Decisions

Cabinet will be asked to approve the Social Care Case management System Procurement.

The Cabinet Lead Member for Adult Social Care, Councillor Wendy Brice-Thompson presented the report to Cabinet, detailing the proposed replacement Social care System.  This will underpin improved social care practice, operational processes and case management.  The current supplier announced it would be leaving the market by 2020 and so a new award is Ofsted critical.  The background to the current position was outlined.  The existing system had been heavily criticised by Ofsted in an inspection of Children’s Services and as the contract was due to expire a full tendering exercise was required which is detailed fully within the report presented.

 

Cabinet agreed an amendment to the recommendations represented in paragraph 4 below to give the correct title to the Cabinet Member and:

 

1.               Approved the project implementation revenue budget of £3.348m (including supplier costs), to be financed from the Transformation Reserve.

2.               Approved the award of contract for the supply and operation of an adults and children’s social care case management system to the successful tenderer for a period of five years plus an option to extend for a further two years from 1^st December 2017 at a total cost of £1.803m.

 

3.               Noted that the Council will incur contracted annual costs of operation totalling £0.725m over the period of the contract in respect of maintenance and hosting. These costs will be met from social services base budgets

 

4.               Delegated to the Chief Operating officer, in consultation with the Lead Member for Financial Management, Transformation and IT, the authority to enter into a contract with Supplier A for the provision of a fully hosted case management system. 

 

The report before Cabinet introduced by the Leader, Councillor Roger Ramsey detailed the regeneration of Bridge Close and the approval sought to establish a Limited Liability Partnership to deliver the scheme which will include a school, health centre and affordable housing.

 

The objective is to secure comprehensive regeneration in an area which currently consists of poor dated housing and light industrial units.  The site is bordered by the River Rom to the east and the railway to the north.  The ring road is on both other sides and this has created an island effect. The east west link in particular will benefit the regeneration of the whole of west Romford.

 

A number of options for the regeneration have been considered.  The proposed JV LLP will be set up for the specific purpose of developing the Bridge Close site to meet the Council’s regeneration objectives.  The London Borough of Havering and First Base BCR will each have a 50% membership with the Council retaining the freehold of the entire site.

 

It is anticipated that a planning application will be submitted mid-2018.  The key outcomes based on current modelling are envisaged to be:

 

·   1,070 new homes (including at least 30% affordable homes);

·   a 3 form entry primary school;

·   a local health facility;

·   commercial floor space, likely to be flexible workspace and small retail/ leisure;

·   a new pedestrian and cycle bridge from Bridge Close to near Romford station;

·   environmental improvements to the River Rom; and

·   a site of religious worship (on or off-site). 

·   Support to the provision of ambulance service facilities to serve the Havering area.

This will form an important part of the masterplan to regenerate central Romford and generate much needed housing.

 

As well as being an investor, First Base Limited will provide project and developmental management services to the JV LLP via the Development Management Agreement.

 

 The business will be brought to Cabinet for approval each year and Saville’s will provide a guarantee in respect of First Base.  Compulsory purchase will be invoked and will give rise to a very generous compensation package and officers will now move to finalise this.

 

The legal and financial framework will go to Council in February, 2018.

 

Following discussion,

 

Cabinet:
 

1. Approved the inclusion of the scheme with a budget of £75.1m within the proposed capital programme that will be considered by Cabinet in December 2017 and recommended to Council for final approval in February 2018.

 

2. Noted that a further report addressing the governance framework and staff resources required to develop and deliver the Bridge Close scheme and other economic development schemes will be presented for consideration and approval by Cabinet in December 2017.

 

3. Authorised the Head of Procurement to publish a Voluntary Ex Ante Transparency notice in the Official Journal of the European Union in respect of the appointment of First Base Bridge Close Regeneration LLP as development partner 

 

4. Agreed to waive the Contract Procedure Rules and Contract Standing orders to the extent necessary to give effect to these decisions.

 

Subject to the approval of the required budget and funding at recommendation 1 above, that Cabinet:

 

5. Agreed to establish a Limited Liability Partnership for the purpose of meeting the Council’s regeneration objectives for Bridge Close by entering into a Members’ Agreement with First Base Bridge Close Regeneration LLP (company registration number OC413480 (and called FB BCR LLP)) on the basis of the appended Business Case and the Legal Summary appended to the exempt agenda report. 

