Decisions

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.

Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.

Earlier - Later

Decisions published

16/08/2018 - QUARTERLY PLANNING PERFORMANCE UPDATE REPORT ref: 4968    Information Only

Decision Maker: Strategic Planning Committee

Made at meeting: 16/08/2018 - Strategic Planning Committee

Decision published: 17/08/2018

Effective from: 16/08/2018

Decision:

The Committee considered the report and NOTED its contents.

 


16/08/2018 - P1242.17 - CONSULTATION RESPONSE - BEAM PARK, FORMER FORD ASSEMBLY PARK SITE, NEW ROAD RAINHAM ref: 4967    Information Only

Decision Maker: Strategic Planning Committee

Made at meeting: 16/08/2018 - Strategic Planning Committee

Decision published: 17/08/2018

Effective from: 16/08/2018

Decision:

The Committee considered the report and addendum report and RESOLVED  to agree the recommendation contained within the addendum report.

 


16/08/2018 - P1229.17 - 89-101 NEW ROAD RAINHAM - OUTLINE PLANNING APPLICATION FOR THE DEMOLITION OF ALL BUILDINGS AND REDEVELOPMENT OF THE SITE FOR RESIDENTIAL USE PROVIDING UP TO 62 UNITS WITH ANCILLARY CAR PARKING, LANDSCAPING AND ACCESS ref: 4966    Recommendations Approved

Decision Maker: Strategic Planning Committee

Made at meeting: 16/08/2018 - Strategic Planning Committee

Decision published: 17/08/2018

Effective from: 16/08/2018

Decision:

The Committee considered the report and RESOLVED to agree the recommendation to GRANT PLANNING PERMISSION subject to the prior completion of a legal agreement.

 


16/08/2018 - P1004.18 - LAND AT NEW ZEALAND WAY RAINHAM - OUTLINE APPLICATION WITH ALL MATTERS RESERVED FOR THE DEVELOPMENT OF 30 NEW UNITS OF AFFORDABLE HOUSING COMPRISING 2 BEDROOM AND 3 BEDROOM HOUSES WITH ASSOCIATED LANDSCAPING AND CAR PARKING ref: 4965    Recommendations Approved

Decision Maker: Strategic Planning Committee

Made at meeting: 16/08/2018 - Strategic Planning Committee

Decision published: 17/08/2018

Effective from: 16/08/2018

Decision:

In accordance with the public speaking arrangements the Committee was addressed by an objector with a response by the applicant’s agent.

 

The Committee was also addressed by Councillors David Durant and Michael Deon Burton.

 

The Committee considered the report and following a motion to defer consideration of the report which was lost on the Chairman’s casting vote it was RESOLVED on a vote of 4 to 4 and again on the Chairman’s casting vote to agree the recommendation to GRANT PLANNING PERMISSION subject to the conditions as set out in the report.

 

Councillors Darvill, Hawthorn, O’ Sullivan and Williamson voted against the resolution to grant planning permission.

 


16/08/2018 - DEVELOPMENT PRESENTATION - FREIGHMASTER ESTATE, COLDHARBOUR LANE RAINHAM - REDEVELOPMENT OF SITE TO PROVIDE UP TO 11 LIGHT INDUSTRIAL/INDUSTRIAL/STORAGE UNITS ref: 4964    Information Only

Decision Maker: Strategic Planning Committee

Made at meeting: 16/08/2018 - Strategic Planning Committee

Decision published: 17/08/2018

Effective from: 16/08/2018

Decision:

The Committee received a presentation from Mr James Tipping (Barton Willmore Planning & Design), Mr James Money (CMP Architects) and Mr Peter Jarman (Wrenbridge).

 

With its agreement Councillors David Durant and Jeffrey Tucker addressed the Committee.

 

Members of the Committee then questioned the presenters and raised issues for further consideration prior to submission of a planning application.

 

The main issues raised were:

 

·        Levels of car parking provision

·        Building heights

·        Ensure nearby conservation area was protected

·        Increased use of Coldharbour Lane

·        Ambitions for future leisure use in the area

·        Use of soft landscaping including planting of trees

·        Public transport links to the site

·        Use of the jetty for river transport

·        Ensure there was consultation with RSPB

·        External materials used in the building process

·        Minimise conflict of interest with conservation park over the 2nd jetty

·        Adoption status of Coldharbour Lane

·        Current Anti-Social use of roundabout at Coldharbour Lane/Ferry Lane

 

The Committee NOTED the presentation.

