Agenda, decisions and draft minutes

Report attached

Licensing Act 2003

Notice of Decision

DETAILS OF APPLICATION

PREMISES

The Rising Sun PH

64-68 High Street

Hornchurch

Essex

RM12 4UW

Details of the application

The application was to:

Submit an additional plan to reflect a change in the layout of the ground floor of the premises. (This would add the bar in the rear lounge, the rear lounge, outside toilets and rear outside smoking area to the premises licence.)

And to:

Offer conditions in respect of the rear lounge bar and room etc.

SUMMARY

There was one representation against this application from a ward councillor.

There were no representations against this application from residents or businesses.

There were no representations against this application from responsible authorities

DECISION

Decision:

The Sub-Committee considered an application to vary a premises licence for The Rising Sunsituated at 64-68 High Street, Hornchurch, RM12 4UW. The applicant sought to vary the existing premises licence by modifying the premises plans and adding further conditions to the licence.

The Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under S182 of the Licensing Act and the Council’s own Statement of Licensing Policy. The premises is situated within a Cumulative Impact Zone (CIZ) as set out in in the Council’s policy. Where representations were received against an application in the CIZ zone, there was a rebuttable presumption to refuse the application unless the applicant could demonstrate that the granting of the variation would not add to existing problems in the area.

Where relevant representations were made, the authority must hold a hearing, having regard to the representations, and take such of the steps mentioned as follows, as it considered appropriate for the promotion of the licensing objectives;

(a)  to modify the conditions of the licence;

(b)  to reject the whole or part of the application

Representations against the application had been received from

-          Councillor Paul Middleton on the grounds of the Prevention of Crime and Disorder & the Prevention of Public Nuisance.

The application for a variation of the licence was refused

The premises was situated in a Cumulative Impact Zone. In considering whether to adopt such a Policy for the area, the council took the following steps as recommended by the Guidance:

• Gathered crime and disorder statistics, ambulance service statistics and such other relevant statistics

• Identified serious concern from a responsible authority or from residents or local businesses (or their representatives) concerning nuisance and/or disorder;

• Identified the area in which problems were arising and the boundaries of that area.

The statistics gathered had resulted in 64-68 High Street, Hornchurch, RM12 4UW to be part of the Cumulative Impact Zone. The members were aware of issues of crime and disorder and public nuisance the area faced as identified in the council’s statement of licensing policy. Therefore it remained imperative that there was a rebuttal presumption to not to grant the application to vary the premises licence unless the applicant could demonstrate that granting the  ...  view the full decision text for item 1.

DETAILS OF APPLICATION

PREMISES

The Rising Sun PH

64-68 High Street

Hornchurch

Essex

RM12 4UW

Details of the application

The application was to:

Submit an additional plan to reflect a change in the layout of the ground floor of the premises. (This would add the bar in the rear lounge, the rear lounge, outside toilets and rear outside smoking area to the premises licence.)

And to:

Offer conditions in respect of the rear lounge bar and room etc.

SUMMARY

There was one representation against this application from a ward councillor.

There were no representations against this application from residents or businesses.

There were no representations against this application from responsible authorities

DECISION

Decision:

The Sub-Committee considered an application to vary a premises licence for The Rising Sunsituated at 64-68 High Street, Hornchurch, RM12 4UW. The applicant sought to vary the existing premises licence by modifying the premises plans and adding further conditions to the licence.

The Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under S182 of the Licensing Act and the Council’s own Statement of Licensing Policy. The premises is situated within a Cumulative Impact Zone (CIZ) as set out in in the Council’s policy. Where representations were received against an application in the CIZ zone, there was a rebuttable presumption to refuse the application unless the applicant could demonstrate that the granting of the variation would not add to existing problems in the area.

Where relevant representations were made, the authority must hold a hearing, having regard to the representations, and take such of the steps mentioned as follows, as it considered appropriate for the promotion of the licensing objectives;

(a)  to modify the conditions of the licence;

(b)  to reject the whole or part of the application

Representations against the application had been received from

-          Councillor Paul Middleton on the grounds of the Prevention of Crime and Disorder & the Prevention of Public Nuisance.

The application for a variation of the licence was refused

The premises was situated in a Cumulative Impact Zone. In considering whether to adopt such a Policy for the area, the council took the following steps as recommended by the Guidance:

• Gathered crime and disorder statistics, ambulance service statistics and such other relevant statistics

• Identified serious concern from a responsible authority or from residents or local businesses (or their representatives) concerning nuisance and/or disorder;

• Identified the area in which problems were arising and the boundaries of that area.

The statistics gathered had resulted in 64-68 High Street, Hornchurch, RM12 4UW to be part of the Cumulative Impact Zone. The members were aware of issues of crime and disorder and public nuisance the area faced as identified in the council’s statement of licensing policy. Therefore it remained imperative that there was a rebuttal presumption to not to grant the application to vary the premises licence unless the applicant could demonstrate that granting the variation would not have an adverse  ...  view the full minutes text for item 1.