 

6. Delegated to the Leader, after consultation with the Deputy Leader and Director of Neighbourhoods, the authority  to agree the name of the JV LLP, negotiate the final detailed terms of the agreements being entered into, and authority to agree that the Council enter into the following agreements:

·       Members’ Agreement;

·       Land Agreement;

·       CPO Indemnity Agreement;

·       Any ancillary agreements or documents necessary to give effect to the setting up of the JV LLP in accordance with this Report and its appendices (all as described in the Legal Summary appended to the exempt agenda report).

 

7. Authorised the JV LLP to enter into the Development Management Agreement with First Base Ltd (company registration number 04541136) when in agreed form.

 

8. Delegated to the Leader, after consultation with the Director of Neighbourhoods, authority to agree the terms of the Development Management Agreement referred to in recommendation 7 on behalf of the Council as Member of the JV LLP established in accordance with recommendation 5.

 

9. Delegated to the Leader, after consultation with the Director of Neighbourhoods, authority to approve the first Business Plan of the JV LLP on behalf of the Council.

 

10. Delegated to the Deputy Leader, after consultation with the Director of Neighbourhoods, authority to approve the consultation and communication plans for the regeneration of Bridge Close.

 

 

Cabinet will be asked to:

1. note the progress made under the new contract with SLM
2. note the updated financial implications
3. approve the investment (previously agreed by Cabinet in July 2016) in Central Park Leisure Centre and the new build Hornchurch Centre to be referred to Council for inclusion in the capital programme

 

Councillor Melvin Wallace, Cabinet Lead member for Culture and Community Engagement detailed the report to Cabinet.  In 2016 Cabinet agreed to award the Council’s Sports and Leisure Management Contract for a period of 20 years, from 1^st October, 2016, to Sport and Leisure Management Ltd.

 

This award of contract included investment in new health and fitness facilities at Central Park Leisure centre, the building of a new Hornchurch Sports Centre the operation of the new Sapphire Ice and Leisure and delegated responsibilities to Officers to negotiate a variation to the contract for the operation of Chafford Sports Complex subject to the costs to the Council being mitigated as far as possible. This also included future investment in the Noak Hill Sports centre as a part of the overall contract.

 

The contract was awarded following a full competitive tendering process.  The new state of the art provision will generate a profit to the benefit of Havering Council Tax payers.

 

The report before Cabinet updated Members of the progress made during the first year of this contract and the resulting financial implications.  The budget report will be before Cabinet again as an update in December, 2017 and approval will be sought at Council next week.

 

 

Cabinet:

 

1. Noted the progress made under the new contract with SLM;

 

2. Noted the updated revenue financial implications, for inclusion in the Medium Term Financial Strategy;

 

3. Noted that whilst the capital investment is planned to be  financed from borrowing, the capital financing costs will be met in full from the net savings to be realised across the lifespan of the contract within the leisure service budget;

 

4. Approved a contribution of £2.111m from the Business Risk Reserve to set up an earmarked Leisure Contract Reserve that will be utilised to support the financial performance of the service until business maturity is achieved in 2023/24;

 

5. Agreed that all budget virements to and from Leisure Services budgets will be subject to approval by the s151 Officer or their representative for the duration of the contract to ensure the integrity of the overall financial model is maintained.

 

6. Will recommend to Council that the capital expenditure and proposed financing as set out within the Exempt Appendix Financial Implications in Table 5 in the report, is approved for inclusion within the Approved Capital Programme.

 

Cabinet will be asked to approve the refresh of the HRA Business Plan.  The report will also advise Cabinet of the financial impact of the regeneration proposals for the delivery of new affordable homes for local people.

 

The Cabinet Lead Member for Housing, Councillor Damien White presented the HRA Business Plan Review to Cabinet.

 

The report detailed the mid-year review of the HRA Business Plan and the impact of the provision of new affordable homes through regeneration schemes in Havering. It takes account of the clarified position on rent setting which had been announced recently, that rents can increase by CPI plus 1% for the five years after the four years of 1% reduction from 2020/21.  This will increase income to the HRA by £15 million over ten years from the position considered in the February budget setting report.

 

The report identifies the budget provisions available to support the provision of truly affordable homes for Havering residents.  Resources are available to build and or acquire new affordable homes over the next 15 years.

 

Provision has been made for the 12 Estates Regeneration Scheme of around £145 million to provide more affordable homes managed by the Council on existing estates. The aspiration is to increase the level of affordable properties available for rent by over 30% on the new developments.  It is anticipated that more than 300 low cost home ownership properties will be delivered on those estates which will affect a 50% increase in the number of affordable homes on those estates.  These homes will be at rent and shared ownership levels that local people can afford on local wages.

 

£55 million has been identified for delivering affordable housing for other regeneration projects in the Borough thus increasing local provision for residents even further.

 

Further allocations will form the subject of future Cabinet reports.

 

It was further proposed to allocate RTB receipts to the regeneration buyback programme as this has been significantly oversubscribed by people wishing to sell their properties back to the Council.

 

Following discussion,

 

Cabinet:

 

1.              Approved the update of the Housing Revenue Account Business Plan as detailed in Appendix 3a of the report. 

 

2.       Noted the implications of the housing estate regeneration and other regeneration opportunities on the HRA Business Plan.

 

3.       Approved the allocation of £3.360 million of HRA 1-4-1 Right to Buy receipts to fund the estates renewal buyback programme. This will be used to accelerate the estates buyback programme whilst maintaining a neutral effect on the HRA.

 

4.       Instructed officers to report back to Cabinet, within twelve months, with a review of the Allocations Policy and Local Lettings Plan, including eligibility criteria for affordable low cost home ownership properties and rent levels for affordable rent properties.

 

 

 

Cabinet will be asked to approve the Mercury Land Holding Business Plan.

 

 

The Cabinet Lead Member for the Housing Development Company and oneSource Management, Councillor Ron Ower, introduced the report to Cabinet.  Thanks were given to the hard work of officers for what has amounted to a huge project producing the MLH Business Plan for 2017.

 

MLH aims to provide a long term revenue stream as a return on investment to the Council.  Since the inception of the property company a 65 unit scheme, Cathedral Court, has generated significant revenue for Havering.  The objectives for the company remain the same and will ensure a mix of housing provision best suited to the needs of Havering.

 

It was noted that this was a very encouraging report and following general discussion,

 

Cabinet:

 

1.               Agreed that the Leader of the Council after consultation with the Cabinet Member for Housing Company Development & oneSource Management, Director of Legal and Governance, the s151 Officer and the Director of Neighbourhoods and following completion of all due diligence will review and approve the detailed business plan and viability assessments relating to individual schemes within the business plan to enable them to proceed.

 

2.       Agreed in principle to provide further capital funding to MLH up to a maximum of £58.45m in respect of North Street and Quarles projects through a combination of equity investment and state aid compliant loans. This expenditure to be met from the capital budget for Regeneration and Development within the Approved Capital Programme to be funded from prudential borrowing.

 

3.       Noted the estimated gross income, capital financing costs and net income to be generated for the Council in relation to delivery of the MLH business plan as set out in section 7 of this report; and that subject to completion of due diligence, these sums will be used to update the MTFS prior to 2018/19 budget setting in February 2018.

 

4.       Agreed that the Leader of the Council after consultation with the Cabinet Member for Housing Company Development & oneSource Management, the Director of Legal and Governance and the s151 Officer will agree the Heads of Terms of all loan agreements. 

 

5.       Agreed that the negotiation and finalisation of the loan agreements, provided they are broadly consistent with the Heads of Terms, and the decision to release funding subject to satisfactory financial due diligence,  be delegated to the Section 151 officer in consultation with the Director of Legal and Governance.

 

6.       Agreed in principle to the disposal of assets (land/buildings) to MLH for best consideration except where it is possible for the Council to accept less than best consideration in which case the sum to be paid will be not less than market rate and delegate to the Director of Neighbourhoods, following consultation with the Director of Asset Management, the Director of Legal and Governance, and the Section 151 officer, authority to determine the principles and processes by which the said assets shall be disposed of and the terms of disposal.

 

7.       Delegated to the Leader of the Council following after consultation with Cabinet Member for Housing Development Company & oneSource Management after consultation with Director of Neighbourhoods and the s151 Officer, the exercising of the Council’s rights as shareholder to give effect to the above recommendations.

