Agenda, decisions and minutes

Application for three temporary event notices by Mr Irshadur Rahman under section 100 of the Licensing Act 2003.

Licensing Act 2003

Notice of Decision

PREMISES

Akash Tandoori

185 High Street

Hornchurch

RM11 3AS

APPLICANT

Mr Irshadur Rahman

185A High Street

Hornchurch

RM11 3AS

1.    Details of Application

Akash Tandoori is an Indian restaurant in the centre of Hornchurch.  The vicinity is a mixture of residential and commercial properties. 

The applicant submitted applications for three Temporary Event Notices (TENs) on 7 March 2013 in accordance with the provisions of section 100 of the Licensing Act 2003 (“the Act”).

TEN requirements:

TEN 1

TEN 2

TEN 3

The licensing Officer provided the sub committee a further update to his report relating to the premises which in his view require consideration in order that the Licensing Sub-Committee is made fully aware of the circumstances surrounding these TENs.

He detailed that the premises licence holder of the Akash Tandoori premises licence and the premises user for these TENs, recently submitted a premises licence variation application.  This application was opposed by three responsible authorities, including Mr Marc Gasson, Havering’s Noise Specialist. The application was partially granted on 7 February 2013 at a hearing.  The premises’ hours and permitted licensable activities were extended to those indicated in the premises licence, a copy of which is included in the agenda.  Effectively, licensable activity at the premises must cease at 00:30 on Friday and Saturday nights while the premises must be closed to the public at 01:00.

That on the evening of Saturday 16 March 2013, into Sunday 17 March 2013, he witnessed two tables of diners still in the premises at 01:45.  Additionally, at this time two further customers arrived at the premises and were admitted, whereupon it appeared that they were both served alcohol while awaiting a table meal.

2.    Grounds of Objection

There was one objection notice made against each of these TENs from a responsible authority, namely Havering’s Noise Specialist, Mr Marc Gasson on 12March 2013.

Mr Gasson submitted an objection notice on behalf of Havering’s Environmental Health Service based upon his concerns in relation to the prevention of public nuisance licensing objective.

Mr Gasson’s objection notice outlined his concerns in relation to the potential for noise disturbance to nearby residents.  Mr Gasson’s objection notice also draws attention to Havering’s Licensing Policy 12 with regard to the hours during which regulated activities would normally be permitted at licensed premises in the borough.

3. Details of Representations

Public Health: - Mr Gasson, the Havering Noise Specialist officer appeared and reiterated his written objection  ...  view the full decision text for item 1.

Licensing Act 2003

Notice of Decision

PREMISES

Akash Tandoori

185 High Street

Hornchurch

RM11 3AS

APPLICANT

Mr Irshadur Rahman

185A High Street

Hornchurch

RM11 3AS

Details of Application

Akash Tandoori is an Indian restaurant in the centre of Hornchurch.  The vicinity is a mixture of residential and commercial properties. 

The applicant submitted applications for three Temporary Event Notices (TENs) on 7 March 2013 in accordance with the provisions of section 100 of the Licensing Act 2003 (“the Act”).

TEN requirements:

TEN 1

TEN 2

TEN 3

The Licensing Officer provided the subcommittee a further update to his report relating to the premises which in his view required consideration in order that the Licensing Sub-Committee was made fully aware of the circumstances surrounding these TENs.

He detailed that the premises licence holder of the Akash Tandoori premises licence and the premises user for these TENs, recently submitted a premises licence variation application.  This application was opposed by three responsible authorities, including Mr Marc Gasson, Havering’s Noise Specialist. The application was partially granted on 7 February 2013 at a hearing.  The premises’ hours and permitted licensable activities were extended to those indicated in the premises licence, a copy of which was included in the agenda.  Effectively, licensable activity at the premises must cease at 00:30 on Friday and Saturday nights while the premises must be closed to the public at 01:00.

That on the evening of Saturday 16 March 2013, into Sunday 17 March 2013, he witnessed two tables of diners still in the premises at 01:45.  Additionally, at this time two further customers arrived at the premises and were admitted, whereupon it appeared that they were both served alcohol while awaiting a table meal.

Grounds of Objection

There was one objection notice made against each of these TENs from a responsible authority, namely Havering’s Noise Specialist, Mr Marc Gasson on 12March 2013.

Mr Gasson submitted an objection notice on behalf of Havering’s Environmental Health Service based upon his concerns in relation to the prevention of public nuisance licensing objective.

Mr Gasson’s objection notice outlined his concerns in relation to the potential for noise disturbance to nearby residents.  Mr Gasson’s objection notice also draws attention to Havering’s Licensing Policy 12 with regard to the hours during which regulated activities would normally be permitted at licensed premises in the borough.

Details of Representations

Public Health: - Mr Gasson, the Havering Noise Specialist officer appeared and reiterated his written objection against the applications. He  ...  view the full minutes text for item 1.