Agenda, decisions and minutes

Licensing Act 2003

Notice of Decision

PREMISES

Havering Well PH

Rush Green Road

Romford

RM7 0QA

LONDON BOROUGH OF HAVERING LICENSING SUB-COMMITTEE

EXCLUSION OF PRESS AND PUBLIC

Decision

The Licensing Sub-Committee made the decision to exclude the public from the hearing.

Reasons

The licensing Sub-Committee had regard to s.14 of the Licensing Act 2003 and also noted the Access to Information Procedure Rules in Part 4 of the London Borough of Havering Constitution regarding exempt information.

In particular, the Sub-Committee was mindful of the possibility of further legal action regarding the incident at the premises on the 3^rd July 2018.

The Sub-Committee was concerned that there should be no prejudice of any future legal action and therefore, in accordance with s.14(2) of the Licensing Act 2003, the Sub-Committee decided to exclude the public including the press from the hearing as it considered that the public interest in so doing outweighed the public interest in the hearing taking place in public.

FULL REVIEW DECISION

Revocation of the Premises Licence.

Right of Appeal

Any party to the decision or anyone who has made a relevant representation [including a responsible authority or interested party] in relation to the application may appeal to the Magistrates’ Court within 21 days of notification of the decision.  On appeal, the Magistrates’ Court may:

1.   dismiss the appeal; or

2.   substitute the decision for another decision which could have been made by the Sub Committee; or

3.   remit the case to the Sub Committee to dispose of it in accordance with the direction of the Court; and

4.   make an order for costs as it sees fit.

Premises

Havering Well Public House

Rush Green Road

Romford

RM7 0QA

Details

The Havering Well Public House was located at the junction of Rush Green Road and Dagenham Road.  The immediate vicinity is mixed commercial and residential properties.

A s.53A application for an expedited review was submitted on the 5 July 2018 by PC Goodwin on behalf of the Metropolitan Police.  The application was certified by a Chief Superintendent.  The expedited review application was prompted by an incident which occurred at the premises on the 3 July 2018 at which the Police were in attendance.

An appropriately worded public notice advertising the application was placed at the premises on the 6 July 2018, at Havering Town Hall’s public notice board and on Havering’s website.

On the 4 July 2018, the day before the s.53A expedited review application was submitted, the premises licence holder submitted an applicaton to vary the premises licence under the provisions of s.34 of the Act.  This application was to add a series of Police approved conditions to the licence. 

On the 9 July 2018, the Licensing Authority received an application to replace the current Designated Premises Supervisor further to Police input.  The Designated Premises Supervisor to be replaced was the individual alleged to have carried out the incident which prompted the s.53A review application.

In response to the s.53A expedited review application’s submission an interim hearing was heard on the 9 July 2018.  Subsequent to Police representation the Licensing Sub-Committee chose to add a condition to the licence excluding two named individuals from the premises and then to suspend the licence.

On the 10 July 2018, the Metropolitan Police obtained a Closure Order from Barkingside Magistrate’s Court under the provisions of s.80 of the Anti-Social Behaivour, Crime & Policing Act 2014.  This Closure Order indicated that one of the aforementioined named individuals Havering had excluded from the premises may attend the premises.  The Licensing Authority’s receipt fo the Closure order initiated a second review hearing under the provisions of s. 167 pf the Act which commenced on the 11 July 2018.

The premises licence holder made representation to the Licensing Authority  against Havering’s Licensing Sub-Committees interim decision at a second interim hearing held on the 17 July 2018.  The outcome of the second interim hearing was that the condition added ot the licence further to the named individuals was withdrawn. 

1.    Details of Representations

There was one representation made in support of this application made by the premises’ freeholder.

There were no representations in support of or against the application made by any responsible authority.

2.    Determination of Application

The Licensing Sub-Committee had regard to s.14 of the Licensing Act 2003 and also noted the Access to Information Procedure Rules in Part 4 of the London Borough of Havering Constitution regarding exempt information.

In particular, the Sub-Committee was mindful of the possibility of a criminal trial being held regarding the incident at the premises on the 3 July 2018.

The Sub-Committee was concerned that there should be  ...  view the full minutes text for item 1.