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.
01/07/2020 - Funding of the Colleges bulk member transfer to London Pension Fund Authority ref: 5667 Recommendations Approved
Decision Maker: Statutory Section 151 Officer Finance
Decision published: 01/07/2020
Effective from: 01/07/2020
Lead officer: Debbie Ford
29/06/2020 - Bereavement Services - Re-opening of Services ref: 5668 Recommendations Approved
An urgent decision is required by the Chief Executive to restore the Bereavement Services following the outbreak of Covid 19.
Decision Maker: Chief Executive
Decision published: 01/07/2020
Effective from: 29/06/2020
Lead officer: Louise Roast
30/06/2020 - Globe Road- Replacing flat top speed control humps to sinusoidal shape speed control humps ref: 5666 Recommendations Approved
Decision Maker: Assistant Director of Neighbourhoods
Decision published: 30/06/2020
Effective from: 30/06/2020
Lead officer: Velup Siva
16/06/2020 - APPLICATION FOR A PREMISES LICENCE - ACE COFFEE & BAGEL, 1 STATION ROAD, UPMINSTER, RM14 2SJ ref: 5665 For Determination
Decision Maker: Licensing Sub-Committee
Made at meeting: 16/06/2020 - Licensing Sub-Committee
Decision published: 29/06/2020
Effective from: 16/06/2020
Decision:
Licensing Act 2003
Notice of Decision
DETAILS OF APPLICATION
PREMISES
Ace Coffee & Bagel
1 Station Road
Upminster
RM14 2SJ
Details of the application
The application was to permit the following licensable activity:
Alcohol on- and off-supplies |
||
Day |
Start |
Finish |
Monday to Sunday |
08:00 |
23:00 |
Hours premises are open to the public |
||
Day |
Start |
Finish |
Monday to Sunday |
08:00 |
23:30 |
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 residents of businesses in the vicinity of the premises.
There were two representations against this application from responsible authorities, namely the Police and the Planning Authority.
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 his behalf.
Decision
The Sub-Committee have considered an application for a new premises licence for Ace Coffee and Bagel situated at 1 Station Road Upminster RM14 2SJ. Representations were originally made by a) the Council's Licensing Authority on the grounds of the Prevention of Public Nuisance and the Protection of children from harm, b) the police on the grounds of the Prevention of Crime and Disorder and the Prevention of Public Nuisance and c) the council’s Planning Team.
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 licence to the applicant.
REASONS
Withdrawal of Representations
On the morning of the hearing the Licensing Sub-Committee was informed that, as a result of the applicant’s response to the representations made by the police and the Licensing Authority, those representations had been withdrawn. This left only the representations from the Planning Team.
The Planning team representations stated the following:
“An application was previously refused on this site for the change of use under application reference J0030.18 for the change of Use from general retail A1 Use to A3 Café (Decision notice will be sent through as well). The running of this business at this site is considered to be unlawful due to the works being carried out without the benefit of planning permission. It is unknown whether the new use would be acceptable or not because it has not been tested through a planning application. The lack of permission also means there are no standard controls on the operations at the premises such as noise, hours of use and ensuring any extract machinery are of a satisfactory standard. Accordingly this licence is strongly objected to.”
A LBH Planning Control decision notice dated 23.11.18 in respect of the premises was included with the Planning representation. In the Notice Planning Control refused to grant an application for prior approval for a change of use at the premises from A1 general retail to A3 café.
“In this instance the change of use for which prior approval is sought has already taken place. The application therefore fails to comply with Condition C.2(2) of Class C which requires that for a change of use from A1 to A3 the prior approval of the authority will be required as to the items referred to in sub-paragraphs 1(a) to (f) of condition C.21 and the provisions of paragraph W (prior approval) of this part apply in relation to that application
Therefore, prior approval is refused.”
Therefore, it appeared that the planning team had not raised any relevant objections based on the 4 licensing objectives as required by paragraph 9.4 of the Guidance issued under section 182 of the Licensing Act 2003
In addition, the Sub-Committee noted that it was not bound by the decisions of the Planning Committee as set out at paragraph 14.64 of the S182 Guidance which states that:
“The planning and licensing regimes involve consideration of different (albeit related) matters. Licensing committees are not bound by decisions made by a planning committee and vice versa”
The Sub-Committee therefore determined that the licence should be granted.
On-site Toilet
The Sub-Committee was concerned at what appeared to be an absence of toilets for customers at the premises. It appeared that customers would need to go to the adjoining premises, (the 2 properties share the same owner), via a connecting corridor to use the toilets there. Although aware that “Conditions should not be imposed on a premises licence or club premises certificate which relate to cleanliness or hygiene.“ as set out at paragraph 2.7 of the s182 Guidance, the Sub-Committee nevertheless encourages the applicant to provide toilets on the premises
Conditions
Conditions
The Sub-Committee granted the licence with the following conditions:
Premises Opening and Closing Times:
1. Monday to Sunday 08:00 hours to 23:30 hours
Licensable Activities:
2. Sale of Alcohol (off premises and on premises)
Monday to Sunday 08:00 hours to 2300 hours
3. The premises license holder shall ensure that the premises shall install, operate and maintain a Closed-Circuit Television (CCTV) system to the satisfaction of Havering Borough/Metropolitan Police.
4. The premises licence holder shall ensure that the CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and signage to this effect is to be displayed
5. The premises licence holder shall ensure that all CCTV recordings shall be stored for a minimum of 31 days. Recordings shall be made available following the reasonable request of police or authorised officer throughout the preceding 31-day period on production of the appropriate Data Protection request form.
