This application to vary a premises licence is made by Mr Asif Khan under section 34 of the Licensing Act 2003. 

Licensing Act 2003

Notice of Decision

PREMISES

McKlunky's

185b High Street

Hornchurch

RM11 3XS

APPLICANT

Mr Asif Khan

Details of requested licensable activities

This application to vary a premises licence is made by Mr Asif Khan under section 34 of the Licensing Act 2003.  The application was received by Havering’s Licensing Authority on 4th June 2024.

The application seeks to permit the following licensable activity:

Details of the application

Current premises licence hours:

Variation applied for:

Non-standard timings

Public holiday weekends: Sunday and Monday – 23:00 to 02:00

Christmas Eve, New Year’s Eve – 23:00 to 02:00

Comments and observations on the application

The applicant acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertising of the application.

There were three representations against this application from responsible authorities. The Metropolitan Police, the Licensing Authority and Havering’s Environmental Health Department.

Introduction

1.    The Licensing Sub-Committee (“LSC”) has considered an application for the variation of the premises licence in respect of “McKlunky’s”, a takeaway located at 185B High Street Hornchurch RM11 3XS (“the premises”).

The current premises licence contains the following times in respect of late night refreshments:

Late Night Refreshment

Sunday to Thursday 23:00 to 00:00

Friday and Saturday 23:00 to 01:00

2.    The applicant sought to vary those hours to the following –

Sunday to Thursday 23:00 to 00:00

           Friday and Saturday 23:00 to 02:00

and to extend the Non-standard timings as follows –

Public holiday weekends: Sunday and Monday – 23:00 to 02:00

Christmas Eve, New Year’s Eve – 23:00 to 02:00

3.    In addition the Sub-Committee heard from the Applicant, Mr Asif Khan and his business partner.

Decision

4.    Having considered the written evidence and the oral submissions made during the hearing the Sub-Committee decided that the application to vary the licence times as set out above should be refused.

Reasons for the Decision

5.    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 2003 and the Council’s own Statement of Licensing Policy. 

6.    The premises is situated in the Hornchurch Cumulative Impact Zone (“CIZ”).  The Applicant had offered to extend the hours that the SIA was present on the premises to 2am but the Sub-Committee was concerned that the Applicant was unable to explain what the purpose of a CIZ is. He stated that there are residents near the premises and so the conditions can’t be breached. He stated that there is a precedent  ...  view the full decision text for item 5.