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Monday 21st October 2024 • View on LB Hillingdon’s website

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👥 Attendance details📄 Agenda frontsheet PDF 399 KB📦 Agenda reports pack PDF 8 MB📝 Printed minutes PDF 190 KB
Read the text of: Agenda frontsheet PDF 399 KB (3 pages)
Lloyd White Head of Democratic Services London Borough of Hillingdon, Phase II, Civic Centre, High Street, Uxbridge, UB8 1UW Putting our residents first NOTICE OF HEARING Licensing Sub- Committee Councillors on the Sub-Committee: Becky Haggar, Chair Darren Davies Janet Gardner IMPORTANT INFORMATION On receipt of this notice, you MUST notify the Committee Clerk (contact details below) by the following date: Thursday 17 October 2024 If you don’t notify you may lose your right to speak at the hearing. When notifying you must confirm: 1) Whether you intend to attend or to be represented by someone at the hearing; 2) If you consider a hearing to be unnecessary and; 3) Whether to request that another person attends (other than your representative) as a witness Date: MONDAY 21 OCTOBER 2024 Time: 10:00 Venue: COMMITTEE ROOM 6 CIVIC CENTRE, UXBRIDGE, UB8 1UW Meeting Details: Members of the Public and Media are welcome to attend. This meeting may also be broadcast live. For safety and accessibility, security measures will be conducted, including searches of individuals and their belongings. Attendees must also provide satisfactory proof of identity upon arrival. Refusal to comply with these requirements will result in non-admittance. This meeting may be broadcast on the Council’s YouTube channel. You can also view this agenda online at www.hillingdon.gov.uk Published: Thursday 3 October 2024 Contact: Anisha Teji, Democratic Services Tel: 01895 277655 Email: ateji@hillingdon.gov.uk Useful information for residents and visitors Watching & recording this meeting (if a public meeting only) If this meeting is to be held in Public (Part 1) you can watch it on the Council's YouTube channel, live or archived after the meeting. Residents and the media are also welcome to attend in person, and if they wish, report on the public part of the meeting. Any individual or organisation may record or film proceedings as long as it does not disrupt proceedings. It is recommended to give advance notice of filming to ensure any particular requirements can be met. The Council will provide seating areas for residents/public, high speed WiFi access to all attending and an area for the media to report. The officer shown on the front of this agenda should be contacted for further information and will be available to assist. When present in the room, silent mode should be enabled for all mobile devices. Travel and parking Bus routes 427, U1, U3, U4 and U7 all stop at the Civic Centre. Uxbridge underground station, with the Piccadilly and Metropolitan lines, is a short walk away. Limited parking is available at the Civic Centre. For details on availability and how to book a parking space, please contact Democratic Services. Please enter via main reception and visit the security desk to sign-in and collect a visitor’s pass. You will then be directed to the Committee Room. Accessibility For accessibility options regarding this agenda please contact Democratic Services. For those hard of hearing an Induction Loop System is available for use. Emergency procedures If there is a FIRE, you will hear a continuous alarm. Please follow the signs to the nearest FIRE EXIT and assemble on the Civic Centre forecourt. Lifts must not be used unless instructed by a Fire Marshal or Security Officer. In the event of a SECURITY INCIDENT, follow instructions issued via the tannoy, a Fire Marshal or a Security Officer. Those unable to evacuate using the stairs, should make their way to the signed refuge locations. Agenda CHAIRMAN'S ANNOUNCEMENTS Hearing Protocol 1 Apologies for Absence 2 Declarations of interest in matters coming before this meeting 3 To confirm that the items of business marked Part I will be considered in Public and items marked Part II will be considered in Private 4 Matters that have been notified in advance or urgent Part I - Members, Public and Press Title of Report / Address of application Ward Time Page 5 Application for the grant of a Premises Licence: Daman Food & Wine, 6 Dawley Parade, Dawley Road, Hayes UB3 1EA Wood End 10:00 3 - 42

Text extracted automatically from the PDF, so layout, tables and images are not shown. Open the original PDF on LB Hillingdon’s website.

Attendance
Present: Councillor Janet Gardner, Councillor Becky Haggar OBE, Councillor Reeta Chamdal
Apologies: Councillor Darran Davies

Agenda

71. Apologies for Absence
Apologies for absence were received from Councillor Darren Davies with Councillor Reeta Chamdal substituting.