 

8.       Agreed that the Council as a shareholder of MLH to the following changes to MLH’s Board so it consists of the following Council officers, as well as an external unconnected individual who has relevant experience in the house building sector, alongside MLH’s own staff:

 

a.     Mercury Land Holdings Development Manager

b.     Mercury Land Holdings Project Manager

c.     Mercury Land Holdings Finance Officer

d.     Chief Executive London Borough of Havering (Managing Director of MLH)

e.     Head of Property Services, oneSource.

f.      Independent expert with experience in the sector

 

 

 

 

The Director of Children’s Services will be asked to give authority to award the contract for 1FE expansion including negotiation for a further 1FE expansion.

Report AGREED without division.

Councillor Philippa Crowder elected as Chairman of the Governance Committee by 29 votes to 18.

Report AGREED by 41 votes to 1.

Report AGREED by 43 votes to 0.

A.   METROPLOITAN POLICE FUNDING

 

Amendment by Conservative Group CARRIED by 42 votes to 6 and AGREED as substantive motion without division.

 

B.   REVIEW OF GAMING MACHNES

 

Motion by Conservative Group AGREED unanimously, without division.

15 questions replied to.

Petitions presented by Councillors Ower, Wise, O’Flynn and Tucker.

Personal interests disclosed by Councillors Philippa Crowder and Morgon as potential beneficiaries of a Special Responsibility Allowance as nominees for the position of Chairman of the Governance Committee.

Minutes AGREED as a correct record.

Received from Councillors Donald, Kelly and Wilkes.

Licensing Act 2003

Notice of Decision

 

PREMISES:

The Bell Inn

Broadway, Rainham

RM13 9YW

 

DETAILS OF APPLICATION

 

The application for a Summary Review of the Premises Licence was made by PC Oisin Daly on behalf of the Metropolitan Police, under section 53A of the Licensing Act 2003.  The application was received by Havering Licensing Authority at 13:00 on 25 October 2017.

 

APPLICANT

 

PC Oisin Daly

Romford Police Station

Main Road, Romford

RMI 3BJ

 

1.              Details of existing licensableactivities

 

The venue had a Premises Licence number 001561 which permitted the sale of alcohol - Monday to Sunday – 11.00 to 23.00

 

The current licence holder at the premises was Miss Sharon Elizabeth Rogers.

 

 

2.              Grounds forReview

 

The application for the premises licence review had been served under section 53A of the Licensing Act 2003 following the wounding of two individuals in an altercation at the Bell Inn.

 

A certificate under section 53A(1)(b) of the Licensing Act 2003 was signed by Superintendent Sean Wilson. It was his opinion that the premises were associated with serious crime or serious disorder, or both.

 

An expedited summary review hearing had taken place on 27 October 2017 having considered the information presented to them by the police and in light of the serious danger of the weapons involved, the credible risk of retaliation, the Sub-Committee determined it was necessary to suspend the licence.

 

An appeal hearing had been heard on 3 November 2017. Ms Rogers attended and was represented by Counsel. She also submitted a witness statement dated 2 November 2017. Her Counsel made detailed submissions to the Sub-Committee. He answered questions on her behalf.

 

In light of the serious danger of the weapons involved, the credible risk of retaliation against the pub, not just the individual now in custody, the Sub-Committee determined it was necessary to continue the suspension of the licence. Having considered the Representations made by Ms Rogers, the Sub-Committee did not consider there were any conditions at present that could be made to allow for the lifting of the suspension. In considering the proportionality of their decision, the Sub-Committee considered that the Review of the licence would be undertaken by 22 November 2017.

 

3.               Details of Representation

 

Metropolitan Police

 

The police’s legal representative reiterated the points raised at the two previous hearings.

 

The CCTV footage had shown the following events taking place:

 

·       The suspect, and his associates.

·       The licence holder, Ms Rogers

·       The victims of the assaults

·       Open supplying and snorting of what appeared to be cocaine

·       The brandishing of an asp and a firearm by the suspect

·       The victim coming into view of the CCTV from having been assaulted outside (he was wearing no shoes)

·       Injury to a victim who was handed some white paper towel from behind the bar to clean himself

·       The victim was then assaulted again by the suspect seemingly with the asp

·       The suspect holding the asp in one hand and the firearm in another

·       The taking of the firearm to somewhere else in the pub and then being concealed within what appeared to be the same white paper from the pub

·       The removal of the samurai sword to somewhere else in the pub when it had just been used to wound someone

 

The legal representative advised that the police had serious concerns about the management of the premises and believed that there had been serious failings of the promotion of the licensing objectives.

 

The Sub-Committee was also advised that the police had previously had concerns regarding the CCTV equipment that was installed on the premises.

 

The legal representative also advised that Ms Rogers had not put forward any interim measures or put forward an alternative DPS to the police.

 

 

Health & Safety

 

John Giles of the London Borough of Havering’s Health and Safety team made a representation under the Public safety and Prevention of crime and disorder licensing objectives.

 

Mr Giles was not present at the hearing.

 

Children & Young People’s Services

 

Lisa Kennedy of the London Borough of Havering’s Safeguarding & Service Standards Unit made a representation under the Prevention of harm to children, Prevention of crime & disorder and Public safety licensing objectives

 

Ms Kennedy was not present at the hearing.

 

4.               Response from the Premises Licence holder

 

Mr Hopkins, representing the licence holder, advised that Ms Rogers would be continuing with her statement dated the 2 November 2017.

 

Mr Hopkins advised that his client categorically denied that the firearm had been stored in the safe of the premises.

 

Mr Hopkins also advised that his client had dealt with the incident involving the sword and the corrosive liquid in a poor manner and should have made contact with the police at the time.

 

Ms Rogers had accepted that it was a serious incident that had taken place on 19 October 2017 and that the police should have been involved from the outset.

 

Mr Hopkins advised that additional CCTV cameras had now been installed at the premises which offered 31 day storage and the licence holder was happy to let the police inspect the new set up.

 

Mr Hopkins also advised that the licence holder was willing to offer a number of measures to support her going forward including the provision of SIA trained door staff on weekend evenings, additional conditions relating to CCTV, update of drug/weapon policies, dispersal policy and an updated incident book.

 

The Sub-Committee was also advised that Ms Rogers’ partner was a SIA trained door supervisor and that he would be able to spend more time at the premises.

 

5.               Determination of Application

 

At the outset of the hearing, Mr Hopkins on behalf of the licence holder made an application to exclude the CCTV evidence. He did so on the basis that it had not been served in good time as he had not been able to view it, the disc that was served being corrupted. It was noted by the Chairman that Ms Rodgers had viewed the footage at a previous hearing. Upon the Chairman indicating that Mr Hopkins would be given time at the outset of the hearing to view the footage, he did not persist in his application and took the opportunity to view the footage prior to commencement of the hearing. He was afforded 40 minutes to do so.

 

The Sub-Committee determined the application for a review of the premises licence in accordance with the provisions of the Licensing Act 2003 and considered the matter with a view to promoting the licensing objectives. In making its decision the Sub-Committee had regard to the Guidance issued under section 182 of the 2003 Act and the local authority’s licensing policy. In addition, the Sub-Committee took account of its obligations under section 17 of the Crime and Disorder Act 1998.

 

The Sub-Committee was mindful of the need to reach a decision that was appropriate, proportionate and justified on the evidence.

 

The Sub-Committee listened carefully to the submissions made by all parties.

 

The licence holder accepted that there has been a failure to uphold the licensing objectives on this occasion. The Sub-Committee found that the failures to uphold the licensing objectives in this case to be particularly serious.

 

The Sub-Committee had considered whether the imposition of additional conditions or a period of suspension would remedy these failures. However, the Sub-Committee was of the view any such action would be insufficient given the poor management being displayed at the premises. The Sub-Committee did not have confidence that the present management of the premises was capable of upholding the licensing objectives. The Sub-Committee found Ms Rogers’ initial account to the police, as detailed in the statement of PC Goodwin, and her account to the Sub-Committee, as set out in her witness statement which she adopted again today, at odds with the CCTV and also the accounts given by the victims and the suspect to the police. The Sub-Committee found particularly grave the failure of Ms Rogers to telephone the police in relation to any of the events witnessed or items discovered by staff on 19 October 2017.

 

The Sub-Committee were of course mindful of the financial impact revocation would have on the premises. However, it considered that the premises had been managed irresponsibly and as such the only appropriate and proportionate response was to revoke the premises licence.

 

The interim closure order shall remain in force pending any appeal.

 

Appeal

 

Any party to the decision may appeal to the Magistrates Court within 21 days of notification of the decision. On appeal, the Magistrates Court may make an order for costs as it sees fit.

 

 

Richard Cursons

Clerk to the Licensing Sub-Committee

 

 

Licensing Act 2003

Notice of Decision

 

 

PREMISES

Arona

89 Station Lane

Hornchurch

RM12 6JU

 

DETAILS OF APPLICATION

 

The application to vary a premises licence was made under section 34 of the Licensing Act 2003 (“the Act)

 

APPLICANT

Mr Jacob Kattooparambil Cherian

89 Station Lane

Hornchurch

RM12 6JU

 

1.     Details of requested licensable activities

 

Details of the application

 

 

The application was modified during the consultation process.  There no longer is an application to vary the premises’ alcohol supply hours.  Instead the following modifications to the licence are sought:

 

With regard to Annex 3 of the current premises licence:

 

1.    No more than 15% of the sales area of the premises shall be devoted to the sale or display of alcohol.

 

Condition 1 above – Remove and replace it with "No more than 30% of the sales area of the premises shall be devoted to the sale or display of alcohol."

 

5.  The premises shall not stock any cans/bottles of lager, cider, beer or spirit-based mixers unless they are in packs of four or more.

 

Condition 5 above – Remove

 

6.  No bottles of wine or spirits less than 75cl shall be sold off the premises.

 

Condition 6 above – Remove and replace it with "No bottles of wine or spirits less than 20cl shall be sold off the premises."

 

The applicant was also seeking to add a series of conditions to the licence as identified in section 16 of the amended application.

 

Comments and observations on the application

 

The applicant acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertising of the application.  The required public notice was installed in the 22 September 2017 edition of the Havering edition of the Yellow Advertiser.

 

2.     Promotion of the Licensing Objectives

 

The applicant acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertisements of the application.  The required public notice was installed in the Yellow Advertiser of the 22 September 2017.

 

3.     Details of Representations

 

There was a representation against the application from a responsible authority;

the Metropolitan Police.

 

4.     Determination of Application

 

Police Licensing Officer Oisin Daly attended the hearing and reiterated the representation against the application which were on the following grounds:

 

 

1. The prevention of crime and disorder.

2. The protection of children from harm.

 

PC Daly informed the Sub-Committee that he visited the premises with the intention of speaking to the owner regarding the risks involved in the sale of high strength alcohol and the issues that it can bring by way of street drinking and those at risk of alcoholism.

PC Daly stated that during the course of the visit, the current premises licence was not displayed in the premises. On speaking to Mr Cherian it became clear that he was unable to communicate confidently in English and did not have an understanding of any of the conditions on the licence.

 

The Sub-Committee was informed that during further checks through the conditions on the licence, the following breaches were identified:

 

Condition 1 stated; clear notices should be prominently displayed at all exits respecting residents and leave quietly. The notice was not in place.

 

Conditions 5, 6 and 7 that detailed staff training, refresher training and maintaining records.

PC Daly stated that Mr Cherian did not have the records available and stated that his training consisted of his personal licence. He stated that he worked the majority of the time by himself and employed his son in the evenings.

 

Conditions 8, 9, 10 and 11 that related to CCTV quality, recording and having a staff member available at all time to operate it.

PC Daly stated that a CCTV system was in operation however Mr Cherian did not know how to operate it and as such it was not possible to verify the CCTV system capability to record and playback or quality.

 

Condition 14 related to an Incident log. The Sub-Committee was informed that Mr Cherian was unable to provide the Incident Log register.

 

Conditions 16 and 17 that detailed the Challenge 25 scheme; PC Daly was of the view that Mr Cherian did not understand the scheme and its emphasis on challenging persons who appear to be under 25 years of age.

 

Condition 18 required that a Refusal log be kept and maintained on the premises. PC Daly stated that there was none available on his request.

 

PC Daly was of the view that given the breaches identified and no understanding of Challenge 25 during the visit, the Police would ask that the Sub-Committee refuse the application in its entirety. There were several conditions breached and no understanding of Challenge 25. The Police stated that the venue was now a concern and would require additional follow up visits to ensure compliance.

 

The Police were aware that the premises recently had a variation to its operating licence following a hearing on 8 September 2017 that granted an additional hour and was now requesting to supply of high strength beers.

 

In response the applicant’s son; Mr Kevil Jacob addressed the Sub-Committee stating that his father (Mr Jacob Cherian) took over the premises in May 2017.

 

The business was a family run premises and he shared managing the shop with his father. 

 

The Sub-Committee was informed that on the day the Police Licensing Officer visited the premises, his father was alone in the shop and he froze at the presence of a Police Officer. As a result he was unable to satisfactorily meet the various request of the Police Licensing Officer.

 

Mr Kevil Jacob informed the Sub-Committee that he had now applied to take over as the designated premises supervisor as a soon as practical and also acquired a personal licence. He added that following the Police visit his mother now supports his father on the premises to improve communication in his absence.

 

He had also taken his father through all conditions of the premises licence and he now had an understanding of the requirement of challenge 25.

 

Mr Kevil Jacob informed the Sub-Committee that he did offer to present the required items to the Police Licensing Officer on the day.

 

He said that Mr Jacob Cherian was now confident at operating the CCTV system and able to download to a disc as maybe required.

 

Following questioning by the Sub-Committee, Mr Kevil Jacob explained that it was the wish of the premises to increase the sales area for the sale or display of alcohol by 30%

 

It was also the wish of the premises to be able to sell bottles of wine or spirits lees than 70cl off the premises.

 

Mr Cherian apologised to the Sub-Committee for his father’s inability to communicate effectively with the Police Licensing Officer and in order to avoid any such occurrence his mother was now in the shop to support Mr Cherian.

 

Decision

 

The Sub-Committee was obliged to determine the application with a view to promoting the licensing objectives, which are:

·                     The prevention of crime and disorder

·                     Public safety

·                     The prevention of public nuisance

·                     The protection of children from harm

 

The Sub-Committee considered the application to vary a premises licence made by Mr Jacob Cherian in pursuant to Section 34 of the Licensing Act in respect of Arona, 89 Station Lane Hornchurch RM12 6JU. The premises fell within the St Andrews ward Cumulative Impact Zone.

 

Written and oral representations were received from Metropolitan Police Licensing team and the applicant’s son responded accordingly.

 

The Sub-Committee reminded itself that it must promote the licensing objectives and have regard to the Statutory Guidance issued under s. 182 of the Licensing Act 2003 and the Council’s Statement of Licensing Policy.

 

The Sub-Committee was asked to vary the licence in the following three ways:-

 

·         Increase the floor space to sell alcohol to 30%

·         Permit the sale of single cans of lager etc.

·         Permit the sale of wines and spirits in bottle sizes of 20cl and above.

In relation to the increase in floor space, the Sub-Committee was concerned that it is difficult to judge the impact that the doubling of the sales floor space would have on the promotion of licensing objectives.  The Sub-Committee was of the view that the best way to promote the licensing objectives was to allow an incremental approach to any increase in floor space which would allow the responsible authorities to monitor the impact of any increase.  

 

Therefore the Sub-Committee is prepared to grant the increase to 20% and provided this did not have any discernible effect then the applicant could apply to increase the floor space again in the future.

 

The Sub-Committee has decided that condition 1 of annex 3 should be varied to read as follows: “No more than 20% of the sales area of the premises shall be devoted to the sale or display of alcohol.”

 

In relation to the sale of single cans of lager etc., the Sub-Committee is of the view that the sale of single cans of lager etc. tends to draw the type of customers who purchase alcohol to drink immediately (i.e. street drinkers).  As the premises is located within the cumulative impact zone, the Sub-Committee is of the view that the sale of alcohol to this type of customer should be discouraged as discouraging these individuals promotes the licensing objectives and therefore the application to vary this condition is refused.

 

In relation to the sale of bottles of wine and spirits over 20cl, the Sub-Committee was of the view that to allow the sale of half bottles (i.e. 35cl bottles) and quarter bottles (i.e. 20cl bottles) would attract street drinkers in the same way as the sale of single cans would and therefore the requested variation would not be appropriate.  The Sub-Committee was however of the view that the current condition was too restrictive and could be relaxed to allow for the sale of bottles of spirits and wines sold in normal size bottles (i.e. 70cl) and therefore the Sub-Committee has decided to vary condition 6 of annex 3 to read as follows “no bottles of wine or spirits less than 70cl shall be sold for consumption off the premises.”  The Sub-Committee was of the view that the variation to this extent would promote the licensing objectives.

 

 

 

 

 

 

 

 

 

 

 

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.