely Gerald Zeidman B.Pharm FRPharmS cc :Sgt. Merigan Licensing Officer The Police Station 26 High Street BametEN55RU I

64 AGENDA ITEM: 8 Page nos Meeting eting Licensing Sub-Committee Date 3 AUGUST 2006 Subject Report of Summary Barnet Cricket Club, Barnet Lane, Barnet, Herts, EN5 2DN Democratic Services Manager/Licensing Officer This report asks the Sub-Committee to consider an application for a new 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) Vishal Seegoolam - Democratic Services (covering report) Keith Walmsley, Licensing Officer (Licensing Officer s Report) Public Underhill Enclosure 1: The Application Form Enclosure 2: Report of the Licensing Officer and Decision Sheets including Written Objections Licensing Sub-Committee Council N/A Contact for further information: Vishal Seegoolam, Democratic Services,