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Items
No. Item

2.

TEMPORARY EVENT NOTICE - SOUL 2 SOUL pdf icon PDF 437 KB

Application for a Temporary Event Notice made by Mr Walter Ojukwu under section 100 of the Licensing Act 2003 - Soul 2 Soul, 17 Station Parade Elm Park RM12 5AB

 

Decision:

 

Licensing Act 2003

Notice of Decision

 

 

PREMISES

Soul 2 Soul

17 Station Parade

Elm Park

RM12 5AB

 

APPLICANT

Mr Walter Ojukwu

Soul 2 Soul

17 Station Parade

Elm Park

RM12 5AB

 

1.    Details of Application

 

Soul 2 Soul Restaurant is located in Elm Park in a ground floor purpose built parade of commercial outlets.  There is a premises licence in force at this restaurant.  Residential properties occupy the floors above the commercial outlets.

 

The temporary event Notice (TEN) provided notification that on 26 May 2017, Mr Walter Ojukwu intends to supply alcohol, provide regulated entertainment and provide late night refreshment from 23:00 to 02:00 the day following for a private birthday celebration at the Soul 2 Soul premises.

 

 

Observations

 

The role of the Licensing Sub-Committee with regards to an opposed TEN governed by the Act. 105(2)(a) requires that the licensing authority hold a hearing unless all parties agree that it is unnecessary.

 

The Licensing Sub-Committee is empowered by the provisions of s.105(2) to approve the TEN as submitted or to prevent the TEN’s commencement by giving the premises user a counter notice if it considers it appropriate for the promotion of a licensing objective to do so.

 

If the Licensing Sub-Committee is inclined not to approve the TEN as submitted but is also not inclined to issue a counter notice under the provisions of s.105(2) it may impose one or more conditions on the TEN via the provisions of s.106A(2)(b) but only if those conditions are also imposed on a premises licence that has effect in respect of the same premises as the TEN.

 

2.    Grounds of Objection

 

On behalf of the Metropolitan Police PC Oisin Daly submitted an objection notice against the TEN under the authority of s.104(2) of the Act.  PC Daly’s objection notice expresses concerns further to the prevention of crime and disorder and the prevention of public nuisance.

 

At the hearing PC Daly informed the Sub-Committee that earlier today he had served the applicant with an additional evidence that the Police would be requesting the Sub-Committee to take into consideration. The Sub-Committee admitted a requested to reiterated his representations and

 

3.    Details of Representations

 

PC Oisin Daly reiterated his written objection against the application. He stated that:

 

The likely effect of granting the TEN was detrimental to the Licensing Objectives for the reasons indicated below.

1.      the prevention of crime and disorder,

2.      prevention of public nuisance

That the applicant, a personal licence holder should be aware of his responsibilities under the Licensing Act.  That whilst Mr Ojukwu was a DPS in Waltham Forest, he was warned by the Local Police Licensing officers when he was operating a premises outside his licensable hours, trading until 4am when the venue should have been closed by midnight. 

 

PC Daly was of the view that the incident raised questions as to whether the event proposed would be managed in a fashion that will ensure that levels of intoxication are minimized and patrons supervised to  ...  view the full decision text for item 2.

Minutes:

 

PREMISES

Soul 2 Soul

17 Station Parade

Elm Park

RM12 5AB

 

APPLICANT

Mr Walter Ojukwu

Soul 2 Soul

17 Station Parade

Elm Park

RM12 5AB

 

1.    Details of Application

 

Soul 2 Soul Restaurant is located in Elm Park in a ground floor purpose built parade of commercial outlets.  There is a premises licence in force at this restaurant.  Residential properties occupy the floors above the commercial outlets.

 

The temporary event Notice (TEN) provided notification that on 26 May 2017, Mr Walter Ojukwu intends to supply alcohol, provide regulated entertainment and provide late night refreshment from 23:00 to 02:00 the day following for a private birthday celebration at the Soul 2 Soul premises.

 

 

Observations

 

The role of the Licensing Sub-Committee with regards to an opposed TEN governed by the Act. 105(2)(a) requires that the licensing authority hold a hearing unless all parties agree that it is unnecessary.

 

The Licensing Sub-Committee is empowered by the provisions of s.105(2) to approve the TEN as submitted or to prevent the TEN’s commencement by giving the premises user a counter notice if it considers it appropriate for the promotion of a licensing objective to do so.

 

If the Licensing Sub-Committee is inclined not to approve the TEN as submitted but is also not inclined to issue a counter notice under the provisions of s.105(2) it may impose one or more conditions on the TEN via the provisions of s.106A(2)(b) but only if those conditions are also imposed on a premises licence that has effect in respect of the same premises as the TEN.

 

2.    Grounds of Objection

 

On behalf of the Metropolitan Police PC Oisin Daly submitted an objection notice against the TEN under the authority of s.104(2) of the Act.  PC Daly’s objection notice expresses concerns further to the prevention of crime and disorder and the prevention of public nuisance.

 

At the hearing PC Daly informed the Sub-Committee that earlier today he had served the applicant with an additional evidence that the Police would be requesting the Sub-Committee to take into consideration. The Sub-Committee admitted a requested to reiterated his representations and

 

3.    Details of Representations

 

PC Oisin Daly reiterated his written objection against the application. He stated that:

 

The likely effect of granting the TEN was detrimental to the Licensing Objectives for the reasons indicated below.

1.      the prevention of crime and disorder,

2.      prevention of public nuisance

That the applicant, a personal licence holder should be aware of his responsibilities under the Licensing Act.  That whilst Mr Ojukwu was a DPS in Waltham Forest, he was warned by the Local Police Licensing officers when he was operating a premises outside his licensable hours, trading until 4am when the venue should have been closed by midnight. 

 

PC Daly was of the view that the incident raised questions as to whether the event proposed would be managed in a fashion that will ensure that levels of intoxication are minimized and patrons supervised to prevent any bad behaviour. The event  ...  view the full minutes text for item 2.