Agenda, decisions and minutes
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REVIEW OF THE PREMISES LICENCE FOR HOT & TASTY CHICKEN, 140 SOUTH STREET, ROMFORD RM1 1TE Application to review a premises licence in respect of Hot and Tasty Chicken, 140 South Street, Romford RM1 1TE Additional documents:
Decision: Licensing Act 2003 Notice of Decision
PREMISES Hot & Tasty Chicken 140 South Street Romford RM1 1TE
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 Mr Arthur Hunt On behalf of the Licensing Authority, London Borough of Havering, 5th Floor, Mercury House, Mercury Gardens, Romford, Essex. RM1 1LS
1. Details of existing licensable activities
Opening hours: Monday to Saturday – 11.00 to 02.00, Sunday – 11.00 to 00.00
2. Grounds for Review
A section 161 Licensing Act 2003 closure order was made against Hot & Tasty Chicken by the Metropolitan Police on Saturday 4th May 2013 between 00:30 and 01:00. On Tuesday 7th May 2013 (Monday 6th May 2013 was a bank holiday), as required, the Metropolitan Police attended Barkingside Magistrates’ Court to apply for the court to consider the closure notice in accordance with its duty under s.165. The court considered the closure order and determined that it would not exercise any of its rights to further modify the notice. The closure notice therefore expired 24 hours after its initial service.
Section165(4) requires the court to notify the Licensing Authority of its determination; however, this notification was not supplied to Havering until 19th September 2013 subsequent to repeated requests to do so from the London Borough of Havering and the Metropolitan Police. It was upon the receipt of the court’s notification on 19th September 2013 that this review process was initiated.
Requirements upon the Licensing Authority
The provisions of s.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’s Town Hall and on Havering’s website inviting interested persons and responsible authorities to make representations against, or in support of, the application.
When determining an application for a premises licence review made after a s.161 closure notice has been given s.167 of the Act requires that the relevant Licensing Authority holds a hearing to consider the closure order, any order issued by the court under s.165(2) and any relevant representations made. There were no orders issued by the court with regard to the closure notice.
During the hearing the Licensing Authority must take any of the following steps it considers necessary to promote the licensing objectives [s.167(5)(b) & (6)]. These steps are:
(a) to modify the conditions of the premises licence (b) to exclude a licensable activity from the scope of the licence (c) to remove the designated premises supervisor from the licence * Minutes: PREMISES Hot & Tasty Chicken 140 South Street Romford RM1 1TE
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 Mr Arthur Hunt On behalf of the Licensing Authority, London Borough of Havering, 5th Floor, Mercury House, Mercury Gardens, Romford, Essex. RM1 1LS
1. Details of existing licensable activities
Opening hours: Monday to Saturday – 11.00 to 02.00, Sunday – 11.00 to 00.00
2. Grounds for Review
A section 161 Licensing Act 2003 closure order was made against Hot & Tasty Chicken by the Metropolitan Police on Saturday 4th May 2013 between 00:30 and 01:00. On Tuesday 7th May 2013 (Monday 6th May 2013 was a bank holiday), as required, the Metropolitan Police attended Barkingside Magistrates’ Court to apply for the court to consider the closure notice in accordance with its duty under s.165. The court considered the closure order and determined that it would not exercise any of its rights to further modify the notice. The closure notice therefore expired 24 hours after its initial service.
Section165(4) requires the court to notify the Licensing Authority of its determination; however, this notification was not supplied to Havering until 19th September 2013 subsequent to repeated requests to do so from the London Borough of Havering and the Metropolitan Police. It was upon the receipt of the court’s notification on 19th September 2013 that this review process was initiated.
Requirements upon the Licensing Authority
The provisions of s.167(4) of the Act dictates 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’s Town Hall and on Havering’s website inviting interested persons and responsible authorities to make representations against, or in support of, the application.
When determining an application for a premises licence review made after a s.161 closure notice has been given s.167 of the Act requires that the relevant Licensing Authority holds a hearing to consider the closure order, any order issued by the court under s.165(2) and any relevant representations made. There were no orders issued by the court with regard to the closure notice.
During the hearing the Licensing Authority had to take any of the following steps it considered necessary to promote the licensing objectives [s.167(5)(b) & (6)]. These steps were:
(a) to modify the conditions of the premises licence (b) to exclude a licensable activity from the scope of the licence (c) to remove the designated premises supervisor from the licence * (d) to suspend the licence for a period not exceeding ... view the full minutes text for item 1. |
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