72. Declarations of interest in matters coming before this meeting
None.
73. To confirm that the items of business marked Part I will be considered in Public and items marked Part II will be considered in Private
It was confirmed that all items would be heard in Part I.
74. Matters that have been notified in advance or urgent
None.
75. Application for the grant of a Premises Licence: Daman Food & Wine, 6 Dawley Parade, Dawley Road, Hayes UB3 1EA PDF 296 KB
Introduction by Licensing Officer Austen Young, Licensing Officer at the London Borough of Hillingdon, introduced the report and photographs for a new Premises Licence application in respect of Daman Food & Wine, 6 Dawley Parade, Dawley Road, Hayes, UB3 1EA. A background and chronology of events was provided. A new premises licence application had been made to authorise the sale of alcohol for consumption off the premises. The opening times would be Monday to Sunday from 07:00 hours to 00:00hours. The Sub-Committee was informed that the representations in Appendix 2 had been withdrawn. Members were asked to consider the representations in Appendix 3. The representation raised concerns about the impact of the premises on the neighbourhood, existing traffic, noise and anti-social behaviour issues in the area (including a local car park). Although the objector had been notified of the hearing and was not in attendance, the Sub-Committee was reminded that there was no requirement for attendance and Members were able to proceed in their absence. The Sub-Committee was advised that there had been no representations from Ward Councillors and Responsible Authorities. There had also been no Members Enquiries submitted. The Sub- Committee was asked to consider the application and the representations made to decide an appropriate action that would uphold the promotion of the licensing objectives. Representations by Applicant and Applicant’s representative The Applicant – Mr Pito Singh Chopra and the Applicant’s representative – Mr Surendra Panchal addressed the Committee. As a background to the application, the Sub - Committee heard that the Applicant had experience of running these types of businesses and understood the four Licensing Objectives. The Applicant had obtained a personal licence approximately 18 months ago and this would be a family run business. It was noted that there was now only one objection and contact had been made with the objector to discuss any concerns. The Sub- Committee was informed that the Applicant agreed to the conditions that had been proposed by the Licensing Authority. The Sub - Committee was advised that the Applicant would comply with the Licensing Objectives by ensuring that a training manual and an incident logbook were maintained, posters were placed in appropriate places and made visible, and CCTV was provided. In response to Member questions, the Applicant highlighted their understanding of the Licensing Objectives, highlighting the Challenge 25 Policy and the need for CCTV to ensure public safety. It was also confirmed that there would be three members of staff employed and they would be over 18. Representations by Interested Parties The objector was not in attendance. The Chair read their submission for the record and it was noted by the Sub- Committee. Discussion During the discussion with the Sub Committee and all parties the following points were noted: - The Applicant and Applicant’s representative explained their understanding of the licensing principles noting the Challenge 25 policy, the fire escape and fire exit to ensure public safety and the importance of CCTV for the promotion of crime and disorder. - Although questions ... view the full minutes text for item 75.
