Decisions

Licensing Act 2003

Notice of Decision

 

PREMISES

Top Meadow Country House and Golf Club,

Fen Lane, North Ockendon,

Upminster

RM14 3PR

 

DETAILS OF APPLICATION

Application for an expedited premises licence review was made by on behalf of the Metropolitan Police Service under section 53A of the Licensing Act 2003. The application was received by Havering’s Licensing Authority at 15:36 on 12th December 2019.

 

APPLICANT

PC Adam Williams

On behalfof theCommissioner ofthe MetropolitanPolice Service

Romford PoliceStation

19 MainRoad

Romford

RM1 1BJ

 

1.            Details of existing licensableactivities

 

Existing Club House

Ground & First Floor Function Suite & Seminar Room

 

Supply of Alcohol, films, indoor sporting events, live music, recorded music, performance of dance, anything of a similar description to live music, recorded music or performance of dance, provision of facilities for making music, provision of facilities for dancing, provision of facilities for anything of a similar description to making music or dancing

Monday to Sunday – 07:00 to 01:00

 

Late night refreshment

Monday to Sunday – 23:00 to 01:00

 

Plays

Monday to Sunday – 11:00 to 23:00

 

Hotel

Supply of alcohol, films, recorded music

24 hours a day

 

Late night refreshment

Monday to Sunday – 23:00 to 05:00

 

          Grounds for Review

 

The application for a review of the premises licence had been served under section 53A of the Licensing Act.

 

The Metropolitan Police are requesting a summary review of the premises licence due to a serious crime and disorder at Top Meadow Golf Club, Fen Lane RM14 3PR on Saturday 7 Dec 2019.

 

3.                  Requirements upon the Licensing Authority

 

The applicationwas receivedby Havering’sLicensing Authorityat 15:36 on 12 December 2019.

The application was made under the provisions of section 53A ofthe Act. As such,s.53A(2)(a) that requiredthat within48 hoursof thereceipt of the application the licensing authority considers whether itwas necessary to takeinterim stepspending thedetermination ofthe review application. The hearing od 12 December 2019 was to enable the Licensing Authority tocomply withthis duty.

Section 53B (3) required that the licensing authority mustconsider whetherto takethe followinginterim steps:

(a)  themodification ofthe conditionsof thepremises licence

(b)   the exclusion of the sale of alcohol by retail from the scope ofthe licence

(c)  theremoval ofthe designatedpremises supervisorfrom thelicence

(d)  thesuspension ofthe licence

 

4.                  Determination of Application

 

Consequent upon the hearing held on 16 December 2019 the Sub-Committee decided that it is necessary to take interim steps pending the determination of the review and modified the conditions on the licence.

 

At the hearing held om 8 January 2020 the Sub-Committee’s decision regarding the review of the premises licence for Top Meadow Country House and Golf Club, Fen Lane, North Ockendon, Upminster RM14 3PR is 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 addition the Sub-Committee took account of its obligations under s17 of the Crime and Disorder Act 1998, and Articles 1 of the First Protocol of the Human Rights Act 1998.

 

Decision to hold Proceedings in Closed Session

The Licensing Sub-Committee made the decision to exclude the public and members of the press from the hearing.

Reasons

A joint application was made for the proceedings to be held in closed session.

 

The Licensing Sub-Committee had regard to Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005 and also noted the Access to Information Procedure Rules in Part 4 of the London Borough of Havering Constitution regarding exempt information.

In particular, the sub-committee was mindful of the possibility of a criminal trial being held regarding the incident at the premises on the 7th December 2019.

The Sub-Committee was concerned that there should be no  prejudice to the holding of a fair trial and  therefore, in accordance with Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the sub-committee  decided to exclude the public including the press from the hearing as it considered that the public interest in so doing outweighed the public interest in the hearing taking place in public.

Full Review of the Premises Licence under Section 53C of the Licensing Act 2003

The Licensing Sub-Committee considered the application to review a premises licence for Top Meadow Country House & Golf Club pursuant to section 53A and 53C of the Licensing Act 2003 (as amended).  The Premises Licence holder is Mr Daniel Stock.

 

The application was made by PC Adam Williams.  The application was dated 12th December 2019 and was received by the Licensing Authority at 15:36hrs the same day.  The application was accompanied by the certificate of Chief Superintendent Stephen Clayman in which he certified that in his opinion the premises are associated with serious crime.

