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Items
No. Item

1.

APPLICATION FOR A PREMISES LICENCE AOZORA SUSHIi, 13 ELM PARADE SHOPS, ELM PARK AVENUE, HORNCHURCH, RM12 4SA pdf icon PDF 17 KB

Document attached

Additional documents:

Decision:

 

Licensing Act 2003

Notice of Decision

 

 

 

 

PREMISES

Aozora Sushi

13 Elm Parade Shops

Elm Park Avenue

Hornchurch

RM12 4SA

 

DETAILS OF THE APPLICATION

The Sub-Committee have considered an application for a new premises licence for Aozora Sushi, situated at 13 Elm Parade Shops Elm Park Avenue Hornchurch RM12 4SA, and representations against the application have been received from:

 

-          The Council’s Noise Team, on the grounds of the prevention of public nuisance.

 

SUMMARY

 

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. Where relevant representations are made, the authority must hold a hearing and then take such steps, as it considers necessary for the promotion of the licensing objectives (section 18(3), LA 2003). These steps may include rejecting the application, or modifying the conditions to the extent that the authority considers necessary for the promotion of the licensing objectives

 

DECISION

 

Having considered and heard all of the evidence, the Sub-Committee grant the application as follows

Premises Opening and Closing Times:

 

i)              Sunday to Thursday from 11:00 to 23:00 including Bank Holidays

ii)             Friday & Saturday from 11:00 hours to 00:00 hours

 

Provision of the sale of alcohol

 

iii)           Sunday to Thursday from 11:00 to 23:00 including Bank Holidays

 

 

iv)           Friday & Saturday from 11:00 hours to 00:00 hours

 

Provision of late night refreshment

 

v)            Friday & Saturday from 23:00 hours to 00:00 hours

 

In arriving to a determination, the members noted the Council’s Noise Team made representations against the application as relevant authority. Representative authorities act as source of advice to members, and on this occasion, the members heard that the Council’s Noise team expressed their concerns of noise nuisance to be caused to residents should the application be granted as requested. 

Since the written representations against the application, The Council’s Noise Team had examined the council’s revised statement of licensing policy. During the hearing, they stated they take no issue with the premises being permitted to provide late night refreshment and provision of the sale of alcohol on Fridays and Saturdays up until midnight but maintain their position that the sale of alcohol and late night refreshment from Sundays to Thursdays up until midnight will cause public nuisance to residents.

The Council’s Noise Team stated that although no complaints have been received concerning the premises, the premises sits directly underneath residential home. There are also residential homes opposite the premises. During the evenings, the area can be described as more of residential area than a commercial area. Given the location of the premises, permitting the premises to sell alcohol and late night refreshment after 11pm will cause residents above the premises to suffer from noise pollution caused by delivery drivers and patrons of the premises.

The members accepted this representation as the members were told by the applicant that the premises relies mostly on delivery sales. The members found that it is more than likely that delivery drivers  ...  view the full decision text for item 1.

Minutes:

 

Licensing Act 2003

Notice of Decision

 

 

 

 

PREMISES

Aozora Sushi

13 Elm Parade Shops

Elm Park Avenue

Hornchurch

RM12 4SA

 

DETAILS OF THE APPLICATION

The Sub-Committee have considered an application for a new premises licence for Aozora Sushi, situated at 13 Elm Parade Shops Elm Park Avenue Hornchurch RM12 4SA, and representations against the application have been received from:

 

-          The Council’s Noise Team, on the grounds of the prevention of public nuisance.

 

SUMMARY

 

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. Where relevant representations are made, the authority must hold a hearing and then take such steps, as it considers necessary for the promotion of the licensing objectives (section 18(3), LA 2003). These steps may include rejecting the application, or modifying the conditions to the extent that the authority considers necessary for the promotion of the licensing objectives

 

DECISION

 

Having considered and heard all of the evidence, the Sub-Committee grant the application as follows

Premises Opening and Closing Times:

 

i)              Sunday to Thursday from 11:00 to 23:00 including Bank Holidays

ii)             Friday & Saturday from 11:00 hours to 00:00 hours

 

Provision of the sale of alcohol

 

iii)           Sunday to Thursday from 11:00 to 23:00 including Bank Holidays

 

 

iv)           Friday & Saturday from 11:00 hours to 00:00 hours

 

Provision of late night refreshment

 

v)            Friday & Saturday from 23:00 hours to 00:00 hours

 

In arriving to a determination, the members noted the Council’s Noise Team made representations against the application as relevant authority. Representative authorities act as source of advice to members, and on this occasion, the members heard that the Council’s Noise team expressed their concerns of noise nuisance to be caused to residents should the application be granted as requested. 

Since the written representations against the application, The Council’s Noise Team had examined the council’s revised statement of licensing policy. During the hearing, they stated they take no issue with the premises being permitted to provide late night refreshment and provision of the sale of alcohol on Fridays and Saturdays up until midnight but maintain their position that the sale of alcohol and late night refreshment from Sundays to Thursdays up until midnight will cause public nuisance to residents.

The Council’s Noise Team stated that although no complaints have been received concerning the premises, the premises sits directly underneath residential home. There are also residential homes opposite the premises. During the evenings, the area can be described as more of residential area than a commercial area. Given the location of the premises, permitting the premises to sell alcohol and late night refreshment after 11pm will cause residents above the premises to suffer from noise pollution caused by delivery drivers and patrons of the premises.

The members accepted this representation as the members were told by the applicant that the premises relies mostly on delivery sales. The members found that it is more than likely that delivery drivers  ...  view the full minutes text for item 1.