Agenda item

APPLICATION FOR A VARIATION OF A PREMISES LICENCE UNDER SECTION 34 OF THE LICENSING ACT 2003

Application for a variation to a premises licence at the William the Conqueror Petersfield Avenue, Romford RM3 9PB.

Decision:

Licensing Act 2003

Notice of Decision

 

PREMISES

William the Conqueror

Petersfield Avenue

Harold Hill

Romford

RM3 9PB

 

DETAILS OF APPLICATION

 

This application for a variation to a premises licence is made under section 17 of the   Licensing Act 2003 (“the Act”).

 

APPLICANT

Admiral Taverns Ltd

Suite H3

Steam Mill Business Centre

Steam Mill Street

Chester

CH3 5AN

 

1.         Details of the application

 

Supply of Alcohol; Live Music; Recorded Music, Performance of Dance; Anything similar to Live Music, Recorded Music, Performance of Dance

Day

Start

Finish

Monday to Thursday

11:00hrs

23:00hrs

Friday to Saturday

11:00hrs

00:00hrs

Sunday

12:00hrs

00:00hrs

Saturday

10:00hrs

00:00hrs

Sunday

10:00hrs

00:00hrs

 

 

 

 

 

Open Hours

Day

Start

Finish

Monday to Thursday

11:00hrs

23:30hrs

Friday to Saturday

11:00hrs

00:30hrs

Sunday

12:00hrs

23:30hrs

 

Current non-standard timings are:-

 

Alcohol shall not be sold or supplied except during permitted hours. In this condition permitted hours means:

(a)     On weekdays other than Christmas Day, Good Friday or New Year’s Eve as stated above.

(b)     On Sundays other than Christmas Day or New Year’s Eve as stated above.

(c)     On Good Friday 12:00 to 22:30

(d)     On Christmas Day 12:00 to 15:00 and 19:00 to 22:30

(e)     On New Year’s Eve except on a Sunday 10:00 to 23:00

(f)      On New Year’s Eve on a Sunday 12:00 to 22:30

(g)     On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or if there are no permitted hours on the following day 00:00 on 31st December)

 

2.         Variation applied for:

 

Supply of Alcohol; Live Music; Recorded Music, Performance of Dance; Anything similar to Live Music, Recorded Music, Performance of Dance

Day

Start

Finish

Friday and Saturday

11:00hrs

02:00hrs

 

Open Hours

Day

Start

Finish

Friday and Saturday

11:00hrs

02:30hrs

 

Seasonal variations

 

Additional hour to the standard and non-standard times on the day when British summertime commences.

 

Non-standard timings

 

To include the standard hours plus one extra hour for:

All Bank Holidays, Christmas Eve, Christmas Day, Boxing Day New Years Day.

 

From the start of standard timing on New Years Eve to the start of standard timing on New Years Day

 

Comments and observations on the application

 

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 20 December 2013 edition of the Romford Recorder.

 

 

3.            Details of Representations

 

Valid representations may only address the four licensing objectives.

 

·                     The prevention of crime and disorder

·                     Public safety

·                     The prevention of public nuisance

·                     The protection of children from harm

 

Summary

 

There was 1 valid representation against this application from interested parties.

 

There were 3 representations against this application from responsible authorities.

 

Details of representations

 

Valid representations may only address the following licensing objectives:

 

The prevention of crime and disorder

The prevention of public nuisance

The protection of children from harm

Public safety

 

Interested parties’ representations

 

A local resident, Ms Smith, based her representation on the prevention of public nuisance licensing objective.

 

Responsible Authorities’ representations

 

Mr Jones, on behalf of the Licensing Authority, made a representation under the prevention of public nuisance licensing objective.

 

PC Jason Rose made a representation on behalf of The Metropolitan Police based upon the prevention of crime & disorder and prevention of public nuisance licensing objectives.

 

Environmental Health (Noise) via Mr Gasson made representations based upon the prevention of public nuisance objective.

 

There were no representations from the following responsible authorities:

 

The London Fire and Emergency Planning Authority

The Health & Safety Enforcing Authority

The Trading Standards Service

Planning Control & Enforcement

Children & Families Service

Practice Improvement Lead

 

Subsequent to the issuing of the Licensing sub-committee agenda and prior to the hearing, there had been a successful resolution of the representations of the Responsible Authorities.

 

The request to extend the premises licence hours was withdrawn. The standard hours were to remain unchanged.

