Decision Maker: Licensing Sub-Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: December 19, 2025

Purpose:

Content: 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.