Agenda item

PREMISES

Iona Social Club

131/133 Hornchurch Road

 Hornchurch

 RM12 4SY

 

 

DETAILS OF APPLICATION

 

Application to vary a club premises certificate licence made under section 84 of the Licensing Act 2003 (“the Act”).

 

APPLICANT

Iona Social Club

131/133 Hornchurch Road

 Hornchurch

 RM12 4SY

 

 

 

1.         Details of existing licensable activities

 

The premises operate a Club Premises Certificate for the following licensable activities:

 

Live music, recorded music, provision of facilities for making music, provision of facilities for dancing and supply of alcohol.

 

Day                                                    Start                            Finish

            Monday to Saturday              11:00hrs                     23:00hrs

            Sunday & Good Friday                     12:00hrs                     22:30hrs

            Christmas Day                               12:00hrs                  15:00hrs

                                                                   19:00hrs              22:30hrs

           

 

2.         Details of requested licensable activities

 

 

 

 

 

 

 

 

 

 

 

3.         Promotion of the Licensing Objectives

 

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.  The required public notice was installed in the Havering Yellow Advertiser on 18 January 2012.  Due to a printing error in the notice, the newspaper subsequently corrected the notice and installed it in the following week’s edition.

 

 

4.         Details of Representations

 

Valid representations may only address the four licensing objectives.

 

There were two valid representations against this application from interested parties. The representations related to the prevention of public nuisance licensing objective.

 

The written representation by the first resident explained that they have to endure noise, screaming, shouting and fighting when members of the club leave the premises at night. That any extension will mean that they would have to endure this nuisance 7 days a week and on Bank holidays.

 

The second resident also raised concern in their representation that during the summer months the doors to the club are often left fully open which means that the music being played along with other related noise can be heard where they live at the far end of Northdown Road.

 

Responsible Authorities

 

Chief Officer of Metropolitan Police (“the Police”):None

 

London Fire & Emergency Planning Authority (“LFEPA”): None.

 

Health & Safety Enforcing Authority: None.

 

Planning Control & Enforcement:  None.

 

Public Health: None

 

Children & Families Service: None

 

Trading Standards Service: None

 

The Magistrates Court: None

 

 

5.         Determination of Application

 

Decision

 

Consequent upon the hearing held on 2 March 2012, the Sub-Committee’s decision regarding the application for a Premises Licence for the Iona Social Club 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 are:

·                     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 took 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.

 

Agreed Facts

Facts/Issues

 

Whether the granting of the premises licence would undermine the licensing objectives.

 

Neither of the interested parties attended the hearing.

 

Mr Fallon, a representative of the club, addressed the sub-committee in support of the application and in response to the objections raised:

 

• He stated that the applied extension was for the benefit of club members and extended family who attend the club.
• The hours requested incorporate a period of 30 minutes that the club could remain open after licensable activities cease to reduce members congregating outside the premises, for the benefit of neighbours and residents.
• The football, darts and golf teams that the Club supports will have the opportunity to enjoy a time of relaxing after they return from matches.
• The club is a family oriented club that does not want to damage its reputation. The Club has never attracted Police attention.

 

Mr Fallon made the following comments in response to the objections raised by interested parties:

 

·        That doors and windows are always closed in the evening as the premises was an air-conditioned building.

·        That the club had always applied for temporary events notice (“TENs”) on the dates of the non-standard timings sought, and applying for them will eliminate the club requirement for such TENs. They had not sought non-standard timings for bank holidays, as alleged.

·        That despite the allegations made in the first written representation, the club had nit received any notices from Environmental Health or the Police, and therefore no action had been taken by the objector.

·        The second representation is from an address a long way from the club, and Mr Fallon doubted whether they could actually identify that the noise came from Iona Social Club.

 

Having considered the written representations and oral responses, the Sub-Committee was satisfied that the applicant had addressed all the issues raised by the objectors.

 

The Sub-Committee stated that in arriving at this decision, it took into consideration the licensing objectives as contained in the Licensing Act 2003, the Licensing Guidelines as well as Havering Council’s Licensing Policy.

 

The Sub-Committee granted the application in full.