 

The request for the non-standard timings as submitted in relation to the extension of hours was withdrawn.  The non-standard timings were to be addressed by the addition of the following conditions:

 

  • In addition to the use of temporary event notices allowed under the Licensing Act 2003 (the Act) the premises may open on twelve non-standard occasions subject to a minimum of ten working days’ notice being given to the licensing authority, the local authority officer responsible for noise control and the Police for each occasion.  The prior written consent of the Police and the noise control officer shall be obtained and either shall have an absolute right to refuse any occasion.  A register shall be kept at the premises in the manner required by the licensing authority and made available for inspection by the Police, the noise control officer or any officer authorised under the Act and details of each occasion shall be recorded in it including the written consent of the Police and the noise control officer.

 

·         The licensee shall undertake a risk assessment of any promotion or event using the MPS Promotion/Event Risk Assessment (Form 696) or an equivalent and provide a copy to the Metropolitan Police Service and the licensing authority not less than 14 days before the event is due to take place.

 

·         Where an 'event' has taken place, the licensee shall complete an MPS after Promotion/Event, Debrief Risk Assessment (Form 696A) and submit this to the Metropolitan Police and the Licensing Authority within 3 days of the conclusion of the event. Submission of electronic documents by e-mail was preferred.

 

On that basis, all the responsible authorities withdrew their representations in advance of the hearing.

 

Applicant’s response

 

Mr Rathore, representing the applicant, confirmed that the applicants were satisfied with the conditions that had been presented by the Responsible Authorities.

 

Mr Rathore asked that the sub-committee considered re-wording condition one by inserting the following sentence

 

for the provision of existing licensable activities and additional licensable activities later than the standard hours but no later than 02.30am”

 

 

4.                       Determination of Application

 

Decision

 

Consequent upon the hearing held on 12 February 2014, the Sub-Committee’s decision regarding the variation of a Premises Licence for William the Conqueror, Romford.

 

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.

 

  • Having considered the written representations and oral responses, the Sub-Committee were satisfied that the application, in its modified form, would not pose any risk to the licensing objectives. The fact that the representations from the Responsible Authorities had been withdrawn indicated they were happy with the terms submitted, and the interested party’s remaining representation was largely irrelevant in light of the withdrawal of the application for further hours. The Sub-Committee therefore granted the application as applied for, with the proposed conditions as mentioned above without the additional sentence referred to in the applicant’s response. The Sub-Committee considered the proposed conditions to be sufficiently clear in their current format, and preferred to leave them as had been agreed with the responsible authorities, who had withdrawn their representations on that basis.

 

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.

 

 

 

Minutes:

 

PREMISES

William the Conqueror

Petersfield Avenue

Harold Hill

Romford

RM3 9PB

 

DETAILS OF APPLICATION

 

This application for a variation to a premises licence is made under section 17 of the   Licensing Act 2003 (“the Act”).

 

APPLICANT

Admiral Taverns Ltd

Suite H3

Steam Mill Business Centre

Steam Mill Street

Chester

CH3 5AN

 

1.         Details of the application

 

Supply of Alcohol; Live Music; Recorded Music, Performance of Dance; Anything similar to Live Music, Recorded Music, Performance of Dance

Day

Start

Finish

Monday to Thursday

11:00hrs

23:00hrs

Friday to Saturday

11:00hrs

00:00hrs

Sunday

12:00hrs

00:00hrs

Saturday

10:00hrs

00:00hrs

Sunday

10:00hrs

00:00hrs

 

 

 

 

 

Open Hours

Day

Start

Finish

Monday to Thursday

11:00hrs

23:30hrs

Friday to Saturday

11:00hrs

00:30hrs

Sunday

12:00hrs

23:30hrs

 

Current non-standard timings are:-

 

Alcohol shall not be sold or supplied except during permitted hours. In this condition permitted hours means:

(a)     On weekdays other than Christmas Day, Good Friday or New Year’s Eve as stated above.

(b)     On Sundays other than Christmas Day or New Year’s Eve as stated above.

(c)     On Good Friday 12:00 to 22:30

(d)     On Christmas Day 12:00 to 15:00 and 19:00 to 22:30

(e)     On New Year’s Eve except on a Sunday 10:00 to 23:00

(f)      On New Year’s Eve on a Sunday 12:00 to 22:30

(g)     On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or if there are no permitted hours on the following day 00:00 on 31st December)

 

2.         Variation applied for:

 

Supply of Alcohol; Live Music; Recorded Music, Performance of Dance; Anything similar to Live Music, Recorded Music, Performance of Dance

Day

Start

Finish

Friday and Saturday

11:00hrs

02:00hrs

 

Open Hours

Day

Start

Finish

Friday and Saturday

11:00hrs

02:30hrs

 

Seasonal variations

 

Additional hour to the standard and non-standard times on the day when British summertime commences.