 

 


16/08/2018 - MINUTES ref: 4963    Information Only

Decision Maker: Strategic Planning Committee

Made at meeting: 16/08/2018 - Strategic Planning Committee

Decision published: 17/08/2018

Effective from: 16/08/2018

Decision:

The minutes of the meeting of the Committee held on 19 July 2018 were agreed as a correct record and signed by the Chairman.


16/08/2018 - DISCLOSURE OF INTERESTS ref: 4962    Information Only

Decision Maker: Strategic Planning Committee

Made at meeting: 16/08/2018 - Strategic Planning Committee

Decision published: 17/08/2018

Effective from: 16/08/2018

Decision:

There were no disclosres of interest.


13/08/2018 - Implementation of the establishment of a nursery class at Langtons Infant School- whether to proceed ref: 4961    Recommendations Approved

Decision Maker: Assistant Director for Education Services

Decision published: 13/08/2018

Effective from: 13/08/2018

Lead officer: Pooneeta Mahadeo


16/07/2018 - APPLICATION FOR A PREMISES LICENCE - BRETONS SPORTS & SOCIAL CLUB ref: 4960    For Determination

Decision Maker: Licensing Sub-Committee

Made at meeting: 16/07/2018 - Licensing Sub-Committee

Decision published: 13/08/2018

Effective from: 16/07/2018

Decision:

 

Licensing Act 2003

Notice of Decision

 

PREMISES:

Bretons Social Club

411 Rainham Road

Rainham

RM13 7LP

 

DETAILS OF APPLICATION

 

The application for a premises licencewas made by Bretons Sports & Social Club under section 17 of the Licensing Act 2003.  The application was received by Havering’s Licensing Authority on 23 May 2018.

 

 

APPLICANT

 

1.         Details of requested licensable activities

 

Details of the application

 

Provision of live and recorded music &

Provision of anything similar to live or

recorded music or performance of dance

Day

Start

Finish

Monday

 

 

Tuesday

 

 

Wednesday

 

 

Thursday

 

 

Friday

19:00

23:30

Saturday

12:00

23:30

Sunday

12:00

22:30

 

 

 

Supply of alcohol

Day

Start

Finish

Monday

 

 

Tuesday

 

 

Wednesday

 

 

Thursday

 

 

Friday

19:00

23:30

Saturday

12:00

23:30

Sunday

12:00

22:30

 

 

 

 

 

2.            Details of Representations

 

There was a representation against the application for a new premises licence from an interested person.  There were no representations against the application from responsible authorities.

 

3.            Promotion of the Licensing Objectives

 

The applicant acted in accordance with regulations 25 and 26 of the Licensing Act 2003 (Premises licenses and club premises certificates) Regulations 2005 relating the advertising of the application.  The required public notice was installed in the Yellow Advertiser on the 1 June 2018. 

 

The venue has submitted 24 Temporary Event Notices between June 2016 and March 2018. Only Environmental Health and the Police can oppose a Temporary Event Notice but nothing was received from either party on each occasion.

 

A noise complaint was received on the 3rd June 2017 from a member of the public. A letter was sent to the venue on the 7th June 2017 from Environmental Health. The case was closed on the 31st August 2017 as there was no follow up to the complaint by the resident.

 

4.     Determination of Application

 

The Licensing Officer presented the application informing the sub-committee that the premises had been granted 24 Temporary Event Notices between June 2016 and March 2018.

 

The Sub-Committee noted from the report that a noise complaint was recorded from a member of the public in June 2017 but the case was closed on 31 August 2017 as there was no follow up to the complaint by the resident.

 

In response to an enquiry the Sub-Committee was informed that clients at the premises will have 30 minutes drinking up time following the end of the operating

 

A representation was received from Jane West on behalf of Havering Council, on the grounds of Public Safety, the Prevention of Public Nuisance and the Protection of Children from Harm.  

 

During her oral representations, Ms West raised a number of concerns relating to the intensified use of the premises,  the increased risk to public safety if the licence were granted, issues relating to the lack of communication between the applicant and the Council regarding the CCTV and  fire alarms which still required the Council’s permission prior to installation.  Ms West also mentioned issues relating to the lease, health and safety, and the applicant’s failure to conduct regular checks of the fire alarms on site including problems with a deep fat fryer that had to be removed due to a safety issue. Ms West informed the sub-committee that the Council was also concerned that a noise or traffic assessment had not been undertaken which may lead to problems with a build-up of traffic, and finally the safety of  children attending the nursery on site would be compromised if the licence was granted.

The Sub-Committee also heard a response to the representations from Mr Robert Baker who attended on behalf of the applicant. He was accompanied by Peter Dyer the Treasurer of Bretons Sports & Social Club.

 

Mr Baker informed the sub-committee that he was the Chairman of the Club and he had been in the position for five years, the club had been running since 1978 and this was not a new business. It was stated that the issues relating to the fire alarm had been ongoing for 18 months. Mr Baker confirmed that he had been trying to resolve the various issues such as fire safety, however none of these related to the hall, but were in fact in relation to the Manor house.   He indicated that the hall had been running for 20 years and in the last two years had been granted 24 TENS without any problems following which they decided to apply for a premises licence.  He confirmed that a CCTV and fire alarms have been fitted, funded and maintained in respect of the car park, which was open to the public and owned by the  Council .   In addition here was a separate car park for the hall for up to 20 cars. 

 

He informed the sub-committee that cleaners were employed who worked Monday to Sunday from 6 am to ensure the premises was kept clean and safe. Regarding staff training he confirmed the staff have been running the bar for a number years and were experienced, reiterating they have had been granted 24 TENS over a period of 2 years during which time one complaint had been received which arose from another group not connected to their premises. Mr Baker informed Members that there had not been any problems with people leaving the premises on time after the events. Mr Baker ran through the types of spirits that would be sold at the bar and responded to questions from Members regarding children that may also attend these events with their families and also clarified to Members regarding the bar area. Mr Baker confirmed that in their view the car park was not managed properly by the Council which was why there were problems and did not accept these related to the events held in the hall.

 

Further questions followed from the Sub-Committee surrounding the previous TEN’s and the number of people attending the events. Mr Baker informed the sub-committee that the events were ticketed and attendees were monitored by the number of sales made, and sales were counted to ensure these did not exceed the maximum permitted numbers in the hall. The Sub-Committee also asked questions relating to the licensing times and how the applicant proposed to manage the car park.  The applicant confirmed there would be 6 committee members in attendance at each event, they normally manage the car park and will continue to do so for future events.  He also added the bar staff are primarily hired to undertake the bar work only.

 

Mr Baker estimated there would be up to about 20 cars at each event, and confirmed events other than weddings were promoted via social media using the clubs Facebook page, and that they would obtain the name and address of each attendee.  He indicated there are generally two events a year and that the Association had spent over a £100,000.00 to renovate the building.

 

Ms West raised questions for the applicant, namely whether they intended to sublet the building to which Mr Baker responded there were no plans to do so.  Further questions were asked relating to the lease and whether the company as a separate legal entity had obtained it’s own insurance. The applicant stated they would only apply for insurance if the licence was granted.

 

Finally the Sub-Committee asked Mr Baker how they intended to keep up to date with Health and Safety regulations. In response Mr Baker confirmed that a committee member had that responsibility and he provided staff with regular training updates.

 

Decision:

 

The Sub-Committee carefully considered the written representations and oral submissions made by all parties at the hearing on 16 July 2018 and the proposed conditions put forward by the applicant.  

 

In reaching their decision they considered their duty to promote the licensing objectives and had regard to the statutory guidance issued under s.182 of the Licensing Act 2003 and the Council’s up to date Licensing Policy.

 

Having considered the above, the Sub-Committee decided to grant the premises licence for the reasons as follows;  

 

The Sub-Committee carefully considered the above written/oral representations of Ms Jane West on behalf of the council.  Whilst they agreed that some of the concerns raised related to the licensing objectives, they considered they could effectively be resolved by imposing additional conditions on the licence.  Other issues raised relating to the lease and subletting of the premises were  beyond the remit of the Licensing Sub-Committee.

