Agenda item

 

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 all works specified in a schedule of works to the license holder by Officer Hallam is undertaken to the written satisfaction of the London Fire Brigade.

 

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. 

 

 

4.     Determination of Application

 

DECISION

 

Upon consideration of all submissions and representations, the Sub-Committee decided to refuse the application.

 

Reasons

 

Having considered and heard all of the evidence, the Sub-Committee considered with care the representations made by the responsible authorities and the submissions from the agent and the responses from the applicant.  

 

PC Adams Williams clarified that the premises did fall in the cumulative impact zone. The Police objection was on the variation to extend all licensing activities and weekend opening times by an additional hour and by having the same hours daily.

 

This would mean that:-

 

1.    Ground Floor - Rising Sun

a.    would be open from 10:00 – 02:30 daily

b.    with licensable activities from 10:00 – 02:00 daily

c.    and late night refreshments from 23:00 – 02:00 daily.

d.    On the nights the clocks go forward:-

                                          i.    to extend permitted hours for all licensable activities to 03:30

                                        ii.    to extend opening time to 04:00

 

2.    First Floor – Luna Bar

a.    would be open from 10:00 – 03:30 daily

b.    with licensable activities from 10:00 – 03:00 daily

c.    and late night refreshments from 23:00 – 03:00 daily.

d.    On the nights the clocks go forward:-

                                          i.    to extend permitted hours for all licensable activities to 04:00

                                        ii.    to extend opening time to 04:30

 

Mr Hopkins (Applicants Agent) asked the Sub-Committee to accept all conditions modifications immediately as the Police had objected only to the late opening hours.   The Sub-Committee decided to hear the full application and consider the impact of the conditions on the licensing objectives before granting or refusing the same.

 

PC Williams highlighted the late opening hours would make the premises the latest venue open in the Hornchurch town centre.   He had concerns about public safety, noise, crime, dispersal of crowds and the cumulative impact on the area.

 

PC Williams stated that the police had limited resources at this late time to travel to Hornchurch from neighbouring areas as 3.30am was a peak time for crime and in the neighbouring areas. With the lack of Police resources, if there was an incident inside or outside the premises or to the leaving patrons at these later hours, the public would be at risk.

 

This risk was aggravated by the large capacity of the venue which could house 330 people at any one time. 160 people downstairs and 170 people upstairs.

 

PC Williams clarified that where there had previously been Temporary Event Notices leading to later closing times, he had notified the appropriate personnel in advance to ensure that public safety could be upheld on those occasions. However, this would not be feasible on a routine basis as set out in the application.

The Sub-Committee heard from the applicant’s agent that the applicant would be willing to add a condition to provide a revised dispersal policy in 14 days.    He further stated that SIA security staff could stay 30 minutes after closing time to assist in dispersal.

 

In respect of the written representation from the Planning Authority that the ‘Function Hall’ (on ground floor) is only permitted to be open during the times stated below, the agent stated that any extended hours granted by the Licensing Sub-Committee beyond the Planning Authority permitted hours, would not be utilised if the hours breached the Planning Authority permitted hours. The current permitted opening times by the Planning Authority for the function hall are:-

 

1.    09:00 – 01:00 – Mon to Sat

2.    11:00 – 16:00 – Sun

 

The Sub-Committee found that allowing later opening times when the Police resources were unable to realistically cope with any potential incidents from the venue, would increase the risk to public safety. The Sub-Committee had further concerns that later closing hours would have a negative impact on the area, including nuisance and noise at later hours, with patrons more vulnerable to crime and disorder during these peak hours for the same.

 

The Sub-Committee noted that the applicant had applied to vary the security conditions – with a minimum of 2 SIA door supervisor staff and optional female SIA door supervisor; in replacement of Annex 3-condition 16 which requires one mandatory female SIA door supervisor and an ‘appropriate’ number of SIA door supervisors for the maximum occupancy figure.

 

The Police confirmed that the current police guidance is for 1 door supervisor for every 50 customers, with a maximum occupancy of 330 customers at any one time.   This would equate to a security need of 7 SIA door supervisors at full capacity, instead of a minimum of 2 door staff.

 

The Sub-Committee found that the removal of the current condition requiring an ‘appropriate’ number of SIA door supervisors and the removal of a mandatory female SIA door supervisor would dilute the security at the premises and would be detrimental to public safety.

