Application for a vary premises licence at Albe Limited, 111 Upminster Road South Rainham, RM13 9AA made by Albe Limited under section 34 of the Licensing Act 2003 – Report attached
Decision:
Licensing Act 2003
Notice of Decision
PREMISES
Albe Limited
111 Upminster Road South
Rainham
RM13 9AA
DETAILS OF APPLICATION
Application to vary a premises licence under section 34 of the Licensing Act 2003 (“the Act”).
APPLICANT
Albe Limited
1. Details of the application
The application to vary the premises licence does not affect the hours of licensable
activity. The application is:
The premises currently has a premises licence to the below times
Supply of Alcohol (Off Supplies Only) |
||
Day |
Start |
Finish |
Monday to Sunday |
08:00hrs |
23:00hrs |
Variation applied for:
At the beginning of the hearing the applicant submitted the following revised application:
Supply of Alcohol (Off Supplies Only) |
||
Day |
Start |
Finish |
Monday to Wednesday |
08:00hrs |
01:00hrs |
Thursday to Saturday |
08:00hrs |
02:00hrs |
Sunday |
09:00hrs |
00:00hrs |
The following suggested conditions were offered:
relation to any complaints concerning people loitering outside etc.
people loitering outside and to politely ask them to leave the vicinity of the shop. If
people are abusive or refuse, staff shall call the Police to ask for assistance where necessary.
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 premises licence regulations 25 and 26 relating to the advertising of the application. The required newspaper advertisement was installed in the Yellow Advertiser on Wednesday 22 May 2013.
3. Details of Representations
Valid representations may only address the four licensing objectives
There was one valid representation against this application from interested parties.
This representation falls under the heading of the Prevention of Public Nuisance.
Responsible Authorities
Metropolitan Police: None
Licensing Authority: None
Public Health: None
The London Fire and Emergency Planning Authority: None
The Health & Safety Enforcing Authority: None
The Trading Standards Service: None
Planning Control & Enforcement: None
Children & Families Service: None
Practice Improvement Lead: None
Interested parties’ representations
This representation was based upon the prevention of Public Nuisance objective.
Ms G Price attended the hearing and informed the sub committee of her strong objections to the applied hours. She resides about 50 feet from the premises, since the premises opened in December 2012 there has been a steady increase in cars parking up and staying with car doors opening and closing. The subcommittee was also informed that the number of people gathering under the large orange canopy at the front of the premises till it closes was of concern. Ms Price was of the view that this will only increase in the summer months making sleeping impossible with windows open which is her right.
She stated that 02:00 hours is very excessive, and while she had sympathy for anyone trying to run a small business in the shadow of a 24/7 Tesco, she felt most strongly that she has a right as an individual to sleep in her own property without let hinder, noise or nuisance as do her neighbours.
Ms Price informed the sub committee that the applicant through his agent had been in consultation with her to negotiate the hours but a compromise was not reached, therefore Ms Price requested this application to be declined on the grounds of prevention of public nuisance.
4. Applicant’s response.
Reply for the Premises Licensee
Mr G Hopkins, agent for applicant addressed the Sub Committee. He stated that:
5. Determination of Application
Decision
Following the hearing held on 1 July 2013, the Sub-Committee’s decision regarding the application to vary a Premises Licence for Albe Limited 111 Upminster Road South Rainham RM13 9AA 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.
|
|
Facts/Issues |
|
|
Whether the granting of the premises licence would undermine the four licensing objectives. |
|
|
The prevention of Public Nuisance
|
Mr Hopkins mentioned to the subcommittee that client was aware of the problems narrated by Mrs Price and that Mr Ali Bektasogw and his staffs were taking appropriate measures to deal with the issues. That his client has offered conditions to assist with the application
The sub-committee noted that the strong objection from the representation of Mrs Price .
Mr Hopkins stated that the applicant had a CCTV system that covered both the front and inside of the premise to assist in preventing crime and disorder.
|
The Sub-Committee stated that they are very moved by the strong representation from Ms Price but are aware that hers is the only objection raised as against the application and there being no representation from the Police or any responsible authorities.
This being a residential area, and issues which affect such areas are well known and have been outlined, the sub committee must give some consideration to local residents.
The subcommittee appreciate that the applicant is a responsible person and that the conditions offered by the applicant are most reasonable.
