Agenda, decisions and minutes
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Application to vary a premises licence at Akash Tandoori, 185 High Street, Hornchurch, RM11 3XS made by Mr Irshadur Rahman under section 34 of the Licensing Act 2003. – Report attached
Decision: Licensing Act 2003 Notice of Decision
PREMISES Akash Tandoori 185 High Street Hornchurch RM11 3XS
DETAILS OF APPLICATION
An application made on 14 April 2013 to vary a premises licence under section 34 of the Licensing Act 2003 (“the Act”).
APPLICANT Mr Irshadur Rahman 185A High Street Hornchurch RM11 3XS
1. Details of the application:
The current licence hours were as follows:
Sundays preceding bank holiday Mondays, Christmas Eve, Boxing Day – an extra 30 minutes after the relevant terminal hour New Year’s Eve – no restriction
Variation applied for:
Seasonal variations
None
Current Non Standard Timings
All licensable activities
Sundays preceding bank holiday Mondays – 12:00 to 00:30 Christmas Eve & Boxing Day (except where they fall on a Friday or Saturday) – 10:00 to 01:00 New Year’s Eve – from the start of permitted hours to the end of permitted hours on New Year’s Day
Variation Non-standard timings
In respect of all licensable activities on Christmas Eve, Boxing Day, New Year’s Eve, New Year’s Day and the Sundays preceding Bank Holiday Monday until 02:30 the following day.
Comments and observations on the application
The applicant acted in accordance with premises licence regulations 25 and 26 relating to the advertising of the application. The required newspaper advertisement was installed in the 24th April 2013 edition of the Yellow Advertiser.
The advert indicates in relation to the provision of live music that the application is -
"to change the start time for live music on Sundays to 10:00. There is no other change for live music. (The provisions of the Live Music Act 2012 apply to this premises and the activity is deregulated.)"
This is incorrect as the application seeks to reduce the live music terminal hour from 00:00 to 23:00 generally but to extend it until 02:30 via non-standard timings.
The advert then goes on to indicate the non-standard timings extension to 02:30 for "all authorised licensable activities", having previously stated that live music is not a licensable activity at this premises. A person reading this notice might believe that live music is not included in the 02:30 non-standard timings portion of the application.
Legal advice was sought on this matter and ... view the full decision text for item 1. Minutes: 1 APPLICATION TO VARY A PREMISES LICENCE MADE BY MR IRSHADUR RAHMAN UNDER SECTION 117 OF THE LICENSING ACT 2003. 13 June 2013
The applicant’s representative, Mr Hopkins submitted a request on 11 June for an adjournment following the service of a supplementary agenda which alleged that an offence may have been committed and that this information was to form the basis of a criminal prosecution. Mr Hopkins sought an adjournment of the Hearing until after the completion of any Court proceedings.
The Sub-Committee agreed to an adjournment until 15 July 2013, commencing at 10.30am stating that a hearing had to be adjourned to a specified date.
The hearing was vacated.
15 July 2013
The applicant’s representative submitted a request on 8 July 2013 for an adjournment following the allegation that an offence may have been committed and that this information was to form the basis of a criminal prosecution. Mr Hopkins sought an adjournment of the hearing until after the completion of any Court proceedings.
On 9 July the Sub-Committee agreed to an adjournment until 19 August 2013, commencing at 10.30am stating that a hearing had to be adjourned to a specified date.
On instructions of the Sub-Committee, the letter to the parties notifying of the adjournment stated:
“ The Chairman did state that repeated requests for adjournments on this matter will not continue to be granted, as the effect is to have an open ended adjournment, even if dates continue to be specified. As you are aware, prosecution proceedings can take some time to get before a Magistrates Court, and even longer to be decided by them (depending on plea), and we ask that thought be given to either proceeding with this application regardless of that procedure, or to withdrawing the application for the time being.”
19 August 2013
At the reconvening of the adjourned hearing, the Havering Licensing Officer, Paul Jones, requested the subcommittee to consider a procedural matter relating to the hearing namely that the Sub-Committee must make a determination within 2 months of the application first being received or it will be rejected by default. Mr Hopkins on behalf of the applicant objected to this request and sought a further adjournment of the hearing until after the completion of any Court proceedings. He argued as he had done previously that it would be an abuse of the process and a breach of natural justice for the Licensing Sub Committee to deal with this prior to any criminal proceedings.
The Sub-Committee stated that they had received two applications that morning. Havering Licensing Officer, Mr Jones argued that the council’s own procedures, authorised by section 9 (3) of the Licencing Act 2003, state at paragraph 8.1 that an application for a variation of an existing licence must be determined within two months and if not dealt with in that period, rejected by default. Mr Hopkins had opposed the application and argued that he did not get a notification of this request until that morning, but that in ... view the full minutes text for item 1. |
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