📄 Application for the grant of a Premises Licence: Daman Food & Wine, 6 Dawley Parade, Dawley Road, Hayes UB3 1EA PDF 296 KB
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Licensing Sub-Committee – 21 October 2024 Part I – Public Application for the grant of a Premises Licence: Daman Food & Wine, 6 Dawley Parade, Dawley Road, Hayes UB3 1EA Committee Licensing Sub-Committee Officer Contact Licensing Officer – Austen Young Papers with report Appendix 1 - Application for the grant of a new Premises Licence with Plan Appendix 2 - Representations from B Khaneja Appendix 3 - Representations from F Hajisa Appendix 4 - Map of the area Appendix 5 - Photographs of premises Ward name Wood End 1.0 SUMMARY To consider an application for the grant of a new Premises Licence in respect of Daman Food & Wine, 6 Dawley Parade, Dawley Road, Hayes UB3 1EA. The Application Form and Plan is appended as Appendix 1 and has attracted representations from two neighbours objecting to the application . There have been n o representations received from Ward Councillors or any of the Responsible Authorities. 2.0 RECOMMENDATION That the Licensing Sub-Committee consider this application for the grant of a new Premises Licence in respect of Daman Food & Wine, 6 Dawley Parade, Dawley Road, Hayes UB3 1EA. 3.0 APPLICATION 3.1 Licensable Activities A new Premises Licence application has been made by Pito Singh Chopra. The application is seeking a licence to authorise the sale of alcohol for consumption off the premises, Monday to Sunday from 07.00 hours to 00.00 hours. The proposed opening times are Monday to Sunday from 07.00 hours to 00.00 hours. 3.2 Proposed Hours for Licensable Activity Monday 07.00 – 00.00 Tuesday 07.00 – 00.00 Wednesday 07.00 – 00.00 Thursday 07.00 – 00.00 Friday 07.00 – 00.00 Saturday 07.00 – 00.00 Sunday 07.00 – 00.00 Licensing Sub-Committee – 21 October 2024 Part I – Public 3.3 Type of Application Applied For New Premises Licence application pursuant to s.17 Licensing Act 2003. 3.4 Description of The Premises The premises is a ground floor unit in a small parade of shops on Dawley Parade close by to other premises including one off-licence, a n unlicensed convenience store, and two unlicensed take-aways. There are residential units above this row of shops. Opposite the premises is the Stockley Park golf course. Photographs of the premises and its immediate vicinity are attached at Appendix 5. 3.5 Other Licensed Premises Nearby and Licensable Activity TImes Premises Address Licensable Activities and Hours Dawley Superfoods Ltd t/a Costcutter 2-3 Dawley Parade Dawley Road Hayes UB3 1EA Sale of Alcohol (Off sales only) Monday to Sunday 06.00 hours to 00.00 hours Spike Bar and First Floor Restaurant Stockley Park Golf Course Stockley Park Uxbridge UB11 1AQ Sale of Alcohol (On and Off sales) Monday to Sunday 10.00 hours to 00.00 hours Live Music, Performance of Dance and Anything of a Similar Description Monday to Sunday 09.00 hours to 00.30 hours Recorded Music Monday to Sunday 05.30 hours to 00.30 hours Late Night Refreshment Monday to Sunday 23.00 hours to 00.30 hours In addition to the hours detailed above, when functions are held and the premises are closed to the general public during the extended hours:- Sale of Alcohol Monday to Sunday 10.00 hours to 03.00 hours the following day Live Music, Performance of Dance and Anything of a Similar Description Monday to Sunday 09.00 hours to 03.30 hours the following day Recorded Music Monday to Sunday 05.30 hours to 03.30 hours the following day Late Night Refreshment Monday to Sunday 23.00 hours to 03.30 hours the following day Licensing Sub-Committee – 21 October 2024 Part I – Public 3.6 Operating Schedule and Conditions Section 18 of the Operating Schedule of the application demonstrates the steps the applicant proposes to take to promote the licensing objectives, which are as follows: General 1. Strict implementation of challenge 25 policy 2. CCTV to be installed and 31 days recoding system 3. All staff to be trained in responsible alcohol retailing The Prevention of Crime and Disorder 1. CCTV shall be installed to Home Office Guidance standards and maintained in a good working condition and recordings shall be kept for 31 days and shall be made available to police and authorised Officers from the council. 2. The CCTV system shall be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises. 3. The CCTV system shall display on any reco rdings, the correct date and time of the recording. 4. A member of staff trained in the use of the CCTV system shall be available at the premise at all times that the premises are open to the public. 5. A CCTV camera shall be installed to cover the entrance of t he premises and further cameras installed to cover the internal area and servery counter. 6. A suitable intruder alarm complete with panic button shall be fitted and maintained. 7. An incident log shall be kept at the premises, and made available for Inspection on request to an authorised officer of the council or the Police, which will record the following: (a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received (d) any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service. 8. Staff training must be documented and based on legislation and operating procedures. All training shall be signed and dated, and a copy of su ch records will be available for inspection by Police and local authority enforcement officers. 