The Licensing Sub-Committee of Hammersmith and Fulham Council scheduled a meeting to discuss a premises licence application for Powerleague in Hammersmith Park. The application concerned a request to remove a condition relating to the sale of alcohol on days when Queens Park Rangers play at home. Representations had been received from local residents and the Friends of Hammersmith Park Association, and the Sub-Committee were asked to reach a decision on the application.

Powerleague - Hammersmith Park, South Africa Road, London, W12 7RW

The Licensing Authority received an application from Bermans Limited, acting as the agent for Powerleague Fives Limited, for a full variation of an existing premises licence at Powerleague - Hammersmith Park.

The existing licence allows the sale of alcohol on the premises from 11:00 to 23:00 Monday to Saturday, and 12:00 to 23:00 on Sundays. It also allows recorded music indoors on Fridays and Saturdays from 19:00 to 23:00. The hours open to the public are 08:30 to 23:00 Monday to Saturday, and 08:30 to 22:00 on Sundays.

The application sought to remove condition 17 from the existing premises licence, which states:

On days when Queens Park Rangers are playing at home the premises will stop the sale of alcohol three hours before the scheduled kick off time until three hours after the match has been completed.

According to the report pack, the applicant did not propose any further measures to uphold the licensing objectives¹ as part of their original application. The main access to the premises is on South Africa Road, and the site operates as an event space with leisure facilities. The surrounding area is mixed-use, with commercial units and residential dwellings.

The Licensing Authority displayed a public notice at the premises for 28 days, advertised it in a local circular, and notified all statutory consultees. The Council also served written notice of the hearing to the applicant and all parties who made representations.

The Licensing Authority received four representations, three from individual residents and one from a representative of the Friends of Hammersmith Park Association. The agent sent an email to the Licensing Authority proposing an amendment to condition 17, rather than its removal:

On match days at Queens Park Rangers the premises may supply licensable activity to patrons attending for prearranged activities organised at the premises.

However, none of the objectors considered this change suitable and maintained their objections.

The report pack noted that there were no recorded incidents of non-compliance and no previous Temporary Event Notices in respect of the premises.

Policy Considerations

The report pack included a summary of the council's Statement of Licensing Policy (SLP). The SLP states that the Licensing Authority is keen to support the licensed sector and leisure offer within the borough, with a particular focus on business resilience and growing a robust and thriving cultural and leisure sector. The Licensing Authority has identified three key themes of the Licensing Policy and the Licensing Authority's approach to implementing it: a sustainable, well-run licensed sector; Hammersmith & Fulham as a good place to live, work and enjoy leisure; and a safe licensing environment and night-time economy.

The SLP states that in order to ensure the promotion of the four Licensing Objectives the Licensing Authority will require applicants to detail in their operating schedule: the steps proposed to promote the licensing objective of the prevention of crime and disorder on, and in the vicinity of, the premises, having regard to their location, character, condition, the nature and extent of the proposed use and the persons likely to use the premises; the steps proposed to ensure the physical safety of people using the relevant premises or place; how they intend to prevent nuisance arising, prevent disturbance and protect amenity so far as is appropriate to ensure that the Licensing Objectives are met; and the measures and management controls in place to protect children from harm.

The SLP also gives mention to Football Conditions, citing that Hammersmith and Fulham is unique in the fact that it has three major football clubs within its boundaries. Given the size of our borough and the raised level of risk of crime and disorder occurring on match days, any premises in the vicinity of our football grounds will be expected to robustly deal with this issue in their operating schedule.

The SLP states that where there is a relevant representation, the Licensing Authority will consider each particular case on its merits having regard to a number of matters, including: whether the licensed activities are likely to have an adverse impact especially on residents and, if there is potential to have an adverse impact, what, if any, appropriate measures will be put in place to prevent it; whether there will be a substantial increase in the cumulative adverse impact from these or similar activities, on an adjacent residential area; whether there is a suitable level of public transport accessibility to and from the premises at the appropriate times; whether the activity will be likely to lead to a harmful and unmanageable increase in car parking demand in surrounding residential streets suffering high levels of parking stress or on roads forming part of the Strategic London Road Network or the London Bus Priority Network leading to a negative impact on the Licensing Objectives relating to the prevention of crime, disorder, anti-social behaviour (ASB), nuisance and vehicle emissions; and whether there have been any representations made by Responsible Authorities, or other relevant agency or representative.

The SLP states that licensing law is not the primary mechanism for the general control of nuisance and anti-social behaviour caused by people once they are away from the licensed premises and, therefore, beyond the direct control of the licensee. However, licensing is a key aspect of such control and licensing law is part of a holistic approach to the management of the nighttime economy. As a matter of policy the council expects every holder of a licence, certificate or permission, to accept and be responsible for minimising the impact of their activities and anti-social behaviour by their patrons within the vicinity of their premises by taking appropriate measures and action consistent with that responsibility.

The SLP also states that the Licensing Authority will require operating plans to specify the measures and management controls in place to protect children from harm. Where appropriate a written childcare policy should be available and be incorporated in the induction of staff.

Determination

In determining the application, the Sub-Committee must have regard to the representations and take one the following steps as it considers necessary for the promotion of the licensing objectives: grant the application in full; grant the application in part modifying the proposed hours, activities or conditions; or reject the application.