 

Members also considered the above submissions of the applicant Mr Baker who satisfactorily addressed a number of the issues raised during the hearing relating to car parking, fire safety, noise nuisance and the protection of children from harm.  They were satisfied that the conditions offered were tailored to the location and type of activities the applicant wished to hold at the premises, which would be effective in controlling the concerns raised.      

 

Members were satisfied that the applicant Mr Baker came across as organised and efficient in the running of their events and were content that the premises would be managed responsibly.  This coupled with stringent conditions in place would not in their view undermine the licencing objectives relating to Public Safety, the Prevention of Public Nuisance and the Protection of children from Harm.

 

Members also took into account that none of the responsible authorities had made any of their own written representations or substantiating the concerns of the representation of Ms West. Other than one previous complaint of noise nuisance which had been resolved, there was no reported history or evidence of complaints from residents of incidents arising from the premises generally.

 

Therefore the premises licence has been granted as follows:

 

 

Premises Opening and Closing Times :

 

Monday - Thursday 08:00 – 15:00

 

Friday                         08:00 – 15:00

 

Friday                         19:00 – Midnight

 

Saturday – Sunday 12:00 Noon - Midnight

 

 

Sale of Alcohol (on premises only):

 

Friday                         19:00 –  23:30

 

Saturday                    12:00 Noon – 23:30

 

Sunday                      12:00 Noon – 22.30

 

 

Provision of live and recorded music &

Provision of anything similar to live or

recorded music or performance of dance

 

 

Friday                         19:00 – 23:30

 

Saturday                    12:00 Noon – 23:30

 

Sunday                      12:00 Noon – 22:30

 

 

 

 

 

 

 

 

 

 

 

 

Conditions:

 

A CCTV system shall be installed at the premises on the following terms:

 

1

 

(i)            The CCTV shall be maintained in working condition and record the premises 24hours a day;

 

(ii)          Recordings to be retained for a minimum of 31 days and be made available to the Police or officers of the Council upon request and must be of evidential quality;

 

(iii)         The equipment will have a suitable export method i.e. CD/DVD/USB facility so that the Police can make evidential copy of the data they require, this data should be in the native file format to ensure that no image quality is lost when making the copy;

 

(iv)      If this format is nonstandard, i.e. manufacturers proprietary, then the manufacturer should supply the replay software to ensure that the video on the CD can be replayed by the Police and the Licensing Authority on a standard computer. Copies must be made available to the Police and the Licensing Authority upon request;

 

(v)         Staff working at the premises will be trained in the use of this equipment and a least one member of staff shall be present during permitted hours who can work and download CCTV if requested by a police officer or authorised officer from LBN and a log will be kept to verify this;

 

(vi)     Cameras on the entrances must capture full frame shots of the heads and shoulders of ALL people entering the premises, i.e. capable of identification;

 

(vii)        To have signs displayed in the customer area to advise that CCTV is in operation; and

 

(viii)      Should the CCTV become non-functional the Premises Licence holder/DPS shall take immediate steps to rectify the situation as soon as possible and inform the relevant licensing authority immediately.

 

(ix)         CCTV shall be maintained in good working order and be of evidential quality, shall record at all times the premises are open, recordings shall be kept for a minimum of 31 days, shall have the capability to either download that footage on to a disc or similar data transfer device and shall be produced on request of Police, Trading Standards or Council Officers.

 

(x)          The CCTV system shall be checked on a weekly basis to ensure that it is working/recording a record of this shall be recorded in the CCTV log book with the premises licence holder/DPS recording the date and time of the check. The record shall be recorded in a bound and number page book this register is to be kept on the premises at all times and made available to the Police and the authorised council officers. Full books shall be retained at the premises for a period of 12 months

 

2.         Challenge 25

 

The licensee will adopt a “Challenge 25” policy where all customers who appear to be under the age of 25 and attempt to purchase alcohol or other age-restricted products are asked for proof of their age.

 

The licensee will prominently display notices advising customers of the “Challenge 25” policy.