 

Non-standard timings

 

To include the standard hours plus one extra hour for:

All Bank Holidays, Christmas Eve, Christmas Day, Boxing Day New Years Day.

 

From the start of standard timing on New Years Eve to the start of standard timing on New Years Day

 

Comments and observations on the application

 

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 20 December 2013 edition of the Romford Recorder.

 

 

3.            Details of Representations

 

Valid representations may only address the four licensing objectives.

 

·                     The prevention of crime and disorder

·                     Public safety

·                     The prevention of public nuisance

·                     The protection of children from harm

 

Summary

 

There was 1 valid representation against this application from interested parties.

 

There were 3 representations against this application from responsible authorities.

 

Details of representations

 

Valid representations may only address the following licensing objectives:

 

The prevention of crime and disorder

The prevention of public nuisance

The protection of children from harm

Public safety

 

Interested parties’ representations

 

A local resident, Ms Smith, based her representation on the prevention of public nuisance licensing objective.

 

Responsible Authorities’ representations

 

Mr Jones, on behalf of the Licensing Authority, made a representation under the prevention of public nuisance licensing objective.

 

PC Jason Rose made a representation on behalf of The Metropolitan Police based upon the prevention of crime & disorder and prevention of public nuisance licensing objectives.

 

Environmental Health (Noise) via Mr Gasson made representations based upon the prevention of public nuisance objective.

 

There were no representations from the following responsible authorities:

 

The London Fire and Emergency Planning Authority

The Health & Safety Enforcing Authority

The Trading Standards Service

Planning Control & Enforcement

Children & Families Service

Practice Improvement Lead

 

Subsequent to the issuing of the Licensing sub-committee agenda and prior to the hearing, there had been a successful resolution of the representations of the Responsible Authorities.

 

The request to extend the premises licence hours was withdrawn. The standard hours were to remain unchanged.

 

The request for the non-standard timings as submitted in relation to the extension of hours was withdrawn.  The non-standard timings were to be addressed by the addition of the following conditions:

 

  • In addition to the use of temporary event notices allowed under the Licensing Act 2003 (the Act) the premises may open on twelve non-standard occasions subject to a minimum of ten working days’ notice being given to the licensing authority, the local authority officer responsible for noise control and the Police for each occasion.  The prior written consent of the Police and the noise control officer shall be obtained and either shall have an absolute right to refuse any occasion.  A register shall be kept at the premises in the manner required by the licensing authority and made available for inspection by the Police, the noise control officer or any officer authorised under the Act and details of each occasion shall be recorded in it including the written consent of the Police and the noise control officer.

 

·         The licensee shall undertake a risk assessment of any promotion or event using the MPS Promotion/Event Risk Assessment (Form 696) or an equivalent and provide a copy to the Metropolitan Police Service and the licensing authority not less than 14 days before the event is due to take place.

 

·         Where an 'event' has taken place, the licensee shall complete an MPS after Promotion/Event, Debrief Risk Assessment (Form 696A) and submit this to the Metropolitan Police and the Licensing Authority within 3 days of the conclusion of the event. Submission of electronic documents by e-mail was preferred.

 

On that basis, all the responsible authorities withdrew their representations in advance of the hearing.

 

Applicant’s response

 

Mr Rathore, representing the applicant, confirmed that the applicants were satisfied with the conditions that had been presented by the Responsible Authorities.

 

Mr Rathore asked that the sub-committee considered re-wording condition one by inserting the following sentence

 

for the provision of existing licensable activities and additional licensable activities later than the standard hours but no later than 02.30am”

 

 

4.                       Determination of Application

 

Decision

 

Consequent upon the hearing held on 12 February 2014, the Sub-Committee’s decision regarding the variation of a Premises Licence for William the Conqueror, Romford.

 

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.

 

  • Having considered the written representations and oral responses, the Sub-Committee were satisfied that the application, in its modified form, would not pose any risk to the licensing objectives. The fact that the representations from the Responsible Authorities had been withdrawn indicated they were happy with the terms submitted, and the interested party’s remaining representation was largely irrelevant in light of the withdrawal of the application for further hours. The Sub-Committee therefore granted the application as applied for, with the proposed conditions as mentioned above without the additional sentence referred to in the applicant’s response. The Sub-Committee considered the proposed conditions to be sufficiently clear in their current format, and preferred to leave them as had been agreed with the responsible authorities, who had withdrawn their representations on that basis.

 

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.

 

 

 

Supporting documents: