Decisions

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.

Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.

Earlier - Later

Decisions published

20/10/2021 - Proposed revisions to local validation list and requirements for planning applications ref: 6308    Recommendations Approved

Decision Maker: Assistant Director of Planning

Decision published: 24/12/2021

Effective from: 20/10/2021

Lead officer: Catherine Culley


26/10/2021 - Communal Furniture for Sheltered Schemes ref: 6236    Recommendations Approved

Decision Maker: Director of Housing and Property

Decision published: 26/10/2021

Effective from: 26/10/2021

Lead officer: Katri Wilson


26/10/2021 - Procurement of Highways Trees Maintenance Services ref: 6235    Recommendations Approved

Decision Maker: Interim Assistant Director Public Realm

Decision published: 26/10/2021

Effective from: 26/10/2021

Lead officer: Jacki Ager


26/10/2021 - Procurement of Highway Weeds Control Services ref: 6234    Recommendations Approved

Decision Maker: Interim Assistant Director Public Realm

Decision published: 26/10/2021

Effective from: 26/10/2021

Lead officer: Jacki Ager


13/10/2021 - APPLICATION TO VARY A PREMISES CERTIFICATE - GROSVENOR LAWN TENNIS CLUB ref: 6233    For Determination

Decision Maker: Licensing Sub-Committee

Made at meeting: 13/10/2021 - Licensing Sub-Committee

Decision published: 22/10/2021

Effective from: 13/10/2021

Decision:

 

 

Licensing Act 2003

Notice of Decision

 

 

PREMISES

Grosvenor Lawn Tennis Club

Grosvenor Gardens

Upminster

RM14 1DL

 

 

 

1.      Details of requested licensable activities

The application to vary a club premises certificate (CPC) was made by Grosvenor Lawn Tennis Club under s.84 of the Licensing Act 2003.  The application was received by Havering’s Licensing Authority on 3 August 2021.

 

Details of the application

 

Current Club Premises Certificate hours:

 

On supplies of alcohol

Day

 

 

Monday to Thursday

12:00 to 14:30

16:30 to 22:30

Friday & Saturday

12:00 to 14:30

16:30 to 23:00

Sunday, Good Friday

& Christmas Day

12:00 to 14:00

19:00 to 22:30

 

Hours club open to members

Day

 

 

Monday to Thursday

12:00 to 14:50

16:30 to 22:50

Friday & Saturday

12:00 to 14:50

16:30 to 23:20

Sunday, Good Friday

& Christmas Day

12:00 to 14:20

19:00 to 22:50

 

 

Variation applied for:

 

On supplies of alcohol

Day

 

 

Monday to Wednesday

12:00 to 14:30

16:30 to 22:30

Thursday to Saturday

12:00 to 14:30

16:30 to 23:00

Sunday

12:00 to 14:30

19:00 to 22:30

 

 

Live music

Day

Start

Finish

Friday & Saturday

19:00

23:00

 

 

Recorded music

Day

Start

Finish

Monday to Thursday

09:30

22:30

Friday & Saturday

09:30

23:00

Sunday

09:30

22:00

 

Hours club open to members

Day

Start

Finish

Monday to Wednesday

09:30

23:00

Thursday

09:30

23:30

Friday & Saturday

09:30

24:00

Sunday

09:30

23:30

 

The application is also to allow alcohol to be consumed on the patio adjoining the

club house and on the passage overlooking the courts situated in front of the club

house.

 

The club has agreed to adopt the following condition:

 

The Challenge 25 proof of age policy will be operated and only a photographic driving licence, a valid passport, a valid UK Armed Forces / MOD photographic identity card with the bearer`s photograph on it or a Home Office approved proof of age card with the bearer`s photograph and the PASS logo / hologram on it will be accepted as proof of age.

 

Comments and observations on the application

 

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.

 

Decision

 

The Sub-Committee have considered an application to vary a club premises certificate, CPC of Grosvenor Lawn Tennis Club under s.84 of the Licensing Act 2003. The applicant seeks to vary the licence as stated in page 12 of agenda pack.

 

The Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under S182 of the Licensing Act and the Council’s own Statement of Licensing Policy.

 

Where relevant representations are made, the authority must, having regard to the representations and take such of the steps mentioned as follows, as it considers appropriate for the promotion of the licensing objectives; 

 

(a)  to modify the conditions of the licence;

(b)  to reject the whole or part of the application

 

Representations against the application have been received from 10 residents and representations in support of the application have been received from 2 residents.

 

Having read and heard all evidence, the Members have made the following decision with reasons.

 

1.    To Increase on Sale alcohol on Thursday nights from 16:30 to 22:30 to 16:30 to 23:30

 

The Sub-Committee found that increasing the sale of alcohol on sales to 23:00 would cause public nuisance to nearby residents. The members are concerned that the premises is situated in the middle of quiet residential street, which possesses no commercial or licensed premises within it. The character of the street makes it very likely that any noise will travel clearer and further during the night, in particular on a weeknight. By allowing this variation will result neighbouring residents to suffer from sound pollution by egressing club members. The Sub-Committee have already read representations that state neighbouring residents suffer from noise nuisance on Thursday nights and allowing an additional 30minutes of licensable activity in sensitive hours will amplify the issues faced by residents. The Sub-Committee are aware of local schools within the neighbourhood, which suggests that many of the neighbouring residents are likely to be young family with schoolchildren and working professionals. The residents are likely to be to be sleeping or preparing to sleep ahead of their respective endeavours the following day.

 

In addition, the Sub-Committee were told the club accommodates up to 60 persons within the club. The Sub-Committee appreciates that the nature of the club is a tennis club and not a premises set up for retail of alcohol. Never the less, the Sub-Committee accept that the variation can allow up to 60 club members to utilise the hours of 10:30pm to 11:00pm, thus whether the club members leave in a staggered approach or all at once, the sensitive hours in which they leave the club on to a residential street will cause public nuisance to the residents.

 

The Sub-Committee considered whether imposing conditions such a notices, dispersal policy or regular noise observations would be an appropriate step to promote the licensing objective, however,  were satisfied due to the location of the club, no condition will be able to competently prevent public nuisance. The Committee also reconciled the principle that beyond the immediate area surrounding the premises are matters for the personal responsibility of individuals under the law, however in this case, the immediate area around the premises are residential homes and naturally noise will be caused by leaving members.

Therefore, this variation is refused.

 

2.    Variation of opening hours

 

During the hearing, the sub-committee were informed by the applicant that they seek no variation in the opening and closings hours of the premises and the request on the application was an error in completing the form.

Therefore, no decision is required by the sub-committee.

 

3.    Live Music

 

No decision is required. The hours sought to play live music falls within the hours of where the club is permitted the on sale of alcohol.

4.    Recorded Music

 

Majority of the hours sought by the applicant to play recorded music falls within the hours where premises are open for the purposes of being used for the sale or supply and as such those hours are deregulated, requiring no licence to play the recorded music.

 

The following hours, where the sale of alcohol is not permitted, does require a licence.

Monday to Thursday - 09:30 to 12:00 & 14:30 to 16:30

Friday to Saturday - 09:30 to 12:00 & 14:30 to 16:30

Sunday - 09:30 to 12:00 & 14:00 to 19:00

 

The Sub-Committee found no representations were made against the application to permit the playing of recorded music during the hours stated above therefore the above hours are permitted to play recorded music.

 

5.    Variation of Premises Plans

 

The Sub-Committee found that allowing alcohol to be consumed on the patio adjoining the club house and on the passage overlooking the courts situated in front of the club house, will cause public nuisance to nearby residents, in particular Mr Martin who is a direct neighbour of the club.

 

The Sub-Committee had examined pictures of the patio area, which demonstrated the patio is directly adjacent to the Mr Martin’s garden and in front of the bedrooms his property. It was not disputed that the patio can accommodate up to 18 club members, a large number of persons in small confined space.

 

The Sub-Committee are in no doubt that including the patio within the licensable premises will cause public nuisance to the resident at all times, at any time of the day, as all hours are deemed to be sensitive hours  by the Sub-Committee given the area’s immediate proximity with neighbouring residents. The Members find the size and location of the patio speaks for itself; noise will be generated from club members, which will travel immediately to those living around the premises, significantly reducing the quality of the lives of residents.

 

It also appeared to the members that the applicant did not have regard to the council’s statement licensing policy, in particular policy number 16, which required the applicant to provide comprehensive details in their operating schedule on how the outside areas will be managed to prevent noise nuisance to the residents. Other than offering a condition to put up notices asking people leaving the club to keep noise to a minimum, nothing further was offered to promote the licensing objectives.

 

Again, the Members applied their minds to consider imposing conditions as a relevant step to promote the licensing objective. However, no condition can prevent the noise which will be conceived from members drinking on the patio area.

 

Therefore this variation is refused.

 

 

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.


22/10/2021 - 18 Waycross Road, Upminster RM14 1LY- Authorisation to extend the lease term in accordance with statutory provisions ref: 6232    Recommendations Approved

Decision Maker: Director of Housing and Property

Decision published: 22/10/2021

Effective from: 22/10/2021

Lead officer: Sharon Boyce


20/10/2021 - Minutes ref: 6222    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 20/10/2021 - Cabinet

Decision published: 21/10/2021

Effective from: 20/10/2021

Decision:

Cabinet:

 

Agreed the minutes as a true and correct record of the meeting held on 7th July, 2021 and authorised the Chair to sign them as such.


20/10/2021 - DECISION TO EXCLUDE THE PRESS AND PUBLIC ref: 6230    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 20/10/2021 - Cabinet

Decision published: 21/10/2021

Effective from: 20/10/2021

Decision:

Cabinet agreed to exclude the public and the press at this stage.


20/10/2021 - Update of the Council's Medium Term Financial Strategy (MTFS) and budget for 2022/23 ref: 6223    For Determination

Decision Maker: Cabinet

Made at meeting: 20/10/2021 - Cabinet

Decision published: 21/10/2021

Effective from: 20/10/2021

Decision:

Cabinet:

 

 

1.    Noted the financial context and position set out in the report

 

2.     Agreed the proposed consultation process and associated timetable as set out in section 6 of the report.

 


20/10/2021 - PHISH - Private Housing Investment for Settled Homes Proposal ref: 6231    For Determination

Decision Maker: Cabinet

Made at meeting: 20/10/2021 - Cabinet

Decision published: 21/10/2021

Effective from: 20/10/2021

Decision:

For the reasons set out in this report and its appendices Cabinet agreed that the Council:

 

1.    Acting as Shareholder to MLH, approve the Company Business Case with heads of terms attached at exempt Appendix 1 of the report.

 

2.    Enters into a service contract with MLH for the acquisition of assets to house homeless families delegated to the Director of Housing in consultation with Lead Cabinet Member for Housing.

 

3.    Enters into loan agreements at market rate with the Company of up to £62,319,000 including delegating to the Chief Finance Officer, the ability to authorise drawdowns, refinance against the loan facility and approve the terms in consultation with the Lead Cabinet Member for Finance. This is to be in place throughout the duration of the loan in line with the agreement including ensuring appropriate secure charges are registered to protect the Council’s interest as lender against each asset purchased.

 

4.    Enters into agreements with MLH whereby the Council HRA provide the relevant support services associated with the management of the assets delegated to the Director of Housing in consultation with Lead Cabinet member for housing.

 


20/10/2021 - Housing Asset Management Strategy ref: 6229    Recommendations Approved

Cabinet will be asked to approve the Housing Asset Management Strategy

Decision Maker: Cabinet

Made at meeting: 20/10/2021 - Cabinet

Decision published: 21/10/2021

Effective from: 20/10/2021

Decision:

Cabinet:

 

1.    Adopted the Housing Asset Management Strategy and the associated action plan as set out in Appendix 1 of the report.

 

Lead officer: Garry Knights


20/10/2021 - Housing Allocations Policy 2021 ref: 6224    Recommendations Approved

Cabinet will be asked to approve the Housing Allocations Policy

Decision Maker: Cabinet

Made at meeting: 20/10/2021 - Cabinet

Decision published: 21/10/2021

Effective from: 20/10/2021

Decision:

Cabinet:

 

 

1.     Approved the Housing Allocation Scheme attached in appendix 1 of the report.

 


21/10/2021 - Approval to award five contracts for the provision of Preventative Services. ref: 6219    Recommendations Approved

Following a competitive tender process, approval will be sought to award a prevention service contract.