9. All staff employed at the premises will have UK right to work status checked, once passed that stage they shall be offered employment. Public Safety 1. Installation of appropriate safety equipment 2. Fire exit signs displayed 3. CCTV working at all times The Prevention of Public Nuisance 1. Notice displayed asking customers to leave quietly from premises also customers will be told in person to leave quietly and not to disturb the local neighbourhood 2. Strict policy in place to tell all staff not to serve alcohol to drunks at all Licensing Sub-Committee – 21 October 2024 Part I – Public 3. Appropriate signage will be displayed, in prominent position informing customers they are being recorded on CCTV The Protection of Children from Harm 1. A challenge 25 policy will be in force, where any person looking under the age of 25 shall be asked to prove their age when attempting to purchase alcohol and signs to this effect will be displayed at the premises. Challenge 25 posters displayed where alcohol is sold. 2. The only acceptable ID will be those with photographic identification documents, including passport, photo-card, driving license or proof of age card bearing the PASS hologram. 3. An refusal book shall be kept at the premises and u pdated as and when required, and made available for inspection on request to an Licensing Officer, Police or other responsible authority. 4. The licensee will ensure that staff are trained regularly as appropriate in respect to the Licensing Act 2003 legislation, staff to be trained regularly in underage sales prevention. 5. A sign stating “No proof of age – No sale” shall be displayed at the point of sale. 4.0 CONSULTATION 4.1 Closing date for representations 25 September 2024 4.2 Public Notice published in local newspaper 4 September 2024 – Uxbridge Gazette. 5.0 REPRESENTATIONS 5.1 Representations have been received from the following interested parties: Interested Party Grounds for Representations Appendix Bhajan Khaneja Prevention of Public Nuisance, Prevention of Crime and Disorder 2 Fahim Hajisa Prevention of Public Nuisance, Prevention of Crime and Disorder 3 5.2 No Members’ Enquiries have been received by the licensing service for this premises. No complaints have been received by the licensing service regarding this premises, although it should be noted that the premises is not currently licensed and not trading. There have been no representations received from any of the Responsible Authorities. Licensing Sub-Committee – 21 October 2024 Part I – Public 6.0 BACKGROUND INFORMATION 6.1 Designated Premises Supervisor The proposed Designated Premises Supervisor is Pito Singh Chopra (also the proposed licence holder), who currently holds a Personal Licence issued by the London Borough of Hillingdon. 6.2 A Map of the area is attached at Appendix 4. 7.0 OFFICER'S OBSERVATIONS 7.1 Both representations mention the potential for the grant of this licence to exacerbate existing nuisance and anti-social behaviour issues in the local area. Objectors may expand upon their original submissions but should not introduce new evidence during the hearing, unless the new evidence is provided and circulated before the hearing or introduced at the hearing with the agreement of all parties present. 7.2 It should be noted that both the Police and the council’s Environmental Protection team were consulted on this application as statutory consultees in their roles as Responsible Authorities, but no representations were received from these authorities. 7.3 The representations from Bhajan Khaneja state that they are concerned that the grant of a new licence will affect their business. These comments do not directly relate to one or more of the licensing objectives, and therefore should not be taken into account when considering the representations. The representa tions from Bhajan Khaneja do however mention their concerns that granting this licence could result in increased crime and disorder in the area, which may be considered to be relevant to the licensing objectives. 7.4 The premises previously traded as a local convenience store and held a licence to sell alcohol from 07.00 hours to 00.00 hours Monday to Sunday. The premises licence was surrendered on 14th August 2024, but we are advised that the premises had ceased trading in September 2023. The applicant for this licence is not the same person as the previous licence holder. 7.5 The representations mention anti -social behaviour occurring in a local car park. There is parking available on Dawley Parade and Dallega Close. These parking spaces are covered by the council’s parking management scheme and are available for use by permit holders only between 08.00 hours and 18.30 hours Monday to Saturday. Permit bays are available outside the premises to a distance of approximately 125 metres away. Immediately outside the premises are seven pay and display bays, operational between 08.00 hours and 18.30 hours Monday to Saturday. 7.6 There is a private yard, accessible down the side of 7 Dawley Parade, which could also be used for parking, but this land is privately owned and does not fall under the responsibility of the council. 