Decision

Licensing Act 2003

Notice of Decision
 
PREMISES
Station Parade Lounge
1 Station Parade
Hornchurch
RM12 5AB
 
APPLICANT
Mr Asif Khan
 
Details of requested
licensable activities
This application for a premises
licence is made by Mr P Malaj under section 34 of the Licensing Act
2003.  The application was received by
Havering’s Licensing Authority on 10th July
2024.
 
The application seeks to permit the
following licensable activity:
 
Details of the
application
 
 

Sale of alcohol

Day

Start

Finish

Sunday to Saturday

12:00

23:00

Opening hours

Day

Start

Finish

Sunday to Saturday

07:00

23:00

 
 
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 applicant amended the original
operating schedule, the amended schedule was appended to the
application.
 
The following conditions were agreed
with the Metropolitan Police Licensing Unit during the consultation
period:
 

Alcohol shall only be
sold to a person sitting down eating a meal and for consumption
with that meal.

Alcohol shall be sold
to customers by waiter/waitress service only.

 
 
 
 
 
The following conditions were also
agreed with the Licensing Authority:
1. CCTV:
a) The CCTV system at
the premises shall be maintained in working condition and shall
record 24 hours every day.
Recordings shall be
retained for a minimum of 31 days and shall be made available to
Police or Local Authority officers on request and shall be capable
of identification and of evidential quality in any light
conditions.
b) Staff working at
the premises shall be trained in the use of the equipment and a log
will be kept to verify this. At least one member of staff, so
trained, shall be present at the premises at all times when it is
open for licensable activities.
c) There shall be
signs displayed in the customer area to advise that CCTV is in
operation.
d) CCTV cameras shall
monitor all areas of the premises that are accessible to members of
the public including the area immediately
outside the premises to monitor numbers and prevent crime and
disorder.
e) Should the CCTV
become non-functional this shall be reported immediately to the
Licensing Authority and the problem rectified as soon as
practicable.
2. The Challenge 25 proof of age
policy will be operated and only a photographic driving licence, a
valid passport, a valid UK Armed Forces / MOD photographic identity
card with the bearer`s photograph on it or a Home Office approved
proof of age card with the bearer`s photograph and the PASS logo /
hologram on it will be accepted as proof of age.
3. Staff Competence
and Training:
a) The Licensee shall
keep a written record of all staff authorised to sell alcohol. The
staff record shall be kept on the licensed premises and made available for inspection by the Licensing
Officer, Trading Standards or the Police, on request.
b) The Licensee shall
ensure that each member of staff authorised to sell alcohol has
received appropriate training on the law with regard to
age-restricted products, proxy sales, and the licensable hours and
conditions attached to the licence, including refresher training
every six months, and that this is properly documented and training
records kept. The training record (either
written or electronic) shall be kept on the licensed premises and
made available for inspection by the Licensing Officer, Trading
Standards or the Police, on request.
4. A written refusals record will be kept as part of the Incident
Book and made available to Police or Authorised Officers on
request. The refusals record shall contain details of date &
time, description of the person attempting to buy the age
restricted products & the products that they were attempting to
purchase, reasons why the sale was refused and the name and
signature of the person refusing the sale. All staff are to be
examined in the use of the refusal books. The refusals book is to
be examined on a weekly basis by the premises licence holder / DPS
and the date and time of each examination is to be endorsed in the
book. Analysis of staff refusals and data such as the time / day is
to be carried out by the premises licence holder / DPS on a weekly
basis in order to predict trends and identify staff training and
compliance issues. The premises licence holder or DPS shall sign
and date their record of inspection.
5. An Incident
Book shall be kept at the premises and made available to the Police
or Authorised Officers, which will record the following:

·                     
All crimes reported;

·                     
Lost property;

·                     
All ejections of customers;

·                     
Any complaints received and the outcome;

·                     
Any incidents of disorder;

·                     
Any faults in the CCTV;

·                     
Any refusal or challenges of the sale of
alcohol;

·                     
Any visit by a relevant authority or emergency
service. Whenever Police are called a CAD shall be obtained and
recorded in the Incident Book
6. Prominent, clear
and legible notices are displayed at all exits requesting patrons
to respect the needs of local residents and to leave the premises
and the area quietly.
7. All reasonable
steps shall be taken by a dedicated member of staff to stop patrons
congregating outside the premises.
There were two
representations made against the application by interested
parties.
 
