Licensing Act 2003

Notice of Decision

PREMISES

BrewDog

18 Station Road

Upminster

RM14 2UB

APPLICANT

Bailey’s Bar Limited

Details of requested licensable activities

The application for a premises licence is made by Bailey’s Bar Limited under section 17 of the Licensing Act 2003.  The application was received by Havering’s Licensing Authority on 12 August 2025.

Details of the application

The application describes the changes sought as follows:

1. Change to alcohol sales hours:

•           To commence from 10:00am every day.

2. Thursday door staff requirement:

•           A minimum of 1 SIA-trained door supervisor from 19:00 until close.

•        This increases to a minimum of 2 if the first-floor bar, rooftop bar, or both are open.

3. Friday and Saturday door staff requirements:

•           To remain unchanged.

4. Outdoor recorded music:

•To be addressed in the amendment so that it matches the deregulated hours.

Summary

There was one representation against this application from a responsible authority, namely Havering’s Environmental Health Noise Team.  The Noise Officer proposed an amendment to the operating schedule which would include a condition requiring that the premises operates within the bounds of a noise management plan.  The applicant had declined to accept this proposal.

Determination of application for a premises licence

In reaching its decision the Sub – Committee has carefully considered the application, the representations made by the applicant and Havering’s Environmental Health Noise Team.  The hearing was partly heard on the 7th of October 2025 but was adjourned as the evidence provided by the Environmental Health Noise Team was inconclusive.

The Licensing Sub Committee has taken into consideration the council’s Statement of Licensing Policy, the Public Sector Equality Duty, the Home Office guidance issued under section 182 of the Licensing Act 2003, the Duties under the Crime and Disorder Act 1988 and the rights set out in the Human Rights Act 1998. 

The Sub-Committee has concluded that the application should be granted given the agreement reached by the applicant and Responsible Authority.  The Responsible Authority has withdrawn its representation on the agreement with the applicant to withdraw the following activity as set out at point 4 of the applicant’s variation application set out below:

Outdoor recorded music:

•To be addressed in the amendment so that it matches the deregulated hours.

And, for the following reasons:

1.  On the balance of probabilities, the Sub-Committee is satisfied that granting the application in the form of the amended application with the removal of the outdoor recorded music part of the application as set out on page 34 of the Agenda Pack and the subsequent withdrawal of representations by the Responsible Authority, would not undermine the licensing objectives of Prevention of Public Nuisance, Prevention of Crime and Disorder, Protection of children from harm and public safety.

2.         The Sub-Committee also considered the relevant provisions of the Human Rights Act 1998, namely:

Article 6 – The right to a fair hearing

Article 8 – Respect for private and family life

Article 1 – First protocol – peaceful enjoyment of possessions

The Sub-Committee considered that in all the circumstances, the conditions offered and agreed by the applicant were reasonable and proportionate sufficiently promoting the licensing objectives which would not be undermined by allowing 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.