7.7 Both representations mention how there is already an existing licensed premises in the area. This location is not covered by a cumulative impact zone or other special policy under the council’s Licensing Policy and there is no power to limit the number of premises within a specific area. Any discussion regarding this application should focus upon the application and premises in question. Licensing Sub-Committee – 21 October 2024 Part I – Public 8.0 RELEVANT SECTIONS OF S.182 GUIDANCE 8.1 Public nuisance Paragraph 2.27 states “Beyond the immediate area surrounding the premises, these are matters for the personal responsibility of individuals under the law. An individual who engages in antisocial behaviour is accountable in their own right. However, it would be perfectly reasonable for a licensing authority to impose a condition, following relevant representations, that requires the licence holder or club to place signs at the exits from the building encouraging patrons to be quiet until they leave the area, or that, if they wish to smoke, to do so at designated places on the premises instead of outside, and to respect the rights of people living nearby to a peaceful night”. 8.2 Determining actions that are appropriate for the promotion of the licensing objectives Paragraph 9.42 states "Licensing authorities are best placed to determine what actions are appropriate for the promotion of the licensing objectives in their areas. Al l licensing determinations should be considered on a case-by-case basis. They should take into account any representations or objections that have been received from responsible authorities or other persons, and representations made by the applicant or premises user as the case may be". Paragraph 9.43 states "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". Paragraph 9.44 states "Determination of whether an action or step is appropriate for the promotion of the licensing objectives requires an assessment of what action or step would be suitable to achieve that end. While this does not therefore require a licensing author ity to decide that no lesser step will achieve the aim, the authority should aim to consider the potential burden that any condition would impose on the premises licence holder (such as the financial burden due to restrictions on licensable activities) as well as the potential benefit in terms of the promotion of the licensing objectives. However, it is imperative that the authority ensures that the factors which form the basis of its determination are limited to consideration of the promotion of the object ives and nothing outside those parameters. As with the consideration of licence variations, the licensing authority should consider wider issues such as other conditions already in place to mitigate potential negative impact on the promotion of the licensing objectives and the track record of the business. Further advice on determining what is appropriate when imposing conditions on a licence or certificate is provided in Chapter 10. The licensing authority is expected to come to its determination based on an assessment of the evidence on both the risks and benefits either for or against making the determination". 8.3 Proportionality Paragraph 10.2 states “Conditions include any limitations or restrictions attached to a licence or certificate and essentially are the steps or actions that the holder of the premises licence or the club premises certificate will be required to take or refrain from taking in relation to the carrying on of licensable activities at the premises in question. Failure to co mply with any condition attached to a licence or certificate is a criminal offence, which on conviction is punishable by an unlimited fine or up to six months’ imprisonment. The courts have made clear that it is particularly important that conditions which are imprecise or difficult for a licence holder to observe should be avoided”. Licensing Sub-Committee – 21 October 2024 Part I – Public Paragraph 10.8 states “The licensing authority may not impose any conditions unless its discretion has been exercised following receipt of relevant representations and it is s atisfied as a result of a hearing (unless all parties agree a hearing is not necessary) that it is appropriate to impose conditions to promote one or more of the four licensing objectives. In order to promote the crime prevention licensing objective conditions may be included that are aimed at preventing illegal working in licensed premises. This provision also applies to minor variations. Paragraph 10.10 states "The 2003 Act requires that licensing conditions should be tailored to the size, type, location and characteristics and activities taking place at the premises concerned. Conditions should be determined on a case -by-case basis and standardised conditions which ignore these individual aspects should be avoided. For example, conditions should not be used to implement a general policy in a given area such as the use of CCTV, polycarbonate drinking vessels or identity scanners where they would not be appropriate to the specific premises. Conditions that are considered appropriate for the prevention of illegal working in premises licensed to sell alcohol or late night refreshment might include requiring a premises licence holder to undertake right to work checks on all staff employed at the licensed premises or requiring that evidence of a right to work check, either physical or digital (e.g. copy of any document checked or a clear copy of the online right to work check) is retained at the licensed premises. Licensing authorities may also wish to consider placing additional conditions on licences to safeguard patrons against spiking, if deemed appropriate and proportionate for a specific venue where there is evidence to justify such action (a definition of spiking can be found in para 2.7). Licensing authorities and other responsible authorities should be a live to the indirect costs that can arise because of conditions. These could be a deterrent to holding events that are valuable to the community or for the funding of good and important causes. Licensing authorities should therefore ensure that any conditions they impose are only those which are appropriate for the promotion of the licensing objectives". 