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Licensing Sub-Committee – 14 March 2025
Part I – Public
Application for the grant of a Premises Licence: McDonalds, 22/24
Station Road, Hayes, UB3 4DA
Committee Licensing Sub-Committee
Officer Contact Mark Rose – Licensing Officer
Papers with report Appendix 1 - Application for the grant of a new premises licence
Appendix 2 - Plan of premises
Appendix 3 - Representation from a Ward Councillor
Appendix 4 - Representation from an Interested Party
Appendix 5 - Map of the area
Appendix 6 - Photo of the premises
Ward name Hayes Town
1.0 SUMMARY
To consider an application for the grant of a new premises licence as seen in Appendix 1 in respect
of McDonalds, 22/24 Station Road, Hayes, UB34DA which has attracted representations, from
a Ward Councillor and an interested party. The plan of the premises is attached here as Appendix
2.
2.0 RECOMMENDATION
That the Licensing Sub-Committee consider this application for the grant of a new premises licence
in respect of McDonalds, 22/24 Station Road, Hayes, UB34DA.
3.0 APPLICATION
This new premises licence application has been submitted by Elaine Rayner, an agent, acting on
behalf of the applicant Rocket Restaurants Limited.
This application has been submitted as permitted under Section 2(3) of the Licensing Act 2003 and
it seeks permission for late-night refreshment, Monday to Sunday 23:00 hours to 00:00 hours. (7
days a week).
Opening hours sought are from Monday to Sunday from 06:00 – 00:00 hours 7 days a week.
The hours and the lice nsable activities are listed with further details in paragraphs 3.3 and 3.4
below.
3.1 Type of application applied for
New premises licence application pursuant to Section 17 of Licensing Act 2003.
3.2 Description of the premises
In section 5 in Appendix 1, the applicant has described the premises as follows-
Restaurant selling hot food and non-alcoholic drink for consumption on and off the premises.
Licensing Sub-Committee – 14 March 2025
Part I – Public
The premises is situated on a busy road that has many restaurants and fast-food outlets. There
are off licenses and a casino style establishment at 32/36 Station Road. There are 2 public houses
in close vicinity.
It is situated between Boots and ‘The Village’ a shop containing 4 units which offers locksmith
services, 2 hairdressers and a repair shop.
Many of the shops in the area appear to have residential properties above them.
3.3 Licensable Activities
Activity Proposed for new
premises licence
Late Night
Refreshment Indoors and Outdoors x
3.4 Opening Hours and proposed hours for licensable activity
Late Night Refreshment
Monday 23:00 - 00:00
Tuesday 23:00 - 00:00
Wednesday 23:00 - 00:00
Thursday 23:00 - 00:00
Friday 23:00 - 00:00
Saturday 23:00 - 00:00
Sunday 23:00 - 00:00
Opening Hours of The Premises
Monday 06:00 – 00:00
Tuesday 06:00 – 00:00
Wednesday 06:00 – 00:00
Thursday 06:00 – 00:00
Friday 06:00 – 00:00
Saturday 06:00 – 00:00
Sunday 06:00 – 00:00
3.5 Other licensed premises nearby
Premises Activities Authorised Times Authorised
Sofia’s Superstore
38 Station Road
Hayes
UB34DD
Sale of alcohol – Off
supplies only
Monday to Sunday 09.00 hours to
21:30 hours.
Good Friday 08.00 hours to 22.30
hours
Christmas Day 12.00 hours to 15.00
hours and 19.00 hours to 22.30 hours
The Old Crown
81 Station Road
Hayes
UB34BG
Sale of alcohol – on and
off sales only
Regulated entertainment.
a) Provision of live music:
From 10.00 hours until 00.00 hours
every day
b) Provision of recorded music:
From 10.00 hours until 00.00 hours
every day, except when the sale of
alcohol is extended as in f) below then
until 01.00 hours the following day.
Licensing Sub-Committee – 14 March 2025
Part I – Public
Late night refreshment
c) Provision of facilities for making
music:
From 20.00 hours until 00.00 hours
every day except when the sale of
alcohol is extended as in f) below then
until 01.00 hours the following day.
d) Provision of facilities for dancing:
From 20.00 hours until 01.00 hours
every day except when the sale of
alcohol is extended as in f) below then
until 02.00 hours the following day.
e) Provision of late night
refreshment:
From 23.00 hours until 01.00 hours the
following day, every day, except when
the sale of alcohol is extended as in f)
below then until 02.00 hours the
following day.
f) Sale of alcohol:
From 10.00 hours until 01.00 hours the
following day, every day
On Friday, Saturday, Sunday and
Monday of Bank Holiday weekends,
Christmas Eve and Boxing day, from
10.00 hours until 02.00 hours the
following day
On New Years Eve, from 10.00 hours
until 02.00 hours on New Years Day
From 07.00 hours until 02.00 hours the
following day on 15 occasions per
calendar year, subject to providing the
Licensing Service, the Councils
Environmental Protection Unit and the
Metropolitan Police Service 10 working
days notice, and then only on receiving
a subsequent ‘CONSENT’ from the
Councils Licensing Service, in respect
of this agreement to the specified day
and/or times applied for.