6. The premises licence holder shall ensure that any refusals of sale of age - related products are recorded in a refusals log as soon as is reasonably practicable after the sale is refused. The log should show the date and time of the event; the product(s) sought; the gender and approximate age of the customer together with a description of the customer. The refusals log shall be made available for inspection by the licensing team, police or trading standards and kept at the premises for six months.
7. The premises licence holder shall operate a ‘Challenge 25’, or similar scheme at the premises whereby anyone who appears to be under the age of 25 shall be asked to provide proof of age that he or she is over 18. Proof of age shall only comprise of a passport a photo - card driving licence or an industry approved proof of age identity card.
8. The premises licence holder shall ensure that reasonable and adequate staff training shall be carried out and properly documented in relation to: dealing with incidents and prevention of crime and disorder, sale of alcohol (to underage persons; persons over 18 purchasing for underage; drunks etc) prior to being allowed to sell alcohol.
9. The premises licence holder shall ensure that notices shall be prominently displayed in the premises to advise patrons and staff that a ‘Challenge 25’ or similar scheme operates in the premises.
10. Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served on the premises.
11. The premises licence holder shall ensure that notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.
12. The supply of alcohol on the premises shall only be to persons seated taking a table meal there and for consumption by such persons as ancillary to their meal.
13. Alcohol is to be served in polycarbonate, plastic or shatter-proof glasses
14. There will be no more than 5 smokers at any one time.
15. Alcohol will not be permitted to be consumed outside and a notice will be displayed to say the same.
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.
Richard Cursons
Clerk to the Sub-Committee
29/06/2020 - Exit strategy for Parking following the outbreak of Covid-19 in March 2020 ref: 5664 Recommendations Approved
The Director will be asked to agree the Parking Exit Strategy following the Covid 19 Pandemic.
Decision Maker: Director Neighbourhoods
Decision published: 29/06/2020
Effective from: 29/06/2020
25/06/2020 - Authority to award a contract in relation to the construction of a school expansion at Mead Primary School ref: 5661 Recommendations Approved
The Director of Children’s Services will be asked to award a contract for the design and construction of a two storey extension at Mead Primary School
Decision Maker: Director Children's Services
Decision published: 25/06/2020
Effective from: 02/07/2020
Decision Maker: Director Children's Services
Decision published: 25/06/2020
Effective from: 02/07/2020
Decision Maker: Director Children's Services
Decision published: 26/06/2020
Effective from: 02/07/2020
Lead officer: Nicola Prandini
24/06/2020 - Review of Amendments to Service Offer within Planning in light of Covid-19 ref: 5658 Information Only
Decision Maker: Cabinet
Made at meeting: 24/06/2020 - Cabinet
Decision published: 24/06/2020
Effective from: 24/06/2020
Decision:
Cabinet:
Amended the recommendation in the published report and:
· Delegated authority to the Assistant Director of Planning, to continue to effect the changes outlined in report and to take the necessary steps to reinstate provision, either partly or fully, when it is judged appropriate to do so, in consultation with the Cabinet Member for Housing and Planning.
24/06/2020 - Five Year Long Term Agreement for the Replacement of Roofing Coverings 2021/2026 ref: 5655 Recommendations Approved
Decision Maker: Director of Housing and Property
Decision published: 24/06/2020
Effective from: 24/06/2020
Lead officer: Mark Howard
24/06/2020 - Replacement roofing coverings - 1 year programme 2020/21 ref: 5654 Recommendations Approved
Decision Maker: Director of Housing and Property
Decision published: 24/06/2020
Effective from: 24/06/2020
Lead officer: Mark Howard
23/06/2020 - Tender for the Installation of Nine External Passenger Lifts to Five Sheltered Schemes ref: 5653 Recommendations Approved
Decision Maker: Director of Housing and Property
Decision published: 23/06/2020
Effective from: 23/06/2020
Lead officer: Mark Howard
19/06/2020 - Covid-19 Social Distancing Measures ref: 5652 Recommendations Approved
Decision Maker: Director Neighbourhoods
Decision published: 19/06/2020
Effective from: 19/06/2020
Lead officer: Daniel Douglas
17/06/2020 - Agreement of Discretionary Top Up Business Grant Scheme - Phase 1 ref: 5650 Recommendations Approved
1. To authorise the establishment of a Discretionary Business Grant Scheme at an initial sum of £924k or such larger sum as might be needed fully to satisfy eligible claims for grant within categories a/, b/ and c/ at Para 2 below but always within the overall funding envelope from government of £1.758m
2. To approve the prioritisation of the following categories of businesses as more particularly described in the body of this report
a. Businesses in managed workspace and incubators not separately rated
b. Retailers in shared retail space not separately rated
c. Market Traders
3. To approve the level of grant to be paid at 2a and 2b – £5,000 per business and to each eligible market trader at 2c a sum equivalent to six months’ rent
4. To delegate to the Director of Regeneration in consultation with the Chief Operating Officer all matters related to the administration of the funds and to authorise the allocation of £20,000 to cover the provision of additional grant processing capacity through agency staff or contracted service provision.
Decision Maker: Leader of the Council
Decision published: 17/06/2020
Effective from: 17/06/2020
Lead officer: Howard Swift
17/06/2020 - The Commencement of tendering for benefit processing services through Bloom Procurement Services LTD ref: 5651 Recommendations Approved
Decision Maker: Chief Operating Officer
Decision published: 17/06/2020
Effective from: 17/06/2020
Lead officer: Chris Henry