 

The following proofs of age are the only ones to be accepted:

(i)      Proof of age cards bearing the "Pass” hologram symbol

(ii)     UK Photo Driving licence;

(iii)     Passport     

 

  1. The licensee or DPS shall keep a register of refused sales of all age-restricted products and this will be kept in a Refusal Book.

 

3.    Refusal Book:-

 

i) The Refusals' Book shall contain details of time and date, description of the attempting purchaser, description of the age restricted products they attempted to purchase, reason why the sale was refused and the name/signature of the sales person refusing the sale.

 

ii)The Refusals Book shall be examined on a regular basis (weekly) by the licensee or DPS and date and time of each examination to be endorsed in the book. Analysis of staff refusals and data such as the time/day of refusals to be carried out by the Licensee on a regular basis in order to predict trends and identify staff training and compliance issues.

 

iii) The Refusals Book shall be kept on the licensed premises and made available for inspection by the Licensing Officer, Trading Standards or the Police at any time during licensed hours.

 

4.    Staff Training:-

 

i)The licensee / DPS shall keep a written record of all staff authorised to sell alcohol, the record to contain the full name, home address, date of birth and national insurance number of each person so authorised. The staff record will be kept on the licensed premises and made available for inspection by the Licensing Officer, Trading Standards or the Police.

 

ii)The licensee/DPS shall ensure that each member of staff authorised to sell alcohol has received adequate training on the law with regard to age restricted products and that all staff authorised to sell alcohol receive training on identifying customers who may be under the age of 25 years. All training will be properly documented and training records kept. The training records will be kept on the licensed premises and made available for inspection by the Licensing Officer, Trading Standards or the Police. The training must also cover proxy sales.

 

iii)The licensee/DPS shall ensure that each member of staff authorised to sell alcohol is fully aware of his/her responsibilities in relation to verifying a customer’s age and is able to effectively question purchasers and check evidence of proof of age.

 

iv) The licensee/DPS shall ensure that each member of staff authorised to sell alcohol is sufficiently capable and confident to confront and challenge under-25s attempting to purchase alcohol.

 

v) A register of all employees, working at the premises daily shall be maintained in writing together with their job titles, names, address and shall include the times they were on duty.  This record shall be recorded in a bound and number page book, the Premises licence holder/DPS shall endorse weekly each record with the date and time the record was endorsed.  This register is to be kept on the premises at all times and made available to the Police and the authorised council officers. Full books shall be retained at the premises for a period of 24 months

 

vi) All staff to undergo refresher staff training this is to include the conditions attached to the licence every 3 months and the training to be recorded and signed for by the employee and the DPS/Premises Licence holder. The record shall be recorded in a bound and number page book this register is to be kept on the premises at all times and made available to the Police and the authorised council officers. Full books shall be retained at the premises for a period of 24 months

 

vii) The licensee/DPS shall ensure that effective controls are in place to ensure that persons (whether staff or otherwise) who are not authorised to sell alcohol cannot do so. This would be likely to include a rota system where at least one authorised person is present at all times during licensing hours.

 

Viii) The licensee/DPS shall ensure that the training records and training includes the permitted hours in which alcohol can be sold, the conditions that are attached to this licence. The training records shall be kept in a bound and page number book.

 

ix) All staff shall be trained on the permitted times of sale of alcohol and the conditions attached to the licence

 

5. Signage:

 

Relevant signage shall be displayed by the entry / exit doors and points of service as appropriate advising customers and guests:

 

i) That Challenge 25 and CCTV are in operation;

ii) Asking customers & guests to respect residents & leave quietly, not to loiter outside and not to bang car doors, rev their engines or play loud music;

iii) Not to drop litter outside;

iv) Displaying a phone number for customers / guests needing a cab and advising that staff will call a cab for anyone needing one;

 

v) Advising of the provisions of the Licensing Act 2003 including re underage and proxy sales;

 

6 Noise Precautions:

 

i)There shall be no receipt of goods or removal of any rubbish especially glass between the hours of 20.00 and 08.00 the following day.

 

ii)) No music whether amplified or not or amplified speech may be played outside the premises at any time

 

7 External Areas/Smoking Areas:

 

i) There shall be a designated smoking area for a maximum of 20 people The area must be provided with suitable ashtrays/bins, the use of which is monitored by staff.

