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Licensing Sub-Committee - Wednesday, 3 July 2024 11.00 am
July 3, 2024 at 11:00 am Licensing Sub-Committee View on council websiteSummary
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The Licensing Sub-Committee of Ealing Council met on Wednesday 3 July 2024 to consider a new premises licence application for Lavins, located at 97 Uxbridge Road, Ealing, W7 3ST. The committee granted the application, subject to a number of conditions, after hearing representations from the applicant, objectors, and council officers.
New Premises Licence for Lavins
The Licensing Sub-Committee granted a new premises licence for Lavins, located at 97 Uxbridge Road, Ealing, W7 3ST, Hanwell Broadway. The application, initially for the sale of alcohol, live music, recorded music, and dance, was amended during the hearing to exclude live music and dance. The committee considered representations from the applicant, Ms Janet Slack, her daughter Ms Amber Slack, and their agent Nick Semper, as well as objections from residents, including Mr Nick Dewey, and a representation from Ealing's Licensing Compliance Officer, Mr Robert Dear.
The applicant's agent, Nick Semper, explained that the application was largely similar to the previous licence held by the former company before its dissolution. He highlighted that the police had withdrawn their initial objection, indicating confidence that the premises could uphold licensing objectives. Mr Semper also stated that modifications had been made to comply with licensing objectives, such as removing a smoking area, and that the premises had no prior noise issues. He noted that recommendations from Mr Robert Dear had been incorporated into the operating schedule. To address residents' concerns about patrons trespassing and using the back exit, a keypad lock was fitted to the exit, and the applicant was willing to fit a lock to the door shared with residents.
During the sub-committee's questioning, Mr Semper clarified that the removal of live music referred to bands or instruments, and that recorded music would be permissible until 11 pm under the Live Music Act 20121. He assured the committee that window blinds would remain open, staff would manage smokers at the front, and the back door, which was not intended as an exit, could be alarmed. He estimated low footfall, not exceeding 20 customers, and confirmed the premises had a dispersal policy and CCTV coverage of the back door.
Objector Mr Nick Dewey expressed that many residents of Bentley Close were unaware they needed to submit an address for their objections to be counted and were fearful of the previous licence holder. He reported instances of customers fighting, shouting, and causing a nuisance, and noted that the alleyway near Bentley Close was frequently used as a public toilet. Mr Dewey also recounted an incident in 2017 where a customer broke into a resident's home. He stated that the rear room of the premises leaked noise and lacked soundproofing, and that sleep was disrupted due to noise travelling from the premises, particularly when the back door was open. He felt there had been no noticeable change since the current applicant took over in 2020.
The sub-committee decided to grant the application with several conditions, including:
- The two window blinds at the front of the premises must remain open or be removed.
- One member of staff capable of operating and downloading CCTV footage must be on the premises at all times when open for licensable activities.
- CCTV footage must be checked weekly, with a log kept on the premises for inspection.
- If CCTV is inoperable, the premises must close immediately unless permission is granted by the Police or Local Authority.
- Two members of staff must be present after 5 pm during all karaoke events and after 7 pm on Fridays.
- One member of staff with a Personal Licence must be on duty during all karaoke events and after 7 pm on Fridays.
- The fully enclosed room at the rear must not be used as a smoking area.
- No more than 4 smokers are permitted outside the front of the premises at any time.
Additionally, a further condition was imposed: all visitors are prohibited from using the back door except in an emergency. The back door must be fitted with an alarmed push bar that triggers when opened, allowing the licence holder to check its use.
The sub-committee's decision was based on the applicant's willingness to work with residents, the removal of live music, and the agreed conditions with Mr Dear, which were deemed proportionate and appropriate. The sub-committee was also reassured by the applicant's commitment to engage a builder for a site survey to ensure sufficient soundproofing.
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The Live Music Act 2012 amended the Licensing Act 2003 to exempt certain live music performances from licensing requirements under specific conditions. ↩
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