Decision Maker: Strategic Director, People

Decision published: 14/10/2021

Effective from: 21/10/2021

Decision Maker: Strategic Director, People

Decision published: 21/10/2021

Effective from: 21/10/2021

Lead officer: Sandy Foskett


21/10/2021 - Lease extension for 5 Shenstone Gardens - to extend the lease for a further 90 years ref: 6226    Recommendations Approved

Decision Maker: Director of Housing and Property

Decision published: 21/10/2021

Effective from: 21/10/2021

Lead officer: Claire Grover


21/10/2021 - 142 Brentwood Road Romford RM1 2RX- Authorisation to extend the lease term ref: 6225    Recommendations Approved

Decision Maker: Director of Housing and Property

Decision published: 21/10/2021

Effective from: 21/10/2021

Lead officer: Claire Grover


21/10/2021 - 8 Bridge Close, Romford, RM7 0AU - release of funding to enable acquisition by Bridge Close Regeneration LLP ref: 6227    Recommendations Approved

For the Leader to agree the release of funding to enable the

acquisition of 8 Bridge Close by Bridge Close Regeneration LLP

Decision Maker: Leader of the Council

Decision published: 21/10/2021

Effective from: 28/10/2021

Lead officer: Nick Gyring-Neilsen


19/10/2021 - Minor Parking Schemes - Report 2- Minor Amendments ref: 6221    Recommendations Approved

Decision Maker: Interim Assistant Director Public Realm

Decision published: 19/10/2021

Effective from: 19/10/2021

Lead officer: Diane Bourne


23/08/2021 - APPLICATION TO VARY A PREMISES LICENCE ref: 6218    Recommendations Approved

Decision Maker: Licensing Sub-Committee

Made at meeting: 23/08/2021 - Licensing Sub-Committee

Decision published: 14/10/2021

Effective from: 23/08/2021

Decision:

 

 

Licensing Act 2003

Notice of Decision

 

 

PREMISES

Int Superstore 2 Ltd

91-93 Park Lane

Hornchurch

RM11 1BH

 

 

DETAILS OF THE APPLICATION

 

The application is for a variation to a premises licence:

 

Previous premises licence hours:

 

Alcohol off-supplies & hours premises

open to the public

Day

Start

Finish

Monday to Saturday

10:00

22:00

Sunday

11:00

22:00

Good Friday

08:00

22:30

Christmas Day 1

12:00

15:00

Christmas Day 2

19:00

22:30

 

Variation applied for.

 

 Alcohol off-supplies

Day

Start

Finish

Monday to Sunday

09:00

22:00

Good Friday, Christmas Day

08:00

22:30

 

Hours premises open to the public

Day

Start

Finish

Monday to Sunday

07:00

22:00

Good Friday, Christmas Day

08:00

22:30

 

The application was also to amend the layout of the premises in accordance with the premises plans supplied.

 

SUMMARY

 

There were four representations against this application from residents in the vicinity.

 

There was one representation against this application from a ward councillor.

 

There were no representations against this application from responsible authorities.

DECISION: Application Granted in Part with modified conditions on licence.

 

The Sub-Committee have considered an application for a variation to the licence for Int Superstore Ltd situated at 91-93 Park Lane Hornchurch RM11 1BH. Representations were made by Mrs Gemma Brooks and Mrs Janet Haworth, and Councillor Judith Holt both on the grounds of all four of the licencing objectives, each of whom made oral representations to supplement their written objections. Written representations were also received from Ms Linda Marshall on the grounds of all four of the licensing objectives, Mr Graham Stone on the ground of the prevention of public nuisance.

 

The Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under S182 of the Licensing Act and the Council’s own Statement of Licensing Policy. 

 

The Licensing Sub-Committee decided to grant the application in part with modified conditions to be placed on the licence.

 

The Sub-Committee granted the following modification to the premises licence on the condition that the Designated Premises Supervisor (DPS) had received appropriate training in relation to his own social and legal obligations, and their responsibilities regarding the sale of alcohol, with particular emphasis on the meaning of the Challenge 25 scheme. For the avoidance of doubt, the variation will only be effective once the applicant has provided evidence to the Licensing Team that such training has been completed.

 

The granted hours variations are as follows:-

 

Alcohol off-supplies

Day

Start

Finish

Monday to Sunday

09:00

22:00

Good Friday

08:00

22:30

Christmas Day

10:00

22:30

 

Hours premises open to the public

Day

Start

Finish

Monday to Sunday

07:00

22:00

Good Friday

08:00

22:30

Christmas Day

10:00

22:30

 

The application to amend the layout of the premises in accordance with the premises plans supplied is granted.

REASONS

 

The Sub-Committee decided that the proposed variation would meet the licensing objectives provided that key steps were taken to ensure that the DPS and any staff were sufficiently trained.