.

ii) All alcohol may only be served in plastic glasses and all bottles must be decanted before service in the outside area of the premises.

 

8. Fire Safety:

 

i)The Licensee/DPS shall ensure a fire risk assessment is undertaken at least 21days prior to the first event taking place at the Hall and annually thereafter, copies of the risk assessment to be kept on the premises and made available to responsible authorities upon request

 

9. Capacity, Control And Management of Customers:

 

i) The occupancy shall be restricted to 250 persons in the premises. The occupancy figure includes staff, performers and public. The Premises Licence Holder shall ensure that there are appropriate management controls to ensure that the occupancy figure is not exceeded at any time. Appropriate controls shall be put in place to ensure that the occupancy of the premises / specified areas are not exceeded at any time.

 

ii) Access to any pre-booked functions eg wedding receptions, anniversaries, birthday parties and wakes etc shall be controlled by means of a guest list provided by the hirer. In respect of wedding receptions, anniversaries etc late guests may be admitted subject to the hirer and person in charge of The Centre agreeing and that the maximum capacity permitted by the Fire Risk Assessment is not exceeded. Such events shall not be open to the general public.

 

10) No drinks or glasses shall be taken off the premises.

 

11) A personal licence holder shall be on duty at all timesduring private events e.g. weddings, parties and wakes when alcohol is being sold.

 

 

12) The Licensee/DPS shall ensure separate insurance such as Public Liability/Employers Liability insurance in respect of the hall is obtained and in place at least 28 days prior to the first event taking place and kept up to date annually thereafter

 

These conditions have been added to the premises licence as they are appropriate, justified and proportionate to promote the licensing objectives of; the Protection of Children from Harm, the Prevention of Crime and Disorder, and the Prevention of Public Nuisance and Public Safety.

 

Right of Appeal

 

Any party who has made a relevant representation 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.

 

 

 

 

 

 

 

 

 


08/08/2018 - Approval to commence tender for a tender for a shared lives service in Havering ref: 4958    Recommendations Approved

Decision Maker: Director of Children's Services

Decision published: 09/08/2018

Effective from: 08/08/2018

Lead officer: Amy Reed


09/08/2018 - Pre-tender report for the procurement of a contractor for the development of two sites at White Hart Lane. Collier Row ref: 4959    Recommendations Approved

Decision Maker: Director of Neighbourhoods

Decision published: 09/08/2018

Effective from: 09/08/2018

Lead officer: Mark Howard


08/08/2018 - Havering Community Infrastructure Levy - Draft Charging Schedule ref: 4957    Recommendations Approved

Cabinet will be asked to approve the Havering Community Infrastructure Levy Draft Charging Schedule

Decision Maker: Cabinet

Made at meeting: 08/08/2018 - Cabinet

Decision published: 08/08/2018

Effective from: 08/08/2018

Decision:

Cabinet:

 

Agreed to receive the supplementary Cabinet agenda and noted the amendments to be made to the report as detailed therein.

 

Cabinet:

 

(a)            Approved the Council’s responses to the representations submitted during the consultation in 2015 on the Preliminary Draft Charging Schedule  (Appendix 1 of the report);

 

(b)            Approved for public consultation, the following Proposed Submission documents, prior to their submission to the Secretary of State :

 

·       the Havering CIL Draft Charging Schedule (Appendix 2) as revised and updated from the Preliminary Draft Charging Schedule;

 

·       the draft Regulation 123 list (Appendix 3) ;

 

·       the procedural and evidence based documentation supporting the Draft Charging Schedule as listed below :

 

(i)              Consultation Statement following consultation on the Preliminary Draft Charging Schedule (2018) (Appendix 1)

(ii)             Infrastructure Funding Gap Report (2018) (Appendix 4)

(iii)            Viability Assessment (2018) (Appendix 5)

(iv)           Infrastructure Delivery Plan (2018) (Appendix 6)

 

(c)      Delegated authority to the Director of Neighbourhoods, following consultation with the Leader, to finalise and approve the proposed Submission documents, as set out in 1(b) (above) for submission to the Secretary of State, including to:

 