8.4 Hours of Trading Paragraph 10.13 states "The Government acknowledges that different licensing strategies may be appropriate for the promotion of the licensing objectives in different areas. The 2003 Act gives the licensing authority power to make decisions about the hours during which premises can conduct licensable activities as part of the implementation of its licensing policy statement. Licensing authorities are best placed to make decisions about appropriate opening hours in their areas based on their local knowledge and in consultation with responsible authorities. However, licensing authorities must always consider each application and must not impose predetermined licensed opening hours, without giving individual consideration to the merits of each application". Paragraph 10.15 states “Shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the pr emises at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours”. Licensing Sub-Committee – 21 October 2024 Part I – Public 8.5 Licensing Hours Paragraph 14.51 states “With regard to licensing hours, the Government acknowledges that different licensing approaches may be appropriate for the promotion of the licensing objectives in different areas. The 2003 Act gives the licensing authority power to make decisions regarding licensed opening hours as part of the implementation of its licensing policy statement and licensing authorities are best placed to make such decisions based on their local knowledge and in consultation with other responsible authorities. However , licensing authorities must always consider each application and must not impose predetermined licensed opening hours, without giving individual consideration to the merits of each application”. Paragraph 14.52 states “Statements of licensing policy should set out the licensing authority’s approach regarding licensed opening hours and the strategy it considers appropriate for the promotion of the licensing objectives in its area. The statement of licensing policy should emphasise the consideration which will be given to the individual merits of an application. The Government recognises that licensed premises make an important contribution to our local communities, and has given councils a range of tools to effecti vely manage the different pressures that licensed premises can bring. In determining appropriate strategies around licensed opening hours, licensing authorities cannot seek to restrict the activities of licensed premises where it is not appropriate for the promotion of the licensing objectives to do so”. 8.6 The Need for Licensed Premises Paragraph 14.19 states “There can be confusion about the difference between the “need” for premises and the “cumulative impact” of premises on the licensing objectives, for example, on crime and disorder. “Need” concerns the commercial demand for another pub or restaurant or hotel and is a matter for the planning authority and for the market. This is not a matter for a licensing authority in discharging its licensing fun ctions or for its statement of licensing policy”. 9.0 RELEVANT SECTIONS OF HILLINGDON’S LICENSING POLICY 9.1 Licensing Objectives – The Prevention of Crime and Disorder Paragraph 10.1 states “Licensed premises, especially those offering late night/early morning entertainment, alcohol and refreshment, can be a source of crime and disorder. The Licensing Authority will expect operating schedules to satisfactorily address these issues from the design of the premises through to the daily operation of the business. Applicants are recommended to seek advice from the Police Licensing Officer and Licensing Authority Officers prior to making any application as early advice can alleviate representations being made once an application is submitted. Full c ontact details for both are contained within the Responsible Authorities contact in appendix B”. Paragraph 10.3 states “Where a number of premises may be in close proximity it may be difficult to attribute the disorder to patrons of particular premises, however there is a duty on Premises Licence Holders or Club Management Committees to act responsibly to ensure their own customers do not contribute to crime and disorder whilst in their premises and in the vicinity of their premises”. Paragraph 10.6 states “Applications referred to the Licensing Sub-Committee where relevant representations have been received will be determined on the individual merit of each case. Licensing Sub-Committee – 21 October 2024 Part I – Public The Licensing Sub-Committee has the power to impose specific conditions when considered appropriate in respect of the Crime and Disorder objective”. 