 

The Sub-Committee was sympathetic with the concerns raised by the residents and Councillor Holt. However, the representations related to the sale of alcohol until 22:00; the current premises licence already permits the applicant to sell alcohol until 22:00. Therefore, the Sub-Committee did not have jurisdiction to amend the existing licence beyond the scope of this application.

 

The Licensing Committee noted that there was no evidence put forward to it in relation to the extending of times in the morning Monday to Saturday.

 

Equally, the Sub-Committee did not feel that the fact that the fact that Christmas Day is a Christian holiday was a good justification for not granting the application. The Sub-Committee did consider that times of 10:00 was a more appropriate time on Christmas Day to prevent noise and disturbance detriment to residents.

 

The Sub-Committee was concerned by the admitted lack of understanding about the Challenge 25 scheme shown by the DPS and his daughter. This is one of the conditions offered by the applicant in the operating schedule of its application, in order to promote the licensing objectives of the prevention of children from harm. The Sub-Committee consider it necessary that the applicant is fully able to comply with its condition. Therefore, it is necessary that the DPS undertakes the necessary training as set out above.

 

In order to bolster the applicant’s ability to further the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance, the Sub-Committee requires it to ensure that there is full coverage of blind spots in the shop; and that there will be CCTV cameras at the front and back of the shop.

 

CONDITIONS

 

In addition to those conditions offered by the applicant in his application the Sub-Committee places the following further conditions on the Licence:-

  1. Prior to the variation taking effect the DPS will receive appropriate training in relation to his own social and legal obligations, and their responsibilities regarding the sale of alcohol, with particular emphasis on the meaning of the Challenge 25 scheme.

 

  1. The premises’ CCTV cameras will cover all parts of the interior of the shop and front and back exterior of the premises.

 

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.

 


14/05/2021 - APPLICATION TO VARY A PREMISES LICENCE - FOOD ALCOHOL EXPRESS, 65 PARK LANE, ROMFORD, HORNCHURCH, RM11 1BH ref: 6217    For Determination

Decision Maker: Licensing Sub-Committee

Made at meeting: 14/05/2021 - Licensing Sub-Committee

Decision published: 14/10/2021

Effective from: 14/05/2021

Decision:

Licensing Act 2003

Notice of Decision

 

 

 

PREMISES

Food Alcohol Express/Select and Save

65 Park Lane

Hornchurch

RM11 1BH

 

Details of the application

 

The application for a variation to a premises licence:

 

Amendment from

 

Alcohol off-supplies

Day

Start

Finish

Monday to Sunday

10:00

20:00

 

To

 

 Alcohol off-supplies

Day

Start

Finish

Monday to Sunday

06:00

22:00

 

The applicant wished to remove the following conditions

(added by consent at a hearing in 2019 on the initial application).

 

h. A maximum of two children shall be allowed in the premises at one time.

 

4. Alcohol:

a. There shall be no sales of bottles of spirits of less than 70cl capacity.

 

c. Beer, cider, stout and lager on sale shall not exceed 6% ABV.

 

d. There shall be no single item sales for:

i. cans of alcohol

ii. bottles of beer

iii. ready to buy bottles

 

e. Outside the permitted hours all alcohol shall be screened off from sale and display by a physical and lockable shutter to which the premises licence holder / DPS shall hold the keys.

 

7. A notice shall be displayed with a contact number and email address for the DPS or manager for local residents to register and resolve any complaints.

 

Comments and observations on the application

 

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.

SUMMARY

 

There were no representations against this application from any of the responsible authorities.

 

There were representations from two residents who live the vicinity of the premises.

 

There was also a representation from Councillor Judith Holt.

 

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 was represented by a licensing agent who made submissions on her behalf.     

Decision:

 

The Sub-Committee have considered an application for a variation to the licence for Food Alcohol Express/Select and Save situated at 65 Park Lane, Hornchurch, RM11 1BH. Representations were made by Mrs Gemma Brooks and Mrs Janet Haworth, both on the grounds of all four of the licencing objectives, as well as Councillor Judith Holt on the grounds of public safety, the prevention of public nuisance and the protection of children from harm. Mrs Brooks and Councillor Holt attended the hearing to make oral representations.

 

The Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under S182 of the Licensing Act and the Council’s own Statement of Licensing Policy. 

 

The Licensing Sub-Committee decided to deny the applicant’s application on this occasion.