The Sub-Committee considered the written application and it heard oral representations from Conner Fegan, on behalf of the Metropolitan Police and also heard from Mr David Dadds who appeared on behalf of the Top Meadow Country House and Golf Club.

The Sub-Committee reminded itself that it must promote the Licensing objectives and have regard to the Statutory Guidance issued under section 182 of the Licensing Act 2003 and the Council’s Statement of Licensing Policy. The Sub-Committee also reminded itself that, at this stage, it was only considering the full review hearing further to the interim step decided on 16 December 2019.

 

The Sub-Committee after considering the representations from the Police and Mr Dadds, and noting that both parties had reached agreement on the imposition of additional conditions on the premises licence therefore decided that it is appropriate to modify the conditions on the licence and imposed the following additional licensing conditions:

The following additional conditions were outlined.

1)    The premises shall install and maintain a comprehensive CCTV system. All entry and exit points, including the outside smoking area, will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings must be made available upon the request of Police or authorized officer throughout the preceding 31-day period, such copies shall in any event be provided within forty-eight (48) hours. This system must be reviewed annually.

 

2)    A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member must be able to show a Local Authority or Police Officer recent data or footage when requested.

 

3)    Notices shall be displayed advertising that CCTV is in operation.

 

4)    A proof of age scheme, such as Challenge 25, shall be operated at the premises where the only acceptable forms of identification are (recognized photographic identification cards, such as a driving license or passport / Holographical marked PASS scheme identification cards)

 

5)    An incident log shall be kept at the premises, and made available on request to an authorized officer of the Council or the Police, which will record the following:

(a) All crimes reported to the venue

(b) All ejections of patrons

(c) Any incidents of disorder

(d) Any faults in the CCTV.

(e) Any refusal of the sale of alcohol

(f) Any visit by a relevant authority or emergency service.

6)    A minimum of One (1) SIA registered door staff must be on duty from 19:00hrs until 30 Minutes after closing when the premises is holding any function or private event.

 

7)    A register of security personnel employed on the premises shall be maintained in a legible format and made available to police upon reasonable request. The register should be completed by the DPS/ duty manager/ nominated staff member at the commencement of work by each member of security staff and details recorded should include; full name, SIA badge number, time of commencement of duties. The security operative should then sign their name. This only to be completed when using door supervisors.

8)    All bar staff and bar supervisors to undergo Licensing training which will be documented and provided to police / licensing authority on request. This training is to be refreshed every 12 months. All new staff must undergo this training before being allowed to sell alcohol.

9)    A personal licence holder must be employed on the premises at all times that, the premises are holding any function or a private event.

 

10) A register of delegated authority shall be maintained in a legible format and made available to police and licensing authority upon reasonable request.

11)  A currently qualified first aider must be employed on the premises at all times that, the premises are open to the public or a private event. The venue will also provide first aid facilities commensurate with the type of event and customers expected.

It was agreed that the following annex two conditions will be removed from the current Licence.

 

 1) The CCTV system shall incorporate a recording facility and any recordings shall be retained and stored in a suitable and secure manner for a minimum of one calendar month. A system shall be in place to maintain the quality of the recorded image and a complete audit trail maintained. The system shall comply with other essential legislation and all signs as required will be clearly displayed. The system shall be maintained and fully operational throughout the hours that the premises are open for any licensable activity.

For premises using a video recording system the cassette tape shall be used on no more than 12 occasions to maintain the quality of the recorded image.

 

2) The license holder shall not permit or supply alcohol to persons who appear under age without confirming they are over that age applicable for the beverage supplied by inspecting a recognized form of photographic

Identification.

Review of the Interim Steps under Section 5D of the Licensing Act 2003

The Sub-Committee agreed with the parties’ joint application that the modified conditions imposed on the 16th December 2019 should be replaced with the conditions numbered 1 -11 set out above.

 

Reasons

The Sub-Committee, in making its decision considered s53(D)(5) of the Licensing Act 2003,  the case of 93 Feet East Limited v London Borough of Tower Hamlets [2013]EWHC 2716 (Admin) and the guidance at paragraph 12.29 of s182 of the Licensing Act 2003.