9.2 Licensing Objectives – The Prevention of Public Nuisance Paragraph 12.1 states “Licensing Sub Committees will be mindful that licensed premises, especially those operating late at night and in the early hours of the morning, can cause a range of nuisances impacting on people living, working or sleeping in the vicinity of the premises. When addressing public nuisance the applicant should identify any particular issues that are likely to affect adversely the promotion of the licensing objective to prevent public nuisance. They should then include in the operating schedule how the y will deal with those matters. The concerns mainly relate to noise nuisance from within the premises or from the use of any outside areas, light pollution, smoke and noxious smells. This may also include patrons outside a premises and the dispersal of cus tomers. Due regard will be given to the impact these may have and the Licensing Authority will expect operating schedules to satisfactorily address these issues.” Paragraph 12.7 states “Applications referred to the Licensing Sub -Committee will be determined on the individual merit of each case. The Licensing Sub -Committee have the power to impose specific conditions when considered necessary in respect of the Prevention of Public Nuisance objective”. 9.3 Licensing Hours Paragraph 25.1 states “Prior to the introduction of the Licensing Act 2003, it was believed that fixed and artificially early closing times (established under the Licensing Act 1964) were one of the key causes of rapid binge drinking prior to closing times and one of the causes of disorder and disturbance when large number of customers were required to leave the premises simultaneously”. Paragraph 25.2 states “The aim through promotion of the licensing objectives should be to reduce the potential for concentrations and achieve a slower dispersal of people from licensed premises through flexible opening times”. Paragraph 25.3 states “Arbitrary restrictions that would undermine the principle of flexibility will therefore be avoided. The four licensing objectives will be paramount at all times and the Council will always consider the individual merits of each case”. Paragraph 25.4 states “In accordance with guidance there is no fixed restriction on terminal hours for any particular areas of the borough. Such a restriction could cause the migration of patrons from one area to another and create the circumstances that the legislation is attempting to avoid. Each application will be dealt with on its merits. It is for the applicants to detail in their Operating Schedule exactl y what times they intend to open and close the premises and what measures they will take to ensure that they do not cause nuisance or disturbance to their neighbours in the vicinity. The later the terminal hour applied for, the greater will be the need to address the issues of disturbance and nuisance”. Paragraph 25.5 states “Shops, stores and supermarkets licensed to sell alcohol will normally be allowed to do so for the full duration of their trading hours. Restrictions may be applied, for example where representations are made indicating the particular premises or patrons of the premises are linked to disorder and or disturbance”. Licensing Sub-Committee – 21 October 2024 Part I – Public 9.5 Licence Conditions Paragraph 20.1 states “Conditions on premises licences and club certificates are determined by:  The measures put forward on the Operating Schedule  Mandatory conditions within the Act (current list included as Appendix G)  Measures decided at a hearing by the Licensing Sub Committee” Paragraph 20.2 states “Conditions attached to licences by the Licensing Authority that have been proposed by the applicant in their operating schedule should be consistent with the steps set out in the operating schedule. This means that the effect of these conditions should be substantially the same as that intended by the terms of the operating schedule”. Paragraph 20.3 states “ Any conditions attached to licences following relevant representations will focus on matters within the control of the Premises Licence Holder or Club Management Committees. They will addres s matters which have a direct impact on those living, working or engaged in normal activities in the vicinity, as well as patrons of the licensed premises. They will not be used as a means of attempting to attach responsibility to Premises Licence Holders or Club Management Committees for matters outside their reasonable control, such as anti -social behaviour once away from the premises or licensable activity. Conditions imposed by the Licensing Authority shall be appropriate, reasonable, and proportionate and should be determined on a case-by-case basis”. Paragraph 20.4 states “The Licensing Authority will not impose standard conditions upon every licence issued, however it may have regard to model conditions produced by the Government and/or the Institu te of Licensing and it may choose to impose these in appropriate circumstances”. 10.0 LEGAL CONSIDERATIONS 10.1 When considering an application for a grant of a new Premises Licence, the Sub-Committee shall carry out its functions with a view to taking steps it considers appropriate for promoting the licensing objectives. The licensing objectives are:  Prevention of crime and disorder  Public Safety  Prevention of public nuisance  Protection of children from harm 10.2 Members should note that each objective is of equal importance. There are no other licensing objectives and the four objectives are paramount considerations at all times. 10.3 An application for a new premises licence may be made pursuant to s.16 and s.17 of the Act, and with regard to the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005/42 and the Licensing Act 2003 (Fees) Regulations 2005/79. 