(i)              make modifications to the Submission documents arising from consultation;

 

(ii)             submit the Draft Charging Schedule, the draft Regulation 123 list, the Council’s responses to the representations submitted to the Preliminary Draft Charging Schedule, and the necessary procedural and evidence base documentation, together with any proposed modifications, to the Secretary of State;

 

(iii)            make submissions to the Examiner in support of the Submission Draft Charging Schedule (including the supporting procedural and evidence base documentation);

 

(iv)           make modifications to the Submission documents during, and as a result of, the Examination process;

 

(v)            undertake any further consultation required during the Examination ;

 

(d)      Approved the revocation of the Havering Planning Obligations Supplementary Planning Document (2013) on adoption of the CIL

 


09/07/2018 - APPLICATION FOR AN EXPEDITED PREMISES LICENCE REVIEW - HAVERING WELL PH, RUSH GREEN ROAD, ROMFORD, RM7 0QA ref: 4956    Recommendations Approved

The Director will be asked to give authority to award the contract for building works to expand the school.

 

 

Decision Maker: Licensing Sub-Committee

Made at meeting: 09/07/2018 - Licensing Sub-Committee

Decision published: 08/08/2018

Effective from: 09/07/2018

Decision:

 

Licensing Act 2003

Notice of Decision

 

PREMISES

Havering Well PH

Rush Green Road

Romford

RM7 0QA

 

DETAILS OF APPLICATION

 

Application foran expeditedpremises licencereview wasmade byon behalfof the Metropolitan Police Service under section 53A of the Licensing Act 2003.The application was received by Havering’s Licensing Authority at 15:56 on 5 July 2018.

 

APPLICANT

PC Belinda Goodwin,

On behalf of the Commissioner of the Metropolitan Police Service, Romford Police Station,

19 Main Road,Romford.

RM1 1BJ

 

1.            Details of existing licensableactivities

 

Films, Indoor sporting events

Day

Start

Finish

Monday to Thursday

10:00

23:00

Friday to Saturday

10:00

00:00

Sunday

10:00

23:00

 

Supply ofAlcohol

Day

Start

Finish

Monday to Thursday

10:00

23:00

Friday to Saturday

10:00

00:00

Sunday

10:00

23:00

 

Live Music, performance  of  dance

Day

Start

Finish

Monday to Thursday

20:00

23:00

Friday to Saturday

20:00

00:00

Sunday

20.00

23.00

 

Late NightRefreshment

Day

Start

Finish

Friday & Saturday

23:00

00:00

 

Recorded Music

Day

Start

Finish

Monday to Thursday

10:00

00:00

Friday to Saturday

10:00

23:00

Sunday

12:00

23:00

 

 

Decision:

 

The Licensing Sub-Committee considered an application by the Metropolitan Police for an Expedited Summary Review under Section 53A of the Licensing Act 2003 in respect of the premises The Havering Well public house located at Rush Green Road, Romford, RM7 0QA.

 

The premises is a local pub which has no venues in immediate vicinity and is also visited by families.   The basis of the application is that on 3 July 2018 at Havering Well Public House at approximately 2200 hours the victim entered the public house. At approximately 2310 hours the victim received a large laceration to his arm and bleeding, he walked from the pub to the forecourt of the nearby petrol station.  The ambulance service were then called.   All staff were spoken to and said they had not witnessed the incident.   The victim informed officers ‘Jay’ had done this and that a blue handled knife had caused the injury. Officers at the scene identified Jay Fleming (DPS at the time) and established that he had left the scene having been driven home by his partner Maria Summerfield who then afterwards, returned to the premises.  Ms Summerfield is also a director of the company who holds the premises licence.  Officers conducted enquiries for CCTV at the premises only to discover the hard drive was missing and the wires were still warm as if it has been recently unplugged.   Ms Summerfield was interviewed under caution and stated that the CCTV was removed two days prior to incident with water damage, and the hard drive was with a man called Steve Brown (whom the police were unable to contact despite several attempts) and denied any involvement in the assault on the victim.  When questioned at the scene by Licensing Officers PC Adam Williams and PC Michael Sear, Ms Summerfield indicated that there was a fight, the victim was aggressive and asked to leave, and had no idea what had happened.  Officers were unable to locate the blue handled knife however they were able to seize a USB of CCTV from the petrol station showing the victim with his injury being led by Ms Summerfield from the premises.  Police have interviewed Ms Summerfield under caution in relation to concerns of perverting the course of justice by driving Mr Fleming from the scene of a crime and removing the CCTV hard drive.   Mr Fleming has now been charged with section 18 GBH with intent and was remanded to appear in Court on 5 July 2018.