REASONS

 

It was accepted by the Sub-Committee that the proposed variations would not promote the licensing objectives of the prevention of public nuisance, the prevention of crime and disorder or the protection of children from harm. The representations on this point from local residents, that there was already an existing problem of street drinking and groups of teenagers in the area that was likely to be exacerbated if the variations were to be granted, were consistent with the local knowledge held by the members on the Sub-Committee. The fact that there were no representations from the responsible authorities was considered. However, the Sub-Committee did not agree that this meant that no issues existed.

 

The Sub-Committee was aware that these conditions had been placed on the licences with the purpose of alleviating these pressures in the area. It was of particular concern to the Sub-Committee that the applicant wished to remove these conditions.

 

There were a number of variations applied for by the applicant in relation to sales of alcohol. The applicant’s application stated that “Alcohol will form approximately 15% of the goods on sale and as it is not the intended focus of the business there is an expectation that alcohol sales will have a limited impact on the area”. No evidence was presented in relation to the economic impact that the existing conditions might have on the business. The applicant’s representative suggested that there may be no sales of alcohol at 6am in the morning, but her client should have the facility to do so. Accordingly, the applicant did not put forward a strong economic argument for granting the variation.

Extended Hours

 

The Sub-Committee decided that extending the licensing hours would not meet the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance. This was because opening times of 6am and closing times of 10pm were likely to encourage street drinkers and problem drinkers to be attracted to the area. The applicant’s representative was not able to present reasons that were satisfactory to the Sub-Committee about why her client wished to be able to sell alcohol at 6am in the morning. As stated above, the Sub-Committee accepted the evidence of the residents and Councillor Holt that there were existing problems with street drinkers that would be added to if the extension of hours were granted.

A maximum of two children shall be allowed in the premises at one time.

 

The Sub-Committee considered the representations made by the applicant’s representative: that this condition was unenforceable (due to the need to ID children) and unnecessary, due to the fact that there were other conditions in place, such as till prompts and challenge 25. The Sub-Committee disagreed with the applicant’s representative in respect of the enforceability and believed that it would act as a deterrent to large groups of youths entering the shop. The sub-committee accepted the representations of the residents that there was a particular problem with groups of teens congregating in the area and asking adults to purchase alcohol for them. The Sub-Committee considers that this condition promotes the licensing objective of the protection of children from harm, as it limits the opportunity for youth theft of alcohol in the shop.

 

The sub-committee was not presented with any evidence or representations to suggest that this would be detrimental to the applicant’s business. Therefore, limited weight was given to this factor.

 

a. There shall be no sales of bottles of spirits of less than 70cl capacity.

 

The Sub-Committee considers this to be a standard condition in the Borough that is in place to discourage street drinkers and the anti-social behaviour. Therefore, granting this variation would not promote the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance.

 

The representation that this condition limited the range of products that the applicant wished to sell was given due consideration. However, as no clear economic reason for variation was presented to the Sub-Committee, it was decided that the risk to causing problems in the area outweighed the impact on the applicant.

c. Beer, cider, stout and lager on sale shall not exceed 6% ABV. d. There shall be no single item sales for: i. cans of alcohol ii. bottles of beer iii. ready to buy bottles

 

Again, the limiting of the strength of beers etc. and the number of units that they can be sold are standard licensing conditions that are considered necessary to discourage street drinkers and anti-social behaviour.

 

The Sub-Committee finds that it is necessary to keep these conditions in place to promote the licensing objectives of the prevention of crime and disorder/public nuisance reasons discussed above. In the absence of evidence to show the economic impact on the applicant this is deemed to be proportionate by the Sub-Committee.

 

e. Outside the permitted hours all alcohol shall be screened off from sale and display by a physical and lockable shutter to which the premises licence holder / DPS shall hold the keys.

 

The applicant’s representative presented the argument that the applicant should be able to display all of its goods as a matter of convenience. The Sub-Committee’s understanding of the applicant’s representations argument was that the licensing hours should be extending, thus obviating the need for shutters. However, in light of the fact that the extension to the licensing hours have not been granted, the Sub-Committee considers it to be appropriate that this condition remains in place.

7. A notice shall be displayed with a contact number and email address for the DPS or manager for local residents to register and resolve any complaints.

 

The Sub-Committee did not accept the representation that this would be intrusive or a breach of data protection. There is no reason why a business and email address could not be created for this purpose. It is considered necessary to promote the licensing objective of the prevention of public nuisance that residents are able to present their concerns to the applicant in a private and confidential manner and that this condition is in no way onerous to the licensee.

 

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.