Minutes:
Present at the hearing were Mr David Sawtell (applicant’s Solicitor), Mr Ali Bektasoglu (applicant) and Mr Daniel Aramide (Member of public).
Also present were Paul Campbell (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.
No interest was declared at this meeting.
PREMISES
Albe Limited
111 Upminster Road South
Rainham
RM13 9AA
DETAILS OF APPLICATION
Application for a premises licence under Section 17 of the Licensing Act 2003 (“the Act”).
APPLICANT
Albe Limited
111 Upminster Road South
Rainham
RM13 9AA
1. Details of requested licensable activities
|
Supply of Alcohol (Off Supplies Only) |
||
|
Day |
Start |
Finish |
|
Monday to Sunday |
08:00hrs |
23:00hrs |
Seasonal variations & non-standard timings:
There were no seasonal variations or non-standard timings requested.
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 complied 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 3 February 2012 edition of the Romford Recorder.
3. Details of Representations
There were two valid representations from Mr Rust and Mr Norman and a petition against the application from interested parties. The two representations fall under the heading of public nuisance.
The written representations against this application outlined the following reasons:
1) That there were already too many premises selling alcohol
2) That due to these premises there was trouble on the street with teenagers congregating outside, fighting, drinking and causing general public nuisance.
1) That as his car and property had been damaged, CCTV was installed.
2) In general Mr Rust raised concern about public safety and the level of nuisance already experienced in the area.
3) Mr Norman raised concern about youths converging outside Flames Kebab and causing a public nuisance late in to the evening.
4) That his rear yard had become a local corner dust bin due to the youths throwing wraps of food, beer bottles and other cans over his fence.
5) That fights often break out between rival groups under the influence of alcohol and drugs.
6) That there was a Junior and Infants school in the vicinity of the proposed premise.
The petition referred to public nuisance and under age drinking in the area.
The two interested parties did not attend the hearing.
There were no representations against this application from responsible authorities.
Responsible Authorities
Chief Officer of Metropolitan Police (“the Police”): None.
Trading Standards Service: None.
London Fire & Emergency Planning Authority (“LFEPA”): None.
Health & Safety Enforcing Authority: None.
Planning Control & Enforcement: None.
Public Health: None
Children & Families Service: None
The Magistrates Court: None
The representative for the applicants made the following submissions with regards the application:
1) That the supermarket already existed and operated
2) That the premise was not seeking to increase its floor space
3) That the applicant and the Police had agreed a reduced area for the display of alcoholic beverages area that was submitted at the hearing
4) That the premises had an arrangement not to undertake delivery between the hours of 22:00 – 08:00 hours
5) That there were no real concerns in this part of the borough to refuse the application. There were no police objections.
6) That the applicant was a responsible Director who also owned Flames Kebab in the area
7) That there was no concern in respect of the Premise Supervisor
4. Determination of Application
Decision
Consequent upon the hearing held on 28 March 2012, the Sub-Committee’s decision regarding the application for a Premises Licence for Albe 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 four licensing objectives.
The Sub Committee accepted the applicant’s oral submissions and the matters set out in section P of the application (pages 20-21 of the Agenda Papers)
Having considered the written representations and oral responses, the Sub-Committee was satisfied that the applicant had addressed all the issues raised.
The Sub Committee considered that the objections were too general in nature and did not relate to this premises and in the light of the absence of representations from the police and environmental health were satisfied that the licensing objectives would not be undermined by the granting of the application.
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 therefore granted the application for a premises licence for the reduced area agreed between the applicant and the police in full with the compulsory conditions and subject to the following additional conditions: