Agenda, decisions and minutes

Application for a variation of a premises licence for Top Kebabs, 185B High Street, Hornchurch RM11 3XS

PREMISES

Top Kebabs

185B High Street

Hornchurch

RM11 3XS

An application for a variation to a premises licence under section 34 of the Licensing Act 2003 (“the Act”).

APPLICANTS

Mr Abdul Sabur

124 Frederick Road

Rainham

RM13 8NS

The Applicant’s agent – Mr G Hopkins asked leave to address the Sub-Committee concerning questions about the validity of the Planning Service’s representation and the inclusion within the Licensing Authority’s case of warning letters which had been cited in an application which had taken place in June 2012.

Mr Hopkins contended that the presence of the Planning representation should be dismissed as planning and licensing were two distinct regulatory processes and the one should not have any impact on the other.  With regard to the three earlier warning letters from the Licensing Authority to his client, Mr Hopkins claimed that their inclusion amounted to a “double jeopardy” as they had already been cited in the failed application of 2012.

The Chair invited the Licensing Authority representative, Mr P Jones, to respond.

Mr Jones rejected the argument for disallowing the Planning Service’s representation (which limited the time the premises could stay open to midnight) by stating that the Planning Service was one of the named Responsible Authorities and that, as such, it had a legitimate right to make a representation if appropriate, and that was clearly the case in this instance because the appeal decision made by the Planning Inspectorate in September 2010 clearly identified that significant harm from noise and disturbance had been identified in respect of nearby residents’ living conditions.

With regard to the inclusion of the three older warning letters, they were only present in the context of demonstrating to the Sub-Committee that (along with the fourth letter dated 18 March 2013) there was a pattern of disregard to adhering to licensing conditions applicable at the time.

Mr Hopkins replied that on the night in question in 2013, his client had not been present on the premises having left to visit his wife in hospital.

Mr Jones responded by saying that this was no excuse because even though Mr Sabur might not have been present, the remaining staff ought to have been fully aware of the time the premises had to close and should have closed the premises at the permitted time.  Whether present or not, Mr Sabur remained responsible and liable.

The Chairman thanked both parties and stated that the Sub-Committee would bear in mind the comments made and would, in due course, give them suitable weight in its deliberations.

1.         Details of the application:

Variation applied for:

2.         Seasonal variations & Non-standard timings

There are no seasonal variations or non-standard timings applied for in this application.

3.  ...  view the full decision text for item 1.

PREMISES

Top Kebabs

185B High Street

Hornchurch

RM11 3XS

An application for a variation to a premises licence under section 34 of the Licensing Act 2003 (“the Act”).

APPLICANTS

Mr Abdul Sabur

124 Frederick Road

Rainham

RM13 8NS

The Applicant’s agent – Mr G Hopkins asked leave to address the Sub-Committee concerning questions about the validity of the Planning Service’s representation and the inclusion within the Licensing Authority’s case of warning letters which had been cited in an application which had taken place in June 2012.

Mr Hopkins contended that the presence of the Planning representation should be dismissed as planning and licensing were two distinct regulatory processes and the one should not have any impact on the other.  With regard to the three earlier warning letters from the Licensing Authority to his client, Mr Hopkins claimed that their inclusion amounted to a “double jeopardy” as they had already been cited in the failed application of 2012.

The Chair invited the Licensing Authority representative, Mr P Jones, to respond.

Mr Jones rejected the argument for disallowing the Planning Service’s representation (which limited the time the premises could stay open to midnight) by stating that the Planning Service was one of the named Responsible Authorities and that, as such, it had a legitimate right to make a representation if appropriate, and that was clearly the case in this instance because the appeal decision made by the Planning Inspectorate in September 2010 clearly identified that significant harm from noise and disturbance had been identified in respect of nearby residents’ living conditions.

With regard to the inclusion of the three older warning letters, they were only present in the context of demonstrating to the Sub-Committee that (along with the fourth letter dated 18 March 2013) there was a pattern of disregard to adhering to licensing conditions applicable at the time.

Mr Hopkins replied that on the night in question in 2013, his client had not been present on the premises having left to visit his wife in hospital.

Mr Jones responded by saying that this was no excuse because even though Mr Sabur might not have been present, the remaining staff ought to have been fully aware of the time the premises had to close and should have closed the premises at the permitted time.  Whether present or not, Mr Sabur remained responsible and liable.

The Chairman thanked both parties and stated that the Sub-Committee would bear in mind the comments made and would, in due course, give them suitable weight in its deliberations.

1.         Details of the application:

Variation applied for:

2.         Seasonal variations & Non-standard timings

There were no seasonal variations or non-standard timings applied for in this application.

3.  ...  view the full minutes text for item 1.