Decision

Licensing Act
2003
Notice of
Decision
 
PREMISES
Rasa Food & Wine
20 Station Lane, Hornchurch,
RM12 6JN
 
APPLICANT
Mr Tharsan Sivasaravanamuthu
 
Details of requested licensable activities
This application for a premises licence is
made by Mr Tharsan Sivasaravanamuthu under section 17 of the
Licensing Act 2003. The application was received by
Havering’s Licensing Authority on 6 November 2025.
 
The application seeks to permit the following
licensable activity:
 
The application is to authorise off-sales of
alcohol from Monday to Sunday with hours of 08:00-23:00.
 
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 required public notice was installed in
the 14th November 2025 edition of the Romford Recorder
 
There were 10 representations made against the
application by interested parties, all local residents. By the time
of the hearing one resident withdrew their representation.
 
There were no representations from responsible
authorities.
 
Application for a new premises licence
 
In reaching its decision the Sub-Committee has
carefully considered the application, the representations made by
the applicant and the 10 representations received from local
residents on the grounds of Crime and Disorder, the Prevention of
Public Nuisance, Protection of Children from harm and Public
Safety.  It has been noted that none of
the residents attended the hearing in person.
 
The Licensing Sub-Committee has taken into
consideration the council’s Statement of Licensing Policy,
the Public Sector Equality Duty, the Home Office guidance issued
under section 182 of the Licensing Act 2003, the Duties under the
Crime and Disorder Act 1988 and the rights set out in the Human
Rights Act 1998. 
The Sub-Committee has concluded that the
application should be granted with the proposed conditions offered
by the applicant with amendments and additional one additional
condition as follows:
 

·        
Condition 10 under ‘The prevention of crime and disorder to
be replaced with:
‘No spirits
should be sold in bottles of less than 35cl
(centilitres)’
 
  Cigarette Litter
Control
1.           
The licence holder shall ensure the area immediately outside the
premises is kept free of litter, including cigarette ends, at all
times the premises are open to the public and at closing.

 
2.           
For the purposes of this condition, “area immediately outside
the premises” means the shop frontage and any recessed
doorway, extending along the building line and up to 5 metres from
the main entrance(s), where public smoking associated with the
premises reasonably occurs.
 
3.           
A litter pick and sweep of the defined area shall be carried
out:

·      
On opening,

·      
On closing.

 
4.           
The premises shall provide and maintain at least one wall mounted
or freestanding cigarette disposal unit adjacent to the entrance,
positioned so as not to obstruct the highway, and emptied daily (or
more frequently as required.

 
And,
for the following reasons:
 
1.           
It was noted that the applicant had engaged with the authorities
when making the application given that the premises is within a
Cumulative Impact Zone.  The
Sub-Committee were impressed with the very robust conditions
offered by the applicant and the lack of any representations from
the responsible authorities was also indicative of the well thought
out application.
 
2.           
The applicant’s representative made representations which
were persuasive and their willingness to adapt conditions were
reassuring to the panel.  This was
sufficient to allay any fears the panel had with regard to
undermining the licensing objectives, especially as the premises is
in a cumulative impact zone.  
Taking account of all the circumstances, the conditions offered and
agreed were reasonable and proportionate, sufficiently promoting
the licensing objectives of prevention of crime and disorder,
prevention of public nuisance, the protection of children from harm
and public safety.
 
3.           
The Sub-Committee were sympathetic to the objections raised by the
residents who didn’t attend the hearing to amplify their
objections.  These related to Public
Nuisance and the Prevention of Crime and Disorder but were
satisfied with the single condition imposed on the premises to
allay any fears the residents may have. 
 
4.           
The Sub-Committee asked the applicant a number of questions
regarding the promotion of the licensing objectives and the day to
day running of the business.  The
Sub-Committee were satisfied with the response from the
applicant.
 
5.           
The Sub-Committee was aware that it could not make any assumptions
as to any potential impact the requested application might have in
relation to the licensing objectives but must reach a decision
based on the evidence before it.  There
was no evidence presented which could show that granting the
application would undermine the licensing objectives.  The Sub-Committee noted that the Licensing Act
2003 provides an alternative mechanism for dealing with issues
where a premises breaches the licensing objectives.
 
6.           
On the balance of probabilities, the Sub-Committee is satisfied
that granting the application in the form of the amended
application with the additional conditions, would not undermine the
licensing objectives of Prevention of Public Nuisance, Prevention
of Crime and Disorder, Protection of children from harm and public
safety.
 
7.           
The Sub-Committee also considered the relevant provisions of the
Human Rights Act 1998, namely:
 
Article 6 – The right to a fair
hearing
Article 8 – Respect for private and
family life
Article 1 – First protocol –
peaceful enjoyment of possessions
 
The Sub-Committee considered that in all the
circumstances, the conditions offered and agreed by the applicant
with the relevant authorities were reasonable and proportionate
sufficiently promoting the licensing objectives which would not be
undermined by allowing the application.
 
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.