Agenda, decisions and minutes

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Items
No. Item

1.

APPLICATION TO VARY A PREMISES LICENCE - THE RISING SUN, 64-68 HIGH STREET, HORNCHURCH, RM12 4UW pdf icon PDF 1 MB

Decision:

 

Licensing Act 2003

Notice of Decision

 

 

PREMISES

The Rising Sun

64-68 High Street

Hornchurch

RM12 4UW

 

APPLICANT: Joseph Sullivan & Peter Faires

 

1.     Details of requested licensable activities

An application to vary a premises licence is made by Mr Joseph Sullivan and Mr Peter Faires under section 34 of the Licensing Act 2003. The application was received by Havering’s Licensing Authority on 15 April 2019.

 

The variation is to permit the following:

 

GROUND FLOOR

Plays, films, indoor sporting events, live music, recorded music, performances of dance, anything of a similar description to live music, recorded music or performances of dance, supply of alcohol

Day

Start

Finish

Monday to Sunday

10:00

02:00

 

GROUND FLOOR

Late night refreshment

Day

Start

Finish

Monday to Sunday

23:00

02:00

 

GROUND FLOOR

Hours premises open to the public

Day

Start

Finish

Monday to Sunday

10:00

02:30

 

 

FIRST FLOOR

Plays, films, indoor sporting events, live music, recorded music, performances of dance, anything of a similar description to live music, recorded music or performances of dance, supply of alcohol

Day

Start

Finish

Monday to Sunday

10:00

03:00

 

FIRST FLOOR

Late night refreshment

Day

Start

Finish

Monday to Sunday

23:00

03:00

 

FIRST FLOOR

Hours premises open to the public

Day

Start

Finish

Monday to Sunday

10:00

03:30

 

 

 

2.     Promotion of the Licensing Objectives

 

The Licensing Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under Section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy. 

 

The applicant acted in accordance with regulations governing the advertising of the application.

 

 

3.     Details of Representations

 

There were no representations against the application from any residents or businesses in the vicinity of the premises.

 

There were three representations against this application from responsible authorities, namely the Metropolitan Police, Havering’s Planning Authority and the London Fire Brigade.

 

Representations have been received from the Responsible Authorities on the grounds of the prevention of crime and disorder, public safety and public nuisance.

 

The applicant attended hearing and was represented by a Licensing Agent (Mr Hopkins) who made submissions on his behalf.     

 

The premises is situated within a cumulative impact zone (CIZ) as set out in Annex 1 to the Council’s Licensing Policy. Where representations are received against an application in the CIZ, there is a rebuttable presumption under the CIZ Policy to refuse the application unless the applicant can demonstrate that granting the licence will not add to existing problems in the area.    

As the premises is within a CIZ, The applicant has submitted an argument against the special policy.  The rebuttal statement was attached to the agenda pack in section three of the application.

 

The Police Licensing Officer (PC Adam Williams) attended as the objecting responsible authority. The Planning Authority made written representations against later opening hours to reduce public nuisance. 

 

The London Fire Brigade made written representations for public safety, but withdrew the same subject to a condition that any extended hours shall not be utilised until  ...  view the full decision text for item 1.

Minutes:

 

Mr Graham Hopkins & Ms Linda Potter (Licensing Agent to the applicant), Mr Joseph Sullivan and Lisa Hussein – for premises. Also in attendance was PC Adam Williams Police Licensing Officer and Mr Paul Jones, Havering Licensing Officer; the Legal Advisor to the Sub-Committee and the clerk to the Licensing Sub-Committee.

 

The Chairman advised Members and the public of action to be taken in the event of emergency evacuation of the Town Hall becoming necessary.

 

1             DECLARATION OF INTERESTS

 

Councillor Crowder made it known at the beginning of the hearing, that she had attended the opening of the premises in her capacity as Mayor of Havering. Councillor Crowder confirmed that she had no pecuniary interest and that she would remain impartial.

 

2             APPLICATION TO VARY A PREMISES LICENCE – THE RISING SUN

 

 

PREMISES

The Rising Sun

64-68 High Street

Hornchurch

RM12 4UW

 

APPLICANT

Mr Joseph Sullivan and Mr Peter Faires

 

Details of the application

 

Current premises licence hours were detailed on the licence contained within the agenda copy.  The variation applied for was as follows:

 

 

 

GROUND FLOOR

Plays, films, indoor sporting events, live music, recorded music, performances of dance, anything of a similar description to live music, recorded music or performances of dance, supply of alcohol

Day

Start

Finish

Monday to Sunday

10:00

02:00

 

GROUND FLOOR

Late night refreshment

Day

Start

Finish

Monday to Sunday

23:00

02:00

 

GROUND FLOOR

Hours premises open to the public

Day

Start

Finish

Monday to Sunday

10:00

02:30

 

FIRST FLOOR

Plays, films, indoor sporting events, live music, recorded music, performances of dance, anything of a similar description to live music, recorded music or performances of dance, supply of alcohol

Day

Start

Finish

Monday to Sunday

10:00

03:00

 

FIRST FLOOR

Late night refreshment

Day

Start

Finish

Monday to Sunday

23:00

03:00

 

FIRST FLOOR

Hours premises open to the public

Day

Start

Finish

Monday to Sunday

10:00

03:30

 

There were a series of non-standard timings as per the application.  The applicants also sought to modify the premises licence conditions as per the application.

 

There was one representation against this application from a responsible authority, namely Havering’s Planning Authority.

 

There were three representations against this application from responsible authorities, namely the Metropolitan Police, Havering’s Planning Authority and the London Fire Brigade.

 

The Sub-Committee noted that the London Fire Brigade had withdrawn it’s objection to the application following remedial works carried out by the applicants to the premises.

 

In a correspondence dated 9 July 2019, the London Fire Brigade confirmed that the matters detailed in the Commissioner's letter and schedule dated 10 May 2019, about which the Commissioner intended to make a representation to the Licensing Authority, have now been addressed to this Commissioner's satisfaction.

 

A condition had been agreed with the applicant to be included on the licence as follows:-

 

“The variation of the premises licence may be granted but any extended hours shall not be utilised until all works specified in Inspecting Officer Hallam’s Schedule of Works had been undertaken to the written satisfaction  ...  view the full minutes text for item 1.