Licensing Act 2003

Notice of Decision

PREMISES

Rainham Offy & Convenience

8 Elmer Gardens

Rainham

RM13 7BS

APPLICANT

Mr Jathukulan Kailayanathan

1.     Details of requested licensable activities

This application to vary a premises licence is made by Mr Jathukulan Kailayanathan under s.34 of the Licensing Act 2003. The application was received by Havering’s Licensing Authority on 1 August 2022.

Details of the application

Current premises licence hours:

Variation applied for:

The varied hours listed above have been reduced in consultation with Havering’s Environmental Health team from the originally sought hours of 06:00 to 00:00.

The application also seeks to vary the site’s premises plans.

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.

SUMMARY

The Licensing Sub-Committee has considered an application to vary a premises licence for Rainham Offy & Convenience, situated at 8 Elmer Gardens Rainham RM13 7BS and representations against the application have been received from a local resident against the application. No Responsible Authority made representation against the application.

The Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under S.182 of the Licensing Act and the Council’s own Statement of Licensing Policy.

Where relevant representations are made, the authority must hold a hearing and then take such steps as it considers necessary for the promotion of the licensing objectives. These steps may include rejecting the whole or part of the application, or modifying the conditions to the extent that the authority considers necessary for the promotion of the licensing objectives

Decision: granted.

Having read representations from the single resident, the members found that there was no evidence presented that varying the application will undermine the licensing objectives. The Sub-Committee also noted that no responsible authorities made representations against the application, in particular the Police, who are their main source of advice with regard to crime and disorder.

Therefore, the licence is varied as follows:

Premises’ Opening and Closing Times:

Monday to Sunday 07:00 to 23:00 hours

Licensable Activities:

The provision of off sales of alcohol; Monday to Sunday 07:00 to 23:00 hours.

Premises plans;

Varied as applied for in copy of the application.

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.