Agenda item
APPLICATION TO VARY A PREMISES LICENCE FOR THE DINER, 13 FARNHAM ROAD, ROMFORD, RM3 8ED.
Application to vary a premises licence for The Diner, 13 Farnham Road, Romford, RM3 8ED.
Decision:
Licensing Act 2003
Notice of Decision
PREMISES
The Diner,
13 Farnham Road,
Romford,
RM3 8ED
DETAILS OF APPLICATION
Application for a variation to a premises licenceunder section 34 of the Licensing Act 2003 (“the Act”).
APPLICANT
Mr Alan Masters,
70 Birch Road,
Romford,
RM7 8EP
&
Mr Michael O’Meara,
69 Birch Road,
Romford,
RM7 8EP
1. Details of the application
The current premises licence conditions
|
Recorded Music |
||
|
Day |
Start |
Finish |
|
Monday to Saturday |
08:00 |
22:00 |
|
Sunday |
09:00 |
17:00 |
|
Supply of alcohol |
||
|
Day |
Start |
Finish |
|
Monday to Saturday |
11:00 |
22:00 |
|
Sunday |
11:00 |
17:00 |
|
Christmas Day & New Year’s Day |
09:00 |
22:00 |
|
Hours premises open to the public |
||
|
Day |
Start |
Finish |
|
Monday to Saturday |
08:00 |
22:00 |
|
Sunday |
09:00 |
17:00 |
|
Christmas Day & New Year’s Day |
08:00 |
22:00 |
The application sought to permit the following:
|
Live Music |
||
|
Day |
Start |
Finish |
|
Saturday |
18:00 |
23:30 |
|
Christmas Eve & New Year’s Eve |
18:00 |
00:30 |
|
Recorded Music |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
08:00 |
23:00 |
|
Friday & Saturday |
08:00 |
00:00 |
|
Sunday |
09:00 |
21:00 |
|
Christmas Eve & New Year’s Eve |
08:00 |
00:30 |
|
Late Night Refreshment |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
23:00 |
23:30 |
|
Friday & Saturday |
23:00 |
00:30 |
|
Christmas Eve & New Year’s Eve |
23:00 |
01:00 |
|
Anything similar to live music, recorded music or performance of dance ( i.e. dancing by diners to live music)* |
||
|
Day |
Start |
Finish |
|
Saturday |
09:00** |
23:30 |
|
Christmas Eve & New Year’s Eve |
09:00 |
00:30 |
*Spontaneous dancing by diners would not constitute a licensable activity.
** The application had indicated 06:00; however, this had been confirmed as a typographical error.
|
Supply of alcohol |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
11:00 |
23:00 |
|
Friday & Saturday |
11:00 |
00:00 |
|
Sunday |
11:00 |
21:00 |
|
Christmas Eve & New Year’s Eve |
11:00 |
00:30 |
|
Hours premises open to the public |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
08:00 |
23:30 |
|
Friday & Saturday |
08:00 |
00:30 |
|
Sunday |
09:00 |
21:30 |
|
Christmas Eve & New Year’s Eve |
08:00 |
01:00 |
2. Promotion of the Licensing Objectives
The applicant completed the operating schedule, which formed part of the application, to promote the four licensing objectives.
The applicant acted in accordance with regulations 25 and 26 of the pertinent regulations governing the advertising of such applications. The required public notice was installed in the Havering Yellow Advertiser in the week ending 6 November, 2015 edition.
3. Details of Representations
Valid representations may only address the four licensing objectives
- The prevention of crime and disorder
- The prevention of public nuisance
- The protection of children from harm
- Public Safety.
There was just one representation against this application from a responsible authority.
Responsible Authorities
Metropolitan Police: None.
London Fire & Emergency Planning Authority (“LFEPA”): None.
Planning Control & Enforcement: Planning Control and Enforcement had objected under the licensing objective ‘Prevention of Public Nuisance’.
The Sub-Committee’s attention had been drawn to condition 2 attached to the planning permission (P1796.10) granted on 23 May 2011 for the change of use of the premises from Class A1 to Class A3 and the installation of extract ducting to the rear.
The condition stated:
“The premises shall not be used and no deliveries shall be made other than between the hours of 08:00 hours and 22:00 hours on Mondays to Saturdays and between 09:00 hours and 17:00 hours on Sundays without the prior consent in writing of the Local Planning Authority.”
