Agenda, decisions and draft minutes

Application to review a premises licence under section 51 of the Licensing Act 2003 in respect of New Porky’s, Unit 1 Manor Way Business Centre, Marsh Way, Rainham, RM13 8UG.

Licensing Act 2003

Notice of Decision

PREMISES

New Porky’s,

Unit 1 Manor Way Business Centre,

Marsh Way,

Rainham,

Essex.

RM13 8UG

DETAILS OF APPLICATION

Application for a review of the premises licence by the London Borough of Havering’s Licensing Authority under section 167 of the Licensing Act 2003 (“the Act”).

APPLICANT

Arthur Hunt,

On behalf of the Licensing Authority,

London Borough of Havering,

5^th Floor, Mercury House,

Mercury Gardens,

Romford,

Essex.

RM1 1LS

1.         Details of existing licensable activities

Opening hours – Monday to Sunday – 10.00 to 03.00

2.         Grounds for Review

The Metropolitan Police had made a section 161 closure order against New Porky’s on 14 April, 2013. The following day the Metropolitan Police attended Redbridge Magistrates’ Court to apply for the court to consider the closure notice in accordance with its duty under section 165 of the Licensing Act 2003. The court considered the closure order and determined that it would not exercise any of its rights to further modify the notice under this section.  The closure notice therefore expired 24 hours after its initial service.

Section 165(4) requires the court to notify the Licensing Authority of its determination; however, this notification was not supplied to Havering until 21^st June 2013.  It was upon the receipt of the court’s notification that this review process commenced.

The provisions of section 167(4) of the Act dictate that the Licensing Authority undertakes certain functions with regard to an application made under this section.  To this end the Licensing Authority gave a copy of the application to the premises licence holder and each responsible authority.  It also installed an appropriately worded public notice advertising this application at the premises, at Havering Town Hall and on Havering’s website inviting interested persons and responsible authorities to make representations against, or in support of, the application in accordance with appropriate premises licence regulations 37, 38 and 39.

When determining an application for a premises licence review made after a section 161 closure notice has been made section 167 of the Act requires that the relevant Licensing Authority holds a hearing to consider the closure order and any relevant representations made.  A ‘relevant representation’ in such circumstances is one which is made by the premises licence holder, a responsible authority or an interested person within the consultation period and which is relevant to one or more of the licensing objectives.  ...  view the full decision text for item 1.

Licensing Act 2003

Notice of Decision

PREMISES

New Porky’s,

Unit 1 Manor Way Business Centre,

Marsh Way,

Rainham,

Essex.

RM13 8UG

DETAILS OF APPLICATION

Application for a review of the premises licence by the London Borough of Havering’s Licensing Authority under section 167 of the Licensing Act 2003 (“the Act”).

APPLICANT

Arthur Hunt,

On behalf of the Licensing Authority,

London Borough of Havering,

5^th Floor, Mercury House,

Mercury Gardens,

Romford,

Essex.

RM1 1LS

1.         Details of existing licensable activities

Opening hours – Monday to Sunday – 10.00 to 03.00

2.         Grounds for Review

The Metropolitan Police had made a section 161 closure order against New Porky’s on 14 April, 2013. The following day the Metropolitan Police attended Redbridge Magistrates’ Court to apply for the court to consider the closure notice in accordance with its duty under section 165 of the Licensing Act 2003. The court considered the closure order and determined that it would not exercise any of its rights to further modify the notice under this section.  The closure notice therefore expired 24 hours after its initial service.

Section 165(4) requires the court to notify the Licensing Authority of its determination; however, this notification was not supplied to Havering until 21^st June 2013.  It was upon the receipt of the court’s notification that this review process commenced.

The provisions of section 167(4) of the Act dictate that the Licensing Authority undertakes certain functions with regard to an application made under this section.  To this end the Licensing Authority gave a copy of the application to the premises licence holder and each responsible authority.  It also installed an appropriately worded public notice advertising this application at the premises, at Havering Town Hall and on Havering’s website inviting interested persons and responsible authorities to make representations against, or in support of, the application in accordance with appropriate premises licence regulations 37, 38 and 39.

When determining an application for a premises licence review made after a section 161 closure notice has been made section 167 of the Act requires that the relevant Licensing Authority holds a hearing to consider the closure order and any relevant representations made.  A ‘relevant representation’ in such circumstances is one which is made by the premises licence holder, a responsible authority or an interested person within the consultation period and which is relevant to one or more of the licensing objectives.  ...  view the full minutes text for item 1.