 

The Sub-Committee further noted that the variation application requested a removal of condition Annex 2-condition 3 which requires that fire safety and health and safety risk assessments shall be in place at the premises and reviewed regularly.   There was no clarification from the PLH Agent as to why fire safety assessments should be removed. The Licensing Sub-Committee found this removal was not conducive to public safety.

 

On balance the Sub-Committee decided to refuse the application for the reasons stated above.

 

 

Right of Appeal

 

Any party who has made a relevant representation 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.

 

 

 

 

 

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 of the London Fire Brigade.”

 

Mr Paul Jones, Havering Licensing Officer presented the application.

 

PC Adam Williams, Police Licensing Officer, addressed the Sub-Committee and reiterated his written objection stating that the Police were objecting to part of the application, namely the terminal hours. The licensing objectives that Police were objecting under were the Prevention of Crime and Disorder, Public Safety and the Prevention of Public Nuisance.

 

The Sub-Committee was informed that the premises was located in a Cumulative Impact Zone (CIZ). Where this was in place, there was usually a presumption that applications for new premises licenses or variations to existing premises licenses (increase in hours, capacity or change of conditions) would be refused.

 

PC William narrated that violent crime in Havering occurred disproportionately during the hours of 10pm-2am period (extending to 4am in Romford Town), during and following a Friday and Saturday night. This included almost 1 in 4 assault with injury offences (Actual Bodily Harm) and a third of serious assaults (Grievous Bodily Harm). Furthermore, 1 in 5 sexual offences occur during this period.

 

The Sub-Committee noted that Hornchurch had a growing restaurant and late night premise economy, the second largest in Havering after Romford Town. A disproportionate amount of violent crime and disorder within Hornchurch continued to take place over the weekend from 9pm-3am (about 54%).

 

The Police contended that the requested hours would make the venue the latest venue open within the Hornchurch Town Centre. It was stated that if the premises remained open this could lead to the venue and surrounding pedestrian area becoming over-crowded by drinkers waiting to gain entry or pedestrians waiting for taxis outside the premises being forced to walk into the road. The Police also raised concern that a large number of already intoxicated people congregating could easily lead to anti-social behaviour and result in increased violent crime.

 

The Sub-Committee was also informed that the application had  not addressed how the premises would deal with possible issues such as measures to minimise the noise caused by patrons outside the premises, details of dispersal policies, or offer an area for patrons to use whilst waiting for taxis.

 

The Police Licensing Officer outlined the potential of noise nuisance as the premises was located in an area where there were residential properties and dispersal of patrons at the terminal hours of the application could lead to noise disturbances.

 

PC William concluded that on behalf of the Police his concern with regards the requested terminal hour of 03:00 hours and was of the opinion that the applicant had not satisfactorily addressed the licensing objectives in the application. It was also stated that the premises had always worked with the Police but on this application the Police did not have confidence that the venue would run efficiently in accordance with the requested licence conditions.

 

The applicant’s representative, Mr Hopkins addressed the Sub-Committee and stated that the application was a well thought though variation by his client. It was stated that Mr Joseph Sullivan and Mr Peter Faires took over the establishment in September 2017. The premises was in support of the CIZ policy that covered the location. Mr Hopkins stated that there were no negative impact with regards to the application.

 

The Sub-Committee was informed that the owners and premises was a well-managed, and that the owners were experienced and responsible operators.

 

Mr Hopkins clarified the following capacity numbers for the venue:

 

• Downstairs – 160 persons
• Upstairs - 170 persons

 

In response, Mr Hopkins informed the Sub-Committee that there would be six SIA personnel on duty at the premises until 30 minutes after dispersal of patrons.

 

The Sub-Committee noted that the intention was to remove off sales of alcohol from the premises licence. The premises proposed last admission was at 01:00 hours.

 

In response to an enquiry from the Sub-Committee, PC William outlined that the local neighbourhood Police team would be unable to cope with the extended hours.

 

Mr Hopkins reassured the Sub-Committee that the premises was a well-run operation, that robust sets of conditions had been outlined in the application and that the owners were ready to work with all the  Responsible Authorities to ensure the business was compliant.

 

 

 

	Chairman