Save More Superstore
75 Station Road
Hayes
UB34BG
Sale of alcohol – Off
sales
Between 08:00 hours and 00:00 hours
Monday to Sunday
The Fone & Vape off
licence
21 Station Approach
Hayes
UB34BD
Sale of alcohol – off
sales only
From 08:00 hours until 23:00 hours
every day
Licensing Sub-Committee – 14 March 2025
Part I – Public
Hari News
17 Station Road
Hayes
UB34BD
Sale of alcohol – off
sales only
From 07:00 hours until 23:00 hours
Monday to Sunday
Global Wine Mart
18/20 Coldharbour
lane
Hayes
UB33EW
Sale of alcohol – off
sales only Between 08:00 – 00:00 hours
Sira’s
42/44 Coldharbour
Lane
Hayes
UB33EP
Sale of Alcohol – off
sales only
Monday to Saturday 08:00 hours to
21:00 hours
Sunday 10:00 hours to 21:00 hours
Botwell Inn
25/29 Coldharbour
Lane
Hayes
UB33EB
Sale of alcohol –On and
off sales
Late Night refreshment
Sale of alcohol
On Sunday, Monday, Tuesday,
Wednesday and Thursday, except
Christmas Eve, New Years Eve and
Boxing Day, between 09:00 hours and
00:30 hours.
On Friday and Saturday, except
Christmas Eve, New Years Eve and
Boxing Day, between 09:00 hours and
01:00 hours.
On Christmas Eve and Boxing Day
between 09:00 hours and 02:00 hours.
On New Years Eve from 09:00 hours
until 09:00 hours on New Years Day
An additional hour following the times
detailed in above on:-
Burns Night – 25 January
Australia Day – 26 January
St. David’s Day – 1 March
St. Patrick’s Day – 17 March
St George’s Day – 23 April
St. Andrew’s Day - 30 November
An additional 30 minutes following the
times detailed in above on:-
Thursdays preceding Easter
Sundays preceding a Bank Holiday
Between the hours of 06:00 and 03:00
the following day, on no more than 12
Licensing Sub-Committee – 14 March 2025
Part I – Public
Botwell Inn
25/29 Coldharbour
Lane
Hayes
UB33EB
Sale of alcohol –On and
off sales
Late Night refreshment
occasions per calendar year, subject to
providing the Licensing Service, the
Councils Environmental Protection Unit
and the Metropolitan Police Service 10
working days notice, and then only on
receiving a subsequent ‘CONSENT’
from the Councils Licensing Service, in
respect of this agreement to the
specified day and/or times applied for.
Late night refreshment
From 23.00 hours to the terminal times
detailed above.
On Sunday, Monday, Tuesday,
Wednesday and Thursday, except
Christmas Eve, New Years Eve and
Boxing Day, between 07:00 hours and
01:30 hours.
On Friday and Saturday, except
Christmas Eve, New Years Eve and
Boxing Day, between 07:00 hours and
02:00 hours.
On Christmas Eve and Boxing Day
between 07:00 hours and 03:00 hours.
On New Years Eve from 07:00 hours
until 07:00 hours on New Years Day.
An additional hour to the times stated in
above on:-
Burns Night – 25 January
Australia Day – 26 January
St. David’s Day – 1 March
St. Patrick’s Day – 17 March
St George’s Day – 23 April
St. Andrew’s Day -30 November
An additional 30 minutes following the
times detailed in above on:-
Thursdays preceding Easter
Sundays preceding a Bank Holiday
Salvador’s Piri Piri
13 Coldharbour Lane
Hayes
UB33EA
Late Night refreshment
Each day between 23.00 hours and
03.00 hours the following day
Masters
5 Coldharbour Lane
Hayes
UB33EA
Sale of alcohol – off
sales only
Monday to Saturday 0800 to 2300
hours
Sunday 1000 to 2230
hours
Good Friday 0800 to 2230
hours
Christmas Day 1200 to 1500 and
1900 to 2230 hours
Licensing Sub-Committee – 14 March 2025
Part I – Public
Fone Station & Off
Licence
6 Botwell Lane
Hayes
UB32AA
Sale of alcohol – off
sales only
Monday to Sunday 08.00 hours to
23.00 hours
Papa John’s
8 Botwell Lane
Hayes
UB32AA
Late Night refreshment Sunday - Thursday 23:00 to 02:00
Friday - Saturday 23:00 to 03:00
Best Food & Wine
25 Botwell Lane
Hayes
UB32AB
Sale of alcohol – off
sales only
Monday to Saturday 08.00 hours to
23.00 hours
Sunday 10.00 hours to
22.30 hours
Good Friday 08.00 hours to
22.30 hours
Christmas Day 12.00 hours to
15.00 hours and 19.00 hours to 22.30
hours
3.6 Operating Schedule and Conditions
Section 18 of the operating schedule of the application in Appendix 1 demonstrates the steps the
applicant proposes to take to promote the licensing objectives.