10.4 The Sub-Committee must ensure that all licensing decisions: Licensing Sub-Committee – 21 October 2024 Part I – Public  Have a direct relationship to the promotion of one or more of the four licensing objectives  Have regard to the Council's statement of licensing policy  Have regard to the Secretary of State guidance  Must not be subject to a blanket policy to the extent that it is applied so rigidly that an exercise of discretion in each individual case is precluded 10.5 Where relevant representations are made, the licensing authority must hold a hearing to determine the application, unless all are agreed that such a hearing is unnecessary under s.18(3)(a) Licensing Act 2003. 10.6 Relevant representations are those that relate to the effect of the granting of the application on the promotion of the licensing objectives made by an interested party or responsible authority that have not been withdrawn and are not, in the opinion of the relevant licensing authority, frivolous or vexatious under s.18(7) Licensing Act 2003. 10.7 The Sub-Committee can only consider matters within the application that have been raised through representations from interested parties and responsible authorities. All applications will be decided on a case-by-case basis. 10.8 Following a hearing, the Sub -Committee must consider all relevant representations, and having taken into account the promotion of the licensing objectives, under s.18(3(b) and (4) Licensing Act 2003, a decision can be taken:- i. To grant the licence, subject to the mandatory conditions a nd conditions consistent with the operating schedule; ii. To impose additional relevant conditions to such an extent as is considered appropriate for the promotion of the licensing objectives; iii. To exclude any of the licensable activities to which the application relates; iv. To amend the times for all or some of the licensable activities; v. To refuse to specify a person in the licence as the premises supervisor; vi. To reject the application. 10.9 Conditions will not be necessary if they duplicate a current statutory requirem ent. The licensing authority may therefore only impose such conditions that are necessary to promote the licensing objectives arising out of the consideration of the representations. 10.10 If the Sub -Committee determines that it is necessary to modify the cond itions, or to refuse the application for a Premises Licence application, it must give reasons for its decision. 10.11 The Council in its capacity as licensing authority has a duty to have regard to its public sector equality duty under s.149 of the Equality Act 2010. In summary s.149 provides that a Public Authority must, in the exercise of its functions, have due regard to the need to: i. Eliminate discrimination harassment, victimisation and any other conduct that is prohibited by or under this Act; ii. Advance e quality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and iii. Foster good relations between persons who share relevant protected characteristics and persons who do not. 10.12 Section 149(7) of the Equality Act 2010 defines nine relevant protected characteristics these are: Licensing Sub-Committee – 21 October 2024 Part I – Public i. age ii. gender reassignment iii. being married or in a civil partnership iv. being pregnant or on maternity leave v. disability vi. race including colour, nationality, ethnic or national origin vii. religion or belief viii. sex ix. sexual orientation 10.13 Officers have provided the Sub-Committee with recommendations related to this application. Subject to the above -mentioned factors having been properly considered, the Sub - Committee may depart from the recommendations if t here are good reasons for doing so. The Sub-Committee is advised that such departures could give rise to an appeal or judicial review. 10.14 Interested parties, Responsible Authorities and the Applicant have the right to appeal the decision of the Licensing Sub-Committee to the Magistrates’ Court within a period of 21 days beginning with the day on which the applicant was notified by the licensing authority of the decision to be appealed against.

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📄 Appendix 1 - Application & Plan , item 75. PDF 5 MB
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Appendix 1 Store Store Toilet Spirits and Vapes Confectionary Counter Area W ine section Alcohol fridge Freezer Groceries Groceries Groceries Soft drink and dairy fridge Fruits and veg section Ice cream F 22 Entrance 1 Drawing No. AC070 Date: 27/08/24 Key Scale : 1:100 Paper : A4 F 22 Fire Extinguisher Fire Exit Signs CCTV Cameras Licensable Area CCTV Recordings 31 Days Property Address: Daman Food & Wine 6 Dawley Parade Dawley Road Hayes UB3 IEA PROPOSED LICENCE PLAN

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📄 Appendix 3 - Representations from F Hajisa , item 75. PDF 70 KB
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From: Fahim Hajisa To: licensing Subject: 6 Dawley Road Date: 25 September 2024 17:58:52 [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Dear Council I’m writing to formally object to the opening of a new off-licence store in the premises below my residence.there is already an existing store in the area, which has significantly increased traffic and noise and a lot of fights for the car park.Adding another off licence would not only exacerbate these issues but also provide little to no benefit to the community,given the current availability of similar services.I believe that this addition would negatively impact the quality of life in the neighbourhood. Thanks you for considering my concerns. Sent from my iPhone APPENDIX 3

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