Agenda, decisions and minutes

Application to vary a premises licencemade by Mr Mehmet Gilgil under section 34 of the Licensing Act 2003 (the Act) in respect of Essex Grill,

177 St Mary’s Lane, Upminster, RM14 3BL

Licensing Act 2003

Notice of Decision

PREMISES

Essex Grill

177 St Mary’s Lane

Upminster

RM14 3BL

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

APPLICANT

Mr Mehmet Gilgil

The Essex Grill

177 St Mary’s Lane

Upminster

RM14 3BL

1.         Details of the application:

The current premises licence hours are:

Variation applied for:

2.         Seasonal variations & Non-standard timings

A non-standard timing request seeks to permit the premises to remain open to the public and provide late night refreshment until 02:00 on a Sunday before a bank holiday.  The written application did not make explicit whether “a bank holiday” refers only to bank holiday Mondays or bank holidays which may appear on other days of the week, e.g. Christmas Day etc. The applicant’s representative clarified at the hearing that it meant the Sunday where Monday was a bank holiday.

3.         Comments and observations on the application

The applicant acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertising of the application.  The required public notice was installed in the 21^st June 2013 edition of the Yellow Advertiser.

The premises licence is held by an individual whom appears to be a sole trader.  As such a sole trader’s home address is required to be provided on the licence in order that the Licensing Authority is able to monitor the holder’s solvency status in line with its obligation under s.27 of the Act. The holder of this licence has provided the address of the premises as his address. As such the Licensing Authority is unable to determine whether the holder is solvent and hence whether the licence remains in force.

4.         Summary

There were two representations made against this application from interested parties.

There was one representation against this application by a responsible authority.

5.         Details of representations

Valid representations may only address the following licensing objectives:

The prevention of crime and disorder

The prevention of public nuisance

The protection of children from harm

Public safety

Interested persons’ representations

Cllr Linda Van den Hende’s representation against this application is based upon the prevention of public nuisance and the prevention of crime and disorder.

The second interested person who made representation against this application is a resident of the borough whose house is approximately 720 metres as the crow flies from Essex Grill or 1 kilometre by road.  This representation is based upon the prevention of public nuisance licensing objective.

Responsible Authorities’ representations

Licensing Specialist Paul Campbell made representation against this application on behalf of Havering’s Licensing Authority.  The representation is based  ...  view the full decision text for item 1.

PREMISES

Essex Grill

177 St Mary’s Lane

Upminster

RM14 3BL

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

APPLICANT

Mr Mehmet Gilgil

The Essex Grill

177 St Mary’s Lane

Upminster

RM14 3BL

1.         Details of the application:

The current premises licence hours were:

Variation applied for:

2.         Seasonal variations & Non-standard timings

A non-standard timing request sought to permit the premises to remain open to the public and provide late night refreshment until 02:00 on a Sunday before a bank holiday.  The written application did not make explicit whether “a bank holiday” referred only to bank holiday Mondays or bank holidays which may appear on other days of the week, e.g. Christmas Day etc.  The applicant’s representative clarified at the hearing that it meant the Sunday where Monday is a bank holiday.

3.         Comments and observations on the application

The applicant acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertising of the application.  The required public notice was installed in the 21^st June 2013 edition of the Yellow Advertiser.

The premises licence was held by an individual whom appeared to be a sole trader.  As such a sole trader’s home address was required to be provided on the licence in order that the Licensing Authority was able to monitor the holder’s solvency status in line with its obligation under s.27 of the Act.  The holder of this licence had provided the address of the premises as his address.  As such the Licensing Authority was unable to determine whether the holder was solvent and hence whether the licence remained in force.

4.         Summary

There were two representations made against this application from interested parties.

There was one representation against this application by a responsible authority.

5.         Details of representations

Valid representations may only address the following licensing objectives:

The prevention of crime and disorder

The prevention of public nuisance

The protection of children from harm

Public safety

Interested persons’ representations

Cllr Linda Van den Hende’s representation against this application was based upon the prevention of public nuisance and the prevention of crime and disorder.

The second interested person who made representation against this application was a resident of the borough whose house is approximately 720 metres as the crow flies from Essex Grill or 1 kilometre by road.  This representation was based upon the prevention of public nuisance licensing objective.

Responsible Authorities’ representations

Licensing Specialist Paul Campbell made representation against this application on behalf of Havering’s Licensing Authority.  The representation was based upon all four of the licensing  ...  view the full minutes text for item 1.