 

The Presenting Licensing Officer, confirmed the premises licence holder had submitted an application to transfer the DPS to Joanna Black on Monday 9 July 2018.    PC Goodwin indicated that Joanna Black was questioned by the Police as she was present at the premises on the date of the incident however Ms Joanna Black did not say anything on camera.   The Sub-Committee heard oral submissions from PC Belinda Goodwin in support of the application, Police photographs were shown of the victim’s injuries, PC Goodwin confirmed that the Police were unable to contact the CCTV engineer Steve Brown, and since Mr Fleming was charged he was remanded on conditional bail which included residing at an address in Lincoln and being excluded from entering the Borough of Havering.

 

The Licensing Sub-Committee carefully considered the application for the Expedited Review, the Computer Aided Dispatch report of the incident, photographs from the Police of the victim’s injuries and a copy of the existing premises licence (which now indicated the new DPS as Joanna Black) and the oral submissions from the Police.   In reaching their decision, the Sub-Committee had regard to the relevant Home Office ‘Summary Review Guidance on Section 53A-C of the Licensing Act 2003’. 

 

The Licensing Sub-Committee are of the view there is no alternative but to; 

 

A)   Suspend the premises licence.

 

B)   Add a new condition to the premises licence ‘Maria Summerfield and Jay Fleming are excluded from the premises at all times’.

 

The reasons are as follows;

 

·         The incident was of a serious nature in view of the severity of the  injuries caused to the victim which led to Mr Fleming being charged  with the criminal offence of Section 18 GBH was intent.

 

·         The Sub-Committee have grave concerns of the circumstances of the incident such as the removal of the CCTV evidence at the premises by Maria Summerfield,  the timing of which is suspicious, driving Mr Fleming away from the scene of a crime in her car (both actions which may amount to a separate criminal offence), the Police being unable to locate the knife at the premises,  and Ms Summerfield’s denial of the knowing what happened despite the Police confirming CCTV at the petrol station showing her leading the victim with the injury away from the premises, (with the Police also administering first aid due to blood loss).     

 

·         The Sub-Committee do not have any faith or confidence that the premises will continue to operate responsibly within the law. Although the premises licence holder has submitted an application to change DPS to Joanna Black on 9 July 2018, concerns remain she was present at the premises on the date of incident.  There are no effective management and measures already in place which is reflected by the clear breach of licence conditions for CCTV, the ambulance service directly calling the police to the scene, and at present, the CCTV hard drive for the premises is still not retrieved despite attempts to do so by the Police.

 

·         Overall there has been a clear disregard of the licensing objectives such as the prevention of crime and disorder and protection of public safety.

 

·         Since Mr Fleming and Ms Summerfield remain as tenants of the premises, in view of their recent conduct as set out above, their exclusion from the premises will act as an additional safeguard from any further incidents and allow the effective continuation of the ongoing police investigation. 

 

·         The Sub-Committee do not believe other interim steps such as further modifications of the conditions of the licence and / or exclusion of sale of alcohol would be effective in this instance. 

 

In conclusion, for the reasons set out above, this decision is proportionate and reasonable to promote the licensing objectives of the prevention of crime and disorder, protection of children from harm and the protection of public safety.

 

Right of Appeal

 

The premises licence holder may make representations within 48 hours, against the interim step to suspend the premises licence. 

 

 

 

 

 

 

 

 


01/08/2018 - APPLICATION FOR A FULL REVIEW/CLOSURE ORDER - HAVERING WELL PH ref: 4954    Redraft Awaited

Decision Maker: Licensing Sub-Committee

Made at meeting: 01/08/2018 - Licensing Sub-Committee

Decision published: 07/08/2018

Effective from: 01/08/2018

Decision:

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 3rd 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.