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.

Decisions published

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 for Environment

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 - Five Year Long Term Agreement for the Replacement of Roofing Coverings 2021/2026 ref: 5655    Recommendations Approved

Decision Maker: Director of Housing

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

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

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 - 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


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