4.0 CONSULTATION
4.1 Closing date for representations
14th February 2025.
4.2 Public Notice published in local newspaper
22nd January 2025 – West London Gazette.
5.0 REPRESENTATIONS
5.1 We have received no representations from the Licensing Authority or the Metropolitan Police,
acting as Responsible Authorities under the Act.
5.2 We have received representations a local ward Councillor in Janet Gardner, and David Brough on
behalf of Hayes Town Ward Safer Neighbourhood Panel.
Interested Parties Ground for Representation Appendix
Cllr Janet Gardner
Prevention of Crime and Disorder
Prevention of Public Nuisance
Appendix 3
David Brough
Prevention of Crime and Disorder
Prevention of Public Nuisance
Protection of Children from Harm
Public Safety
Appendix 4
Licensing Sub-Committee – 14 March 2025
Part I – Public
6.0 BACKGROUND INFORMATION
6.1 A map of the area is attached as Appendix 5.
6.2 A photo of the premises is attached as Appendix 6.
6.3 There have been no recorded Members' Enquires for this premises.
6.4 Hayes Methodist Church is approx. 70 metres from the premises.
7.0 RELEVANT SECTIONS OF S.182 GUIDANCE
7.1 Where representations are made
At paragraph 9.3 it states that “Where a representation concerning the licensing objectives is made by a
responsible authority about a proposed operating schedule and it is relevant (see paragraphs 9.4 to 9.10),
the licensing authority’s discretion will be engaged. It will also be engaged if another person makes relevant
representations to the licensing authority, which are also not frivolous or vexatious (see paragraphs 9.4 to
9.10). Relevant representations can be made in opposition to or in support of, an application and can be
made by any individual, body or business that has grounds to do so.
7.2 Relevant, vexatious and frivolous representations
At paragraph 9.4 it states that “A representation is “relevant” if it relates to the likely effect of the grant of
the licence on the promotion of at least one of the licensing objectives. For example, a representation from
a local businessperson about the commercial damage caused by competition from new licensed premises
would not be relevant. On the other hand, a representation by a businessperson that nuisance caused by
new premises would deter customers from entering the local area, and the steps proposed by the applicant
to prevent that nuisance were inadequate, would be relevant. In other words, representations should relate
to the impact of licensable activities carried on from premises on the objectives. For representations in
relation to variations to be relevant, they should be confined to the subject matter of the v ariation. There
is no requirement for a responsible authority or other person to produce a recorded history of problems at
premises to support their representations, and in fact this would not be possible for new premises.”
At paragraph 9.9 it states that “It is recommended that, in borderline cases, the benefit of the doubt about
any aspect of a representation should be given to the person making the representation. The subsequent
hearing would then provide an opportunity for the person or body making the representation to amplify and
clarify it.”
7.3 Determining actions that are appropriate for the promotion of the licensing objectives
At paragraph 9.42 it states that "Licensing authorities are best placed to determine what actions are
appropriate for the promotion of the licensing objectives in their areas. All 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".
At paragraph 9.43 it states 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".
At paragraph 9.44 it states that "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 authority to decide that no lesser step
Licensing Sub-Committee – 14 March 2025
Part I – Public
will achieve the aim, the authority should aim to consider the potential burden that the 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, the Revised Guidance issued under section 182 of the Licensing Act 2003 informs that 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 objectives 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".
7.4 Proportionality
At paragraph 10.2 it 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 comply 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 s ix 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.”
At paragraph 10.8 it states, “The licensing authority may not impose any conditions unless its discretion
has been exercised following receipt of relevant representations and it is satisfied 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.”
At paragraph 10.9 It is possible that in some cases no additional conditions will be appropriate to promote
the licensing objectives.
At paragraph 10.10 it states that "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 preve ntion 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 a
copy of any document checked as part 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 and other responsible authorities should be alive 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".
Licensing Sub-Committee – 14 March 2025
Part I – Public
7.5 Hours of Trading
At paragraph 10.13 it 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 consu ltation 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”.
At paragraph 1 0.14 it states, “Where there are objections to an application to extend the hours during
which licensable activities are to be carried on and the licensing authority determines that this would
undermine the licensing objectives, it may reject the applicati on or grant it with appropriate conditions
and/or different hours from those requested.”