1.   
The Sub-Committee have considered an application for new premises
licence ‘Station Parade Lounge’ situated at 1 Station
Parade, Hornchurch, RM12 5AB and representations against the
application have been received from:
 

a.   
A local resident on the grounds of the prevention of the crime and
disorder, the prevention of public nuisance, the protection of
children from harm and the promotion of public safety.
 

b.   
The Royal British Legion on the grounds of the prevention of the
crime and disorder, the prevention of public nuisance, the
protection of children from harm and the promotion of public
safety.
Legal Framework
2.   
Where relevant representations are made, the authority must hold a
hearing and then take such steps, as it considers necessary for the
promotion of the licensing objectives. These steps may include
rejecting the application, or modifying conditions to the extent
that the authority considers necessary for the promotion of the
licensing objectives.
 
3.   
The Sub-Committee were cognisant Secretary of States’ section
182 guidance which says that ‘the authority’s
determination should be evidence-based, justified as being
appropriate for the promotion of the licensing objectives and
proportionate to what it is intended to achieve.’

 
4.   
The Sub-Committee were cognisant Secretary of States’ section
182 guidance, which states that they must promote the licensing
objectives and must have regard to the Secretary of State’s
National Guidance created under section182 of the Licensing Act
2003 when determining an application for a new premises
licence.

5.   
The Sub-Committee were cognisant of the Secretary of States’
section 182 guidance, which states that Responsible Authorities, in
particular the Police, are members’ main source of advice,
and guidance.
 

6.   
The Sub-Committee were cognisant of the Secretary of States’
section 182 guidance which states that ‘beyond the immediate
area surrounding the premises, these are matters for the personal
responsibility of individuals under the law’.
 

7.   
The Sub-Committee were cognisant of the Secretary of States’
section 182 guidance which states that licensing conditions
‘cannot seek to manage the behaviour of customers once they
are beyond the direct management of the licence holder and their
staff, but may impact on the behaviour of customers in the
immediate vicinity of the premises or as they enter or
leave.’
 

8.   
The Sub-Committee were cognisant of the Secretary of States’
section 182 guidance which states that all parties are expected to
work together in partnership to ensure that the licensing
objectives are promoted collectively.
 

9.   
The Sub-Committee were cognisant of the Secretary of States’
section 182 which states that the planning and licensing regimes
involve consideration of different (albeit related) matters and
that Licensing Committees are not bound by decisions made by a
Planning Committee, and vice versa.
Decision: Granted;
 
10. The Sub-Committee noted that
no Responsible Authority made representations against the
application and that The Metropolitan Police and the
Council’s Licensing Team had agreed conditions with the
applicant for the promotion of the four licensing
objectives. 

 
11. During the hearing, the
Sub-Committee heard from Havering Council’s case officer who
read out his written report and further explained that Planning,
Licensing and Pavement licensing are all separate regimes which
their own respective framework. The officer clarified that the
separate regimes are not contingent on each other and that a
pavement licence can be obtained by an applicant irrespective of
whether they are a licenced premises or not.

 
12. The Sub-Committee then heard
from the Royal British Legion. The Sub-Committee respectfully
reminded the Royal British Legion that they are not permitted to
introduce fresh evidence during the hearing and could amplify on
their written representations. Nothing further material was added
to what was already contained in the written representations.

 
13. The Sub-Committee then heard
from a local resident who talked through his written
representations and amplifies his representations to raise concerns
of over-drinking at the premise, the need to protect children, the
potential noise disruption from patrons of the premises and
questioned how the agreed conditions will be used in practice to
promote the licensing objectives.

 
14. Turning to the applicant, the
Sub-Committee noted that prior to the hearing, the applicant had
worked positively with the Council’s Licensing Team, and the
Police, to ensure the licensing objectives are not undermined. The
applicant demonstrated a sound understanding of the licensing
regime and also the council’s statement of licensing policy,
demonstrating the applicant’s competency. The Sub-Committee
noted that the applicant had written to all parties who made
representations against the application to address their respective
concerns and also lived and owns a separate business in the area
for over 25 years, demonstrating the applicant’s knowledge of
the area and challenges.

 
15.  The Sub-Committee resolved that conditions agreed
by between the applicant and the responsible authorities were
robust and promoted the licensing objectives. The Sub-Committee
found that the hours requested in the application was commensurate
with the council’s statement of licensing policy and
moreover, no evidence was presented to them to positively link
crime or ASB to the premises or that in granting the licence should
increase crime and ASB. The members were conscious that the
application is for a café to permit the sale of alcohol only
through a waiter service and as an ancillary to a substantive
meal.