In granting this planning permission [P1796.10] for the use of the premises, consideration had been given to the prevention of public nuisance; and most notably to the local residents located in close proximity. The application to vary the licence sought to have the use operating outside of the times previously approved by planning; which had not been appealed against or challenged / changed since. As this was the case, planning had objected to the application as it sought to have use operating past the approved times until the late hour (being open until 24:30hrs on a Saturday night); and would be contrary to licencing policy 007. This would increase the noise and activity in the late evening / night time (when there was a lower ambient noise level in the area) to a level that had not been prevalent to the distress of the local residents and to the general public, and was also deemed unacceptable and unneighbourly; and contrary to Licencing policy 008.
Furthermore, allowing alcohol to be served from 11:00hrs until 24:00hrs might increase the chance of persons under the influence loitering in the nearby areas, causing anti-social behaviour; which might be especially prevalent given the large pedestrianized areas; most notably along Hilldene Avenue.
Children & Families Service: None
Environmental Health Service: None
The Magistrates Court: None
Interested parties’ representation
None.
4. Applicant’s response.
Mr O’Meara had replied on behalf of the joint applicants. The applicants had submitted the planning application in 2010 for the change of use. The applicants were looking to establish a family themed restaurant and had applied for limited hours i.e. closing at 10:00pm on Mondays to Saturdays inclusive and 7:00 pm on Sundays.
Since the premises had opened other businesses had opened in the area with later opening hours and this had affected their business. There had been no incidents at their restaurant and they had utilised the Temporary Event Notice provisions on themed nights. These had attracted no adverse comments from neighbours, nor from noise control nor from the Police.
Mr O’Meara had explained that tickets were sold for the themed nights and they took no bookings for 18 year old and 21 year old parties.
The kitchen would be closed at 9.00pm but the licence would be required to serve hot drinks.
At the time the applicants had submitted the application to vary the licence they had submitted a fresh planning application. However, the public consultation period for the planning application would not expire until 19 December.
Mr O’Meara had indicated that he would be happy to amend the hours to comply with the proposed hours as set out in the new Licensing Policy due to come in to force in 2016.
5. Determination of Application
Decision
Following the hearing held on 7 December 2015, the Sub-Committee’s decision regarding the application to vary the Premises Licence for The Diner, 13 Farnham Road, Romford, Essex, RM3 8ED was as set out below, for the reasons shown:
The Sub-Committee was obliged to determine this application with a view to promoting the licensing objectives, which were:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
In making its decision, the Sub-Committee also had regard to the Guidance issued under Section 182 of the Licensing Act 2003 and Havering’s Licensing Policy.
In addition, the Sub-Committee had taken account of its obligations under s17 of the Crime and Disorder Act 1998, and Articles 1 and 8 of the First Protocol of the Human Rights Act 1998.
The Sub-Committee having considered the representation made on behalf of Planning and Enforcement and the response from the applicant resolved to grant the application for the following hours:
|
Live Music |
||
|
Day |
Start |
Finish |
|
Saturday |
18:00 |
23:30 |
|
Christmas Eve & New Year’s Eve |
18:00 |
00:30 |
|
Recorded Music |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
08:00 |
23:00 |
|
Friday & Saturday |
08:00 |
00:00 |
|
Sunday |
09:00 |
21:00 |
|
Christmas Eve & New Year’s Eve |
08:00 |
00:30 |
|
Late Night Refreshment |
||
|
Day |
Start |
Finish |
|
Friday & Saturday |
23:00 |
00:00 |
|
Christmas Eve & New Year’s Eve |
23:00 |
01:00 |
|
Anything similar to live music, recorded music or performance of dance ( i.e. dancing by diners to live music)* |
||
|
Day |
Start |
Finish |
|
Saturday |
09:00 |
23:30 |
|
Christmas Eve & New Year’s Eve |
09:00 |
00:30 |
*Spontaneous dancing by diners would not constitute a licensable activity.
|
Supply of alcohol |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
11:00 |
23:00 |
|
Friday & Saturday |
11:00 |
00:00 |
|
Sunday |
11:00 |
23:00 |
|
Christmas Eve & New Year’s Eve |
11:00 |
00:30 |
|
Hours premises open to the public |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
08:00 |
23:30 |
|
Friday & Saturday |
08:00 |
00:30 |
|
Sunday |
09:00 |
23:30 |
|
Christmas Eve & New Year’s Eve |
08:00 |
01:00 |
The Sub-Committee advised the applicant that he would not be able to implement these hours until he had received the appropriate planning permission.
6. Right of Appeal
Any party to the decision or anyone who has made a relevant representation [including a responsible authority or interested party] in relation to the application may appeal to the Magistrates’ Court within 21 days of notification of the decision. On appeal, the Magistrates’ Court may:
1. dismiss the appeal; or
2. substitute the decision for another decision which could have been made by the Sub Committee; or
3. remit the case to the Sub Committee to dispose of it in accordance with the direction of the Court; and
4. make an order for costs as it sees fit.
James Goodwin
Clerk to the Licensing Sub-Committee
Minutes:
PREMISES
The Diner,
13 Farnham Road,
Romford,
RM3 8ED
DETAILS OF APPLICATION
Application for a variation to a premises licenceunder section 34 of the Licensing Act 2003 (“the Act”).
APPLICANT
Mr Alan Masters,
70 Birch Road,
Romford,
RM7 8EP
&
Mr Michael O’Meara,
69 Birch Road,
Romford,
RM7 8EP
1. Details of the application
The current premises licence conditions
|
Recorded Music |
||
|
Day |
Start |
Finish |
|
Monday to Saturday |
08:00 |
22:00 |
|
Sunday |
09:00 |
17:00 |
|
Supply of alcohol |
||
|
Day |
Start |
Finish |
|
Monday to Saturday |
11:00 |
22:00 |
|
Sunday |
11:00 |
17:00 |
|
Christmas Day & New Year’s Day |
09:00 |
22:00 |
|
Hours premises open to the public |
||
|
Day |
Start |
Finish |
|
Monday to Saturday |
08:00 |
22:00 |
|
Sunday |
09:00 |
17:00 |
|
Christmas Day & New Year’s Day |
08:00 |
22:00 |
The application sought to permit the following:
|
Live Music |
||
|
Day |
Start |
Finish |
|
Saturday |
18:00 |
23:30 |
|
Christmas Eve & New Year’s Eve |
18:00 |
00:30 |
|
Recorded Music |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
08:00 |
23:00 |
|
Friday & Saturday |
08:00 |
00:00 |
|
Sunday |
09:00 |
21:00 |
|
Christmas Eve & New Year’s Eve |
08:00 |
00:30 |
|
Late Night Refreshment |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
23:00 |
23:30 |
|
Friday & Saturday |
23:00 |
00:30 |
|
Christmas Eve & New Year’s Eve |
23:00 |
01:00 |
|
Anything similar to live music, recorded music or performance of dance ( i.e. dancing by diners to live music)* |
||
|
Day |
Start |
Finish |
|
Saturday |
09:00** |
23:30 |
|
Christmas Eve & New Year’s Eve |
09:00 |
00:30 |
*Spontaneous dancing by diners would not constitute a licensable activity.
** The application had indicated 06:00; however, this had been confirmed as a typographical error.
|
Supply of alcohol |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
11:00 |
23:00 |
|
Friday & Saturday |
11:00 |
00:00 |
|
Sunday |
11:00 |
21:00 |
|
Christmas Eve & New Year’s Eve |
11:00 |
00:30 |
|
Hours premises open to the public |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
08:00 |
23:30 |
|
Friday & Saturday |
08:00 |
00:30 |
|
Sunday |
09:00 |
21:30 |
|
Christmas Eve & New Year’s Eve |
08:00 |
01:00 |
2. Promotion of the Licensing Objectives
The applicant completed the operating schedule, which formed part of the application, to promote the four licensing objectives.
The applicant acted in accordance with regulations 25 and 26 of the pertinent regulations governing the advertising of such applications. The required public notice was installed in the Havering Yellow Advertiser in the week ending 6 November, 2015 edition.
3. Details of Representations
Valid representations may only address the four licensing objectives
- The prevention of crime and disorder
- The prevention of public nuisance
- The protection of children from harm
- Public Safety.
There was just one representation against this application from a responsible authority.
Responsible Authorities
Metropolitan Police: None.
London Fire & Emergency Planning Authority (“LFEPA”): None.
Planning Control & Enforcement: Planning Control and Enforcement had objected under the licensing objective ‘Prevention of Public Nuisance’.
The Sub-Committee’s attention had been drawn to condition 2 attached to the planning permission (P1796.10) granted on 23 May 2011 for the change of use of the premises from Class A1 to Class A3 and the installation of extract ducting to the rear.
The condition stated:
“The premises shall not be used and no deliveries shall be made other than between the hours of 08:00 hours and 22:00 hours on Mondays to Saturdays and between 09:00 hours and 17:00 hours on Sundays without the prior consent in writing of the Local Planning Authority.”
In granting this planning permission [P1796.10] for the use of the premises, consideration had been given to the prevention of public nuisance; and most notably to the local residents located in close proximity. The application to vary the licence sought to have the use operating outside of the times previously approved by planning; which had not been appealed against or challenged / changed since. As this was the case, planning had objected to the application as it sought to have use operating past the approved times until the late hour (being open until 24:30hrs on a Saturday night); and would be contrary to licencing policy 007. This would increase the noise and activity in the late evening / night time (when there was a lower ambient noise level in the area) to a level that had not been prevalent to the distress of the local residents and to the general public, and was also deemed unacceptable and unneighbourly; and contrary to Licencing policy 008.
Furthermore, allowing alcohol to be served from 11:00hrs until 24:00hrs might increase the chance of persons under the influence loitering in the nearby areas, causing anti-social behaviour; which might be especially prevalent given the large pedestrianized areas; most notably along Hilldene Avenue.
Children & Families Service: None
Environmental Health Service: None
The Magistrates Court: None
Interested parties’ representation
None.
4. Applicant’s response.
Mr O’Meara had replied on behalf of the joint applicants. The applicants had submitted the planning application in 2010 for the change of use. The applicants were looking to establish a family themed restaurant and had applied for limited hours i.e. closing at 10:00pm on Mondays to Saturdays inclusive and 7:00 pm on Sundays.
Since the premises had opened other businesses had opened in the area with later opening hours and this had affected their business. There had been no incidents at their restaurant and they had utilised the Temporary Event Notice provisions on themed nights. These had attracted no adverse comments from neighbours, nor from noise control, nor from the Police.
Mr O’Meara had explained that tickets were sold for the themed nights and they took no bookings for 18 year old and 21 year old parties.
The kitchen would be closed at 9.30pm but the licence would be required to serve hot drinks.
At the time the applicants had submitted the application to vary the licence they had submitted a fresh planning application. However, the public consultation period for the planning application would not expire until 19 December.
Mr O’Meara had indicated that he would be happy to amend the hours to comply with the proposed hours as set out in the new Licensing Policy due to come in to force in 2016.
5. Determination of Application
Decision
Following the hearing held on 7 December 2015, the Sub-Committee’s decision regarding the application to vary the Premises Licence for The Diner, 13 Farnham Road, Romford, Essex, RM3 8ED was as set out below, for the reasons shown:
The Sub-Committee was obliged to determine this application with a view to promoting the licensing objectives, which were:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
In making its decision, the Sub-Committee also had regard to the Guidance issued under Section 182 of the Licensing Act 2003 and Havering’s Licensing Policy.
In addition, the Sub-Committee had taken account of its obligations under s17 of the Crime and Disorder Act 1998, and Articles 1 and 8 of the First Protocol of the Human Rights Act 1998.
The Sub-Committee having considered the representation made on behalf of Planning and Enforcement and the response from the applicant resolved to grant the application for the following hours:
|
Live Music |
||
|
Day |
Start |
Finish |
|
Saturday |
18:00 |
23:30 |
|
Christmas Eve & New Year’s Eve |
18:00 |
00:30 |
|
Recorded Music |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
08:00 |
23:00 |
|
Friday & Saturday |
08:00 |
00:00 |
|
Sunday |
09:00 |
21:00 |
|
Christmas Eve & New Year’s Eve |
08:00 |
00:30 |
|
Late Night Refreshment |
||
|
Day |
Start |
Finish |
|
Friday & Saturday |
23:00 |
00:00 |
|
Christmas Eve & New Year’s Eve |
23:00 |
01:00 |
|
Anything similar to live music, recorded music or performance of dance ( i.e. dancing by diners to live music)* |
||
|
Day |
Start |
Finish |
|
Saturday |
09:00 |
23:30 |
|
Christmas Eve & New Year’s Eve |
09:00 |
00:30 |
*Spontaneous dancing by diners would not constitute a licensable activity.
|
Supply of alcohol |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
11:00 |
23:00 |
|
Friday & Saturday |
11:00 |
00:00 |
|
Sunday |
11:00 |
23:00 |
|
Christmas Eve & New Year’s Eve |
11:00 |
00:30 |
|
Hours premises open to the public |
||
|
Day |
Start |
Finish |
|
Monday to Thursday |
08:00 |
23:30 |
|
Friday & Saturday |
08:00 |
00:30 |
|
Sunday |
09:00 |
23:30 |
|
Christmas Eve & New Year’s Eve |
08:00 |
01:00 |
The Sub-Committee advised the applicant that he would not be able to implement these hours until he had received the appropriate planning permission.
Supporting documents:
PDF 2 MB