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Application to vary a premises licence made by ward Councillors Martin Goode, Darren Wise and Brian Eagling under section 51 of the Licensing Act 2003. (Papers attached)
Licensing Act 2003
Notice of Decision
91 Shepherds Hill
Councillors Martin Goode, Brian Eagling and Daren Wise
1. The Licensing Sub-Committee considered an application for a review of the premises licence for ‘Array Essex,’ situated at 91 Shepherds Hill Romford RM3 0NP.
2. The review was submitted by ward councillors Martin Goode, Darren Wise and Brian Eagling on behalf of local residents on the grounds that for a protracted period of time – over 18 months – the residents in a half mile radius from the premises have been continually affected by the premises’ alleged failure to promote the licensing objectives, in particular, the prevention of crime and disorder, the prevention of public nuisance and public safety. In addition, 43 local residents, the Council’s Licensing team, the Council’s Environmental Health team and the Metropolitan Police made respective supporting representations.
3. Having read all written representations and heard oral representations the members decided to modify the licensable hours and imposed additional conditions to promote the prevention of crime and disorder, the prevention of public nuisance and public safety licensing objectives.
4. Please note that all parties were reminded that no fresh evidence could be adduced at the hearing without the consent of all parties, pursuant to regulation 18 of the Licensing Act 2003 (Hearings) Regulations 2005.
5. Please note that the parties were reminded that any allegation made against the councillors who brought the review further to public office misconduct was not an issue for consideration by the members under the licensing regime and any such allegation should be properly directed to the Council’s Monitoring Officer.
6. Please note that the parties were reminded the powers available to the licensing sub-committee are not limited to simply reducing licensable hours but rather as listed in section 52(4) of the Licensing Act 2003. The parties were also reminded that in deciding which of these powers to invoke, the expectation of the sub-committee is that it should so far as possible seek to establish the cause or causes of the concerns that the representations identify. Therefore, any remedial action taken should generally be directed at these causes and should always be no more than an appropriate and proportionate response to address the causes of concern that instigated the review
7. The members found the representations collectively identified three causes of concern: parking issues in the environs of the premises, noise nuisance emanating from the premises and crime and disorder from patrons when leaving the premises.
8. The members reminded themselves that parking, in principle, is not a licensing issue, however, it can develop into a consideration for the committee if it can be demonstrated that the parking issues undermine any of the licensing objectives; in so doing, the issues can be causally linked to the premises.
9. The members read written representations and heard that the central issues raised by residents concerning parking involved anti-social parking in the immediate and neighbouring locality of the premises. ... view the full decision text for item 1.
The Licensing Sub-Committee convened to consider an application to review a premise licence for Array Essex.
Paul Jones, Licensing Officer presented his officers report on an application to review.
An adjournment of 30 minutes was taken to ensure the further evidence supported by Array could be considered.
The 3 ward Councillors were then asked to summarise their application and they concluded the following (each had 10 minutes to speak):
· The surrounding residents had experienced turmoil and serious incidents around anti-social behaviour from extended hour that were granted in March 2020.
· The disturbances mostly occurred during weekends in the quiet residential area whose residents were elderly and/ or families with young children. The area did not have public transport and generally experienced little traffic.
· There was a suggestion that the restaurant was a nightclub and that Array needed to be responsible for their clientele and control of their premises.
· There were no records of the application having been published with possible planning breeches also have taken place.
· The ward Councillors were requesting a reconsideration of opening hours due to the serious incidents.
PC Chris Stockman, the representative of the Chief Officer of Police then spoke describing some of incidences of anti-social behaviour that had been reported
Noting that the premises were located in a densely populated area. Stating further that there was no license for outside music and that Shisha has been now been banned.
Various questions were asked by the Sub – Committee around what had been presented by PC Stockman.
Mr Mike Richardson, Senior Public Protection Officer summarised a representation on noise.The report concluded that the main issues around noise were from people leaving and around the lounge area. It was to be noted that although the music was not loud enough to be considered a statutory nuisance it was loud enough to delay sleep for the residents.
Various questions were asked by the Sub – Committee around what had been presented by Mr Mike Richardson.
Mr David Dovey, Public Protection Officer summarised a report on public safety. The report concluded that there had been notices on procedure and problems around food filters. Shisha was a problem but that had now stopped.
Various questions were asked by the Sub – Committee around what had been presented by Mr David Dovey.
Mr Oisin Daly, Public Protection Officer, summarised the representation on public nuisance and a dispersal policy had been recommended and was being implemented by Array.
Various questions were asked by the Sub – Committee around what had been presented by Mr Oisin Daly.
6 allocated resident speakers summarised their representations and each were given 10 minutes to speak and the following was concluded:
· Highlighted various sections of the licensing act that had been breached around noise.
· Shared various videos showing excessive speed by cars, clientele behaviour and private car and taxis queue. Add to the public nuisance with excessive traffic and parking on the roads.
· Further explained that the car park was too small ... view the full minutes text for item 1.