The Sub-Committee was concerned that there should be control of the premises pending the expiry of the appeal period or any appeal and considered that the interim step was an appropriate and proportionate safeguard.

.

5.                  Right of Appeal

Any party to the decision may appeal to the Magistrates Court within 21 days of notification of the above decisions made under sections 53C and 53D of the Licensing Act 2003. On appeal, the Magistrates Court may make an order for costs as it sees.

 

 

 

Report AGREED without division.

Report AGREED without division.

A.   FREE PARKING PERIOD

 

Amendment by Conservative Group CARRIED by 25 votes to 24 and AGREED as substantive motion by 26 votes to 24.

 

B.   FIREWORK DISPLAYS

 

Amendment by Residents’ Group NOT CARRIED by 30 votes to 22; motion by North Havering Residents’ Group AGREED as substantive motion, without division.

 

C.   POLICE RESOURCE

 

Motion by North Havering Residents’ Group AGREED, without division.

 

 

Twelve questions submitted, four questions withdrawn by the submitting Group and eight answers given.

 

Motion that Councillor Morgon not be heard further on this item CARRIED by 30 votes 23; motion that Councillor D white not be heard further on this item NOT CARRIED by 28 votes to 18.

Received from Councillors Ower and Ryan.

There were no disclosures of interest.

Subject to recording of Residents’ Group having left the previous meeting, AGREED as a correct record.

Received from Councillor Tony Durdin.

 

Licensing Act 2003

Notice of Decision

 

 

 

DETAILS OF APPLICATION

PREMISES

 

Wingletye Food & Wine

81 Wingletye Lane,

Hornchurch,

RM11 3AT

 

APPLICANT

 

Mr Gokhan Akbas

 

Licensable activity sought:

 

Current premises licence hours:

 

Supply of alcohol
Day	Start	Finish
Monday	10:00	23:00
Tuesday	10:00	23:00
Wednesday	10:00	23:00
Thursday	10:00	23:00
Friday	10:00	23:00
Saturday	10:00	23:00
Sunday	10:00	22:00

 

Variation applied for:

 

Supply of alcohol
Day	Start	Finish
Monday	08:00	00:00
Tuesday	08:00	00:00
Wednesday	08:00	00:00
Thursday	08:00	00:00
Friday	08:00	00:00
Saturday	08:00	00:00
Sunday	08:00	00:00

 

Comments and observations on the application

 

The variation application also sought to amend the premises layout

 

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.  The required public notice was installed in the Friday 29 November 2019 edition of the Romford Recorder.

 

 

SUMMARY

 

There was 1 representation against this application from interested persons.

 

There were 2 representations against this application from responsible authorities,

Namely, Havering’s Licensing Authority and the Metropolitan Police.

 

The application for a variation to a Premises Licence was made by the above applicant, under section 17 of the Licensing Act 2003. The application was received by London Borough of Havering on the 20 November 2019.

 

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 attended and was represented by a licensing agent who made submissions on his behalf.     

 

 

Decision

 

The Sub-Committee considered all representations and submissions and decided to grant the application with conditions as below.

 

The Sub-Committee heard evidence from the licensing authority, the police and another interested party. The proposed variation was found to be contrary to aspects of the London Borough of Havering’s licensing policy, this policy was designed to ensure that the licensing objectives were met. The Sub-Committee reminded itself that it was required to consider each application on its own merits.

 

The premises were located in a residential area. There were three schools and a sixth-form college in the area.

 

The police raised concerns about the variation of the licence, to allow the sale of alcohol from 08.00. The officer gave clear evidence of the potential impact of the variation. The Sub-Committee accepted that evidence. The Sub-Committee had concerns that the sale of alcohol from the premises from 08.00 would impact on the objectives in relation to the protection of children from harm and prevention of crime and disorder. This aspect of the application was refused.

 

The Sub-Committee was minded to grant the variation in respect of extension of the licence to sell alcohol on Sunday evening till 23.00. This was on condition that the alcohol cabinets were shuttered and locked outside the operational period of the licence. 

 

The Sub-Committee accepted the variation to the layout of the shop as proposed on the plan provided. The Sub-Committee also approved the variation of the licence as set out in section 16 of the application.

 

The Sub-Committee considered that the part refusal was appropriate and proportionate in the circumstances. 

 

 

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