Agenda item

Unit B, 118 Westbourne Grove, W11

17/08504/LITENN (Temporary Event Notice)

Proposal: The sale by retail of alcohol (off)

Event Period:      10:00 on 27^th August to 21:00 on 28^th August 2017

Decision:

The Sub-Committee determined that the Licensing Authority would issue a counter notice to the Premises User, in accordance with Section 105 of the Licensing Act 2003.

The Sub-Committee had received a report which indicated that the Premises User had been notified of Environmental Health’s and the Metropolitan Police’s objections to the Temporary Event Notice.  Whilst Mr Zainudini, the Premises User, had provided some information about the event such as advising Mrs Fabbricatore that he would be selling alcohol for consumption off the premises from an area of private forecourt in front of his café, he had not addressed a number of the Responsible Authorities’ concerns.  They had therefore maintained their objections to the Temporary Event Notice (‘TEN’).  The objections included not providing an Event Management Plan which had been requested by Environmental Health and the Police and continuing to seek a terminal hour for off-sales of 21:00 on Sunday 27 August and Monday 28 August 2017. 

Mrs Fabbricatore and PC Lewis explained to the Sub-Committee that they were making strong representations to all those who submitted TENs that they provide an Event Management Plan and also that they comply with licensable activities ceasing at the same time as the closing time of 19:00 for the Carnival across the Bank Holiday weekend. 

The Sub-Committee noted that the Premises User had applied for and operated Temporary Event Notices at the premises during Notting Hill Carnival in previous years.  However, the Premises User had not been forthcoming in responding to the security and public safety concerns of the Responsible Authorities.  There was evidence in the report that Mr Zainudini had made a decision not to attend the Licensing Sub-Committee hearing and he chose not to represent himself or be represented at the hearing despite the concerns about the TEN.  The Licensing Service informed the Sub-Committee that he had been advised of the hearing on Friday 4 August.  The Sub-Committee considered that a hearing would have been a good opportunity for Mr Zainudini to fully appreciate the level of concerns and assess these concerns accordingly.

The Sub-Committee decided in determining that the Licensing Authority would issue a counter notice that it was necessary for Mr Zainudini to provide the correct documentation including the Event Management Plan and that in the event that the documentation was satisfactory to the Responsible Authorities, he then reduced the terminal hour for licensable activities to 19:00 on both 27 and 28 August 2017.  It was also noted that the TEN presented to the Sub-Committee did not correctly identify the specific dates and times when the licensable activities were going to take place. As drafted it would have permitted licensable activities to take place between 21:00 hours on the Sunday evening and 10:00 hours on the Monday morning which was clearly unacceptable. The Sub-Committee did not have the power to amend the hours stated on the TEN. The Sub-Committee took into account that the Carnival presents a huge operational challenge for the Responsible Authorities and their request for a full Event Management Plan reflected heightened security and public safety, including crowd management, concerns.

The Sub-Committee had given consideration to whether the hearing should be adjourned given that Mr Zainudini was not present.  However, Members decided that this was not an appropriate step as Mr Zainudini had clearly chosen not to attend and there was no indication that he would do so at a future date.  Also there was a limited timeframe for TENs to be heard prior to the Notting Hill Carnival. Mr Zainudini might still have the opportunity to submit a late TEN but he would need to ensure that both the Police and Environmental Health Service were content with the notice in all respects (including the hours specified for licensable activities to take place and the provision of an acceptable Event Management Plan) as any objection to a late TEN would mean that the event could not take place.