Content

DECISION

At the hearing the
sub-committee carefully considered the papers before it, including
the application for a new premises licence from Rajeswaran
Thanusikan, along with written representations from PC Vickie
Hewison (Metropolitan Police Service), and an interested party. The
panel also considered written and oral representation from Abbi
Shaw (Ealing Council Safer Communities Noise and Nuisance
Team).

 
The sub-committee
considered the Home Office (August 2023) Revised Guidance issued
under S182 of the Licensing Act 2003 and, in particular, the Steps
to Promote the Licensing Objectives (Paragraphs 8.41 – 8.49).
The sub-committee also considered the Ealing Council Statement of
Licensing Policy.
 
The decision of
the licensing sub-committee was to not grant the application for a
new premises licence for the reasons outlined below.
 

REASONS FOR THE DECISION
 
Having carefully considered the
representations from Ms Abbi Shaw in her role as a responsible
authority, as well as written representations from

(a) 
the applicant (who was invited to the hearing but
declined to attend),

(b) 
Vickie Hewison (who was unable to attend the
hearing) and

(c)  
an interested party,
 the
licensing sub-committee determined that the application should not
be granted.
 
The Sub Committee carefully
considered the application from the applicant and were not
satisfied that the applicant demonstrated any ability to uphold the
licensing objectives in a special policy area. 
 
The Panel gave particular
consideration to Abbi Shaw’s representation, concerning the
harm to the community that could occur as a result of selling more
alcohol in an area with already high levels of crime and
anti-social behaviour, largely as a result of street
drinking.
 
Having considered all the
options open to them and taking into consideration the special
requirements of the area, the Sub-Committee believed that the
proportional response to uphold the licensing objectives would be
to not grant the application for a new premises licence, given that
the rebuttable presumption of refusal had not been
overturned.
 

RIGHT OF APPEAL
The
applicant, licence holder or any person who made relevant
representations may appeal against the Sub-Committee’s
decision.
Any
appeal must be made to the Magistrates’ Court for the area in
which the premises are situated within 21 days of the receipt of
this notice of decision.
Any
party who launches an Appeal at the Magistrates court is requested
to copy in the Council at the time that the appeal is filed at
court.  The person to copy in is Ms
Hatoon Zeb- Senior Lawyer (Litigation & Prosecution) at
ZebH@ealing.gov.uk or London Borough
of Ealing, Perceval House, 5-NW 14-16 Uxbridge Road, Ealing, W5
2HL. 
Date: 27
October 2023 –