 
16.  Finally, the Sub-Committee were aware that should
in the future any of the four licensing objectives be undermined by
the premises, then residents, councillors and/or any responsible
authority have the right to bring the matter before the members to
review the licence.
 
Agreed conditions and imposed by the
members:
 
1. CCTV:
 

a)   
The CCTV system at the premises shall be maintained in working
condition and shall record 24 hours every day. Recordings shall be
retained for a minimum of 31 days and shall be made available to
Police or Local Authority officers on request and shall be capable
of identification and of evidential quality in any light
conditions.

b)   
Staff working at the premises shall be trained in the use of the
equipment and a log will be kept to verify this. At least one
member of staff, so trained, shall be present at the premises at
all times when it is open for licensable activities.

c)   
There shall be signs displayed in the customer area to advise that
CCTV is in operation.

d)   
CCTV cameras shall monitor all areas of the premises that are
accessible to members of the public including the area immediately
outside the premises to monitor numbers and prevent crime and
disorder.

e)   
Should the CCTV become non-functional this shall be reported
immediately to the Licensing Authority and the problem rectified as
soon as practicable.
 
2. The Challenge 25:
 
a) Proof of age
policy will be operated and only a photographic driving licence, a
valid passport, a valid UK Armed Forces / MOD photographic identity
card with the bearer`s photograph on it or a Home Office approved
proof of age card with the bearer`s photograph and the PASS logo /
hologram on it will be accepted as proof of age.
 
3. Staff Competence and Training:
 
a) The Licensee
shall keep a written record of all staff authorised to sell
alcohol. The staff record shall be kept on the licensed premises
and made available for inspection by the Licensing Officer, Trading
Standards or the Police, on request.
 
b) The Licensee
shall ensure that each member of staff authorised to sell alcohol
has received appropriate training on the law with regard to
age-restricted products, proxy sales, and the licensable hours and
conditions attached to the licence, including refresher training
every six months, and that this is properly documented and training
records kept. The training record (either written or electronic)
shall be kept on the licensed premises and made available for
inspection by the Licensing Officer, Trading Standards or the
Police, on request.
 
4. Refusals Record
 
a) A written
refusals record will be kept as part of the Incident Book and made
available to Police or Authorised Officers on request. The refusals
record shall contain details of date & time, description of the
person attempting to buy the age restricted products & the
products that they were attempting to purchase, reasons why the
sale was refused and the name and signature of the person refusing
the sale. All staff are to be examined in the use of the refusal
books. The refusals book is to be examined on a weekly basis by the
premises licence holder / DPS and the date and time of each
examination is to be endorsed in the book. Analysis of staff
refusals and data such as the time / day is to be carried out by
the premises licence holder / DPS on a weekly basis in order to
predict trends and identify staff training and compliance issues.
The premises licence holder or DPS shall sign and date their record
of inspection.
 
5. Incident Book
 
An Incident Book
shall be kept at the premises and made available to the Police or
Authorised Officers, which will record the following:

a)   
All crimes reported;

b)   
Lost property;

c)   
All ejections of customers;

d)   
Any complaints received and the outcome;

e)   
Any incidents of disorder;

f)    
Any faults in the CCTV;

g)   
Any refusal or challenges of the sale of alcohol;

h)   
Any visit by a relevant authority or emergency service. Whenever
Police are called a CAD shall be obtained and recorded in the
Incident Book
 
6. Prominent, clear and legible notices are
displayed at all exits requesting patrons to respect the needs of
local residents and to leave the premises and the area quietly.
 
7. All reasonable steps shall be taken by a
dedicated member of staff to stop patrons congregating outside the
premises.
 
8. Alcohol may only be supplied to customers
who are engaging in a sit down substantial table meal, as an
ancillary to that meal.
 
9. Alcohol shall be sold to customers by
waiter/waitress service only.
 
Further conditions imposed by the
Sub-Committee members:
 
10. The premises is only permitted to make off
sale alcohol to customers who are seated in outside area, directly
in front of the premises, as defined and in accordance with the
premises’ pavement licence (Licence Number 27513), from 12:00
hours to 21:00 hours.
 
11. A direct telephone number for the manager
at the premises shall be publicly available at all times the
premises is open.
 
12. Unless contrary to fire
precautions/procedures, all access and egress doors and windows
shall be kept closed after 21:00 hours.
 
13. Deliveries of alcoholic products to the
premises shall only take place between Monday and Saturday, 8am to
6pm.
 
14. All tables and chairs shall be removed
from the outside area by 21:00 hours each day.
 
 
 
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.