After serious deliberation the subcommittee will grant a variation to the premise licence as follows:
Supply of Alcohol (Off Supplies Only) |
||
Day |
Start |
Finish |
Monday to Saturday |
08:00hrs |
01:00hrs |
Sunday |
09:00hrs |
00:00hrs |
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.
Minutes:
PREMISES
Albe Limited
111 Upminster Road South
Rainham
RM13 9AA
DETAILS OF APPLICATION
Application to vary a premises licence under section 34 of the Licensing Act 2003 (“the Act”).
APPLICANT
Albe Limited
1. Details of the application
The application to vary the premises licence does not affect the hours of licensable
activity. The application is:
The premises currently has a premises licence to the below times
Supply of Alcohol (Off Supplies Only) |
||
Day |
Start |
Finish |
Monday to Sunday |
08:00hrs |
23:00hrs |
Variation applied for:
At the beginning of the hearing the applicant submitted the following revised application:
Supply of Alcohol (Off Supplies Only) |
||
Day |
Start |
Finish |
Monday to Wednesday |
08:00hrs |
01:00hrs |
Thursday to Saturday |
08:00hrs |
02:00hrs |
Sunday |
09:00hrs |
00:00hrs |
The following suggested conditions were offered:
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 premises licence regulations 25 and 26 relating to the advertising of the application. The required newspaper advertisement was installed in the Yellow Advertiser on Wednesday 22 May 2013.
3. Details of Representations
Valid representations may only address the four licensing objectives
There was one valid representation against this application from interested parties.
This representation falls under the heading of the Prevention of Public Nuisance.
Responsible Authorities
Metropolitan Police: None
Licensing Authority: None
Public Health: None
The London Fire and Emergency Planning Authority: None
The Health & Safety Enforcing Authority: None
The Trading Standards Service: None
Planning Control & Enforcement: None
Children & Families Service: None
Practice Improvement Lead: None
Interested parties’ representations
This representation was based upon the prevention of Public Nuisance objective.
Ms G Price attended the hearing and informed the subcommittee of her strong objections to the applied hours. She resides about 50 feet from the premises, since the premises opened in December 2012 there had been a steady increase in cars parking up and staying with car doors opening and closing. The subcommittee was also informed that the number of people gathering under the large orange canopy at the front of the premises till it closes was of concern. Ms Price was of the view that this would only increase in the summer months making sleeping impossible with windows open which was her right.
She stated that 02:00 hours was very excessive, and while she had sympathy for anyone trying to run a small business in the shadow of a 24/7 Tesco, she felt most strongly that she had a right as an individual to sleep in her own property without let hinder, noise or nuisance as do her neighbours.
Ms Price informed the subcommittee that the applicant through his agent had been in consultation with her to negotiate the hours but a compromise was not reached, therefore Ms Price requested this application to be declined on the grounds of prevention of public nuisance.
4. Applicant’s response.
Reply for the Premises Licensee
Mr G Hopkins, agent for applicant addressed the Sub Committee. He stated that:
5. Determination of Application
Decision
Following the hearing held on 1 July 2013, the Sub-Committee’s decision regarding the application to vary a Premises Licence for Albe Limited 111 Upminster Road South Rainham RM13 9AA 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.
|
|
Facts/Issues |
|
|
Whether the granting of the premises licence would undermine the four licensing objectives. |
|
|
The prevention of Public Nuisance
|
Mr Hopkins mentioned to the subcommittee that client was aware of the problems narrated by Mrs Price and that Mr Ali Bektasogw and his staffs were taking appropriate measures to deal with the issues. That his client has offered conditions to assist with the application
The sub-committee noted that the strong objection from the representation of Mrs Price.
Mr Hopkins stated that the applicant had a CCTV system that covered both the front and inside of the premise to assist in preventing crime and disorder.
|
The Sub-Committee stated that they are very moved by the strong representation from Ms Price but are aware that hers is the only objection raised as against the application and there being no representation from the Police or any responsible authorities.
This being a residential area, and issues which affect such areas are well known and have been outlined, the subcommittee must give some consideration to local residents.
The subcommittee appreciate that the applicant is a responsible person and that the conditions offered by the applicant are most reasonable.
After serious deliberation the subcommittee will grant a variation to the premise licence as follows:
Supply of Alcohol (Off Supplies Only) |
||
Day |
Start |
Finish |
Monday to Saturday |
08:00hrs |
01:00hrs |
Sunday |
09:00hrs |
00:00hrs |
Supporting documents: