Agenda, decisions and minutes

Application for a review of a premises licence for Akash Tandoori 185 High Street, Hornchurch Essex RM11 3XS.

Licensing Act 2003

Notice of Decision

PREMISES

Akash Tandoori,

158 High Street,

Hornchurch,

RM11 3XS

DETAILS OF APPLICATION

Application for a review of the premises licence by the London Borough of Havering’s Licensing Authority under section 51 of the Licensing Act 2003 (“the Act”).

APPLICANT

Paul Jones,

Licensing Officer,

London Borough of Havering,

Mercury House,

Mercury Gardens,

Romford,

RM1 3SL

1.            Details of existing licensable activities

2.            Grounds for Review

The application for a review of the Premises Licence had been served under section 51 of the Licensing Act 2003 under all four grounds:

·         The prevention of crime and disorder

·         Public safety

·         The prevention of public nuisance

·         The protection of children from harm.

The application for review stated that the premises licence holder had consistently ignored the conditions and terminal hours of the premises licence which govern the provision of licensable activity at Akash Tandoori restaurant. A series of formal warnings and prosecutions had had little effect upon the licence holder’s legal duty to comply with the terms of his premises licence.

3.            Requirements upon the Licensing Authority

The application was received on 13 November, 2014 and the application was advertised on the council’s website and on the notice board in front of the Town Hall. Notice was also posted at the premises. The public notice invited 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 an application under section 51 the relevant Licensing Authority is required to hold a hearing to consider the review application.

During the hearing the Licensing Authority must take any of the following steps it considers necessary to promote the licensing objectives. 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;

d.    To suspend the licence for  a period not exceeding three months; or

e.    To revoke the licence.

Where the Licensing Authority takes a step as defined by (a) or (b) above it may provide that the modification or exclusion is to have effect for a specified period not exceeding three months.

4.            Promotion of the Licensing Objectives

The review had been requested in order to promote the licensing objectives as shown below:

·         The prevention of crime and disorder

·         Public safety

·         The prevention of public nuisance

·         The protection of children from harm.

5.            Details of Representations

The following Responsible Authorities submitted no representation:

London Fire & Emergency Planning Authority (“LFEPA”)

Health & Safety Enforcing Authority

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

PREMISES

Akash Tandoori,

158 High Street,

Hornchurch,

RM11 3XS

DETAILS OF APPLICATION

Application for a review of the premises licence by the London Borough of Havering’s Licensing Authority under section 51 of the Licensing Act 2003 (“the Act”).

APPLICANT

Paul Jones,

Licensing Officer,

London Borough of Havering,

Mercury House,

Mercury Gardens,

Romford,

RM1 3SL

1.            Details of existing licensable activities

2.            Grounds for Review

The application for a review of the Premises Licence had been served under section 51 of the Licensing Act 2003 under all four grounds:

·         The prevention of crime and disorder

·         Public safety

·         The prevention of public nuisance

·         The protection of children from harm.

The application for review stated that the premises licence holder had consistently ignored the conditions and terminal hours of the premises licence which govern the provision of licensable activity at Akash Tandoori restaurant. A series of formal warnings and prosecutions had had little effect upon the licence holder’s legal duty to comply with the terms of his premises licence.

3.            Requirements upon the Licensing Authority

The application had been received on 13 November, 2014 and had been advertised on the council’s website and on the notice board in front of the Town Hall. Notice had also posted at the premises. The public notice had invited 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 an application under section 51 the relevant Licensing Authority was required to hold a hearing to consider the review application.

During the hearing the Licensing Authority must take any of the following steps it considered necessary to promote the licensing objectives. 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 three months; or

e.    To revoke the licence.

Where the Licensing Authority took a step as defined by (a) or (b) above it might provide that the modification or exclusion was to have effect for a specified period not exceeding three months.

4.            Promotion of the Licensing Objectives

The review had been requested in order to promote the licensing objectives as shown below:

·         The prevention of crime and disorder

·         Public safety

·         The prevention of public nuisance

·         The protection of children from harm.

5.            Details of Representations

The following Responsible Authorities had submitted no representation:

London Fire & Emergency Planning Authority (“LFEPA”)

Health & Safety Enforcing Authority

Planning Control & Enforcement

Children and  ...  view the full minutes text for item 1.