At paragraph 10.15 it states “Shops, stores and supermarkets should normally be free to provide sales
of alcohol for consumption off the premises 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.”
7.6 Licensing Hours
At paragraph 14.51 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.
At paragraph 14.52 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 effectively 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.
7.7 The Need for Licensed Premises
At paragraph 14.19 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 hote l 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
functions or for its statement of licensing policy.
8.0 RELEVANT SECTIONS OF HILLINGDON’S LICENSING POLICY
8.1 Licensing Objectives – The Prevention of Crime and Disorder
At paragraph 10.1 Licensed premises, especially those offering late night/early morning entertainment,
alcohol and refreshment, can be a source of crime and disorder. The Licensing Authority wil l 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
Licensing Sub-Committee – 14 March 2025
Part I – Public
representations being made once an application is submitted. Full contact details for both are contained
within the Responsible Authorities contact in appendix B.
At paragraph 10.3 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.
At paragraph 10.6 Applications referred to the Licensing Sub-Committee where relevant representations
have been received will be determined on the individual merit of each case. The Licensing Sub-Committee
has the power to impose specific conditions when considered appropriate in respect of the Crime and
Disorder objective.
8.2 Licensing Objectives – Public Safety
At paragraph 11.5 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 Public Safety objective.
8.3 Licensing Objectives – The Prevention of Public Nuisance
At paragraph 12.1 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
they 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 i nclude
patrons outside a premises and the dispersal of customers. Due regard will be given to the impact these
may have and the Licensing Authority will expect operating schedules to satisfactorily address these
issues.
At paragraph 12.7 Applications refe rred 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.
8.4 Licensing Objectives – The Protection of Children from Harm
At paragraph 13.7 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 Protection of Children from Harm objective.
8.5 Representations
At paragraph 17.2 Representations can be made to the Council, as Licensing Authority, by a ‘Responsible
Authority’ or by ‘Interested Parties’ which include individuals such as residents or bodies such as a
resident’s association, trade associations and other businesses operating. Representations can be made
concerning:
Applications for new premises licences or club premises certificates
Applications to vary premises licences or club premises certificates
Personal licence applications on criminal grounds (only by the Police)
At paragraph 17.9 The Licensing Act 2003 also permits Elected Members to make representations on
their own beh alf as well as on behalf of their constituents. Members of the public who are making
representations may also request that their Ward Councillor speaks on their behalf at public hearings to
determine applications.
Licensing Sub-Committee – 14 March 2025
Part I – Public
At paragraph 17.11 Written representations include letters and emails. Representations received after
the end of the public consultation period cannot legally be accepted and will not be considered by the
Licensing Authority.
At paragraph 17.12 Representations must contain;
a) The name, full address & post code, of the person making them;
b) The reasons for their representation;
c) Which of the four Licensing Objectives the representation relates to i.e. Crime and disorder; Public
Nuisance; Public safety; Protection of children from harm.
At paragraph 17.14 Representations based on ‘Need’ for licensed premises, concerns the commercial
demand for another pub, restaurant, off licence or hotel. This is not a matter for the licensing authority in
discharging its licensing funct ions. ‘Need’ is a matter for planning committees and for the market.
Representations made on the basis of need are likely to be rejected.
At paragraph 17.15 All valid representations will form part of a committee report that will become a public
document. It will be given to the applicant, their agent, responsible authorities, other persons making
representations and any other party requesting a copy as well as the Licensing Sub-committee 10 working
days prior to the hearing. Anonymous representations will not be accepted.
8.6 Licensing Hours
At paragraph 25.1 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.
At paragraph 25.2 The aim through promotion of the licensing objectives should be to reduce the potential
for concentrations and achieve a slo wer dispersal of people from licensed premises through flexible
opening times.
At paragraph 25.3 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.
At paragraph 25.4 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 migratio n 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 exactly 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.
At paragraph 25.5 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 o f the premises are linked to
disorder and or disturbance.
8.7 Licence Conditions
At paragraph 20.1 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
Licensing Sub-Committee – 14 March 2025
Part I – Public
At paragraph 20.2 Conditions attached to licences by the Licensing Authority that have been proposed
by the applicant i n 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.
At paragraph 20.3 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
address 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.
At paragraph 20.4 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 Institute of
Licensing and it may choose to impose these in appropriate circumstances.
9.0 LEGAL CONSIDERATIONS
9.1 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
9.2 Members should note that each objective is of equal importance. There are no other licencing
objectives, and the four objectives are paramount considerations at all times.
9.3 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.
9.4 The Sub-Committee must ensure that all licensing decisions:
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
9.5 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 s.18(3)(a) Licencing Act
2003.
9.6 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 licencing authority, frivolous or
vexatious s.18(7) Licensing Act 2003.
Licensing Sub-Committee – 14 March 2025
Part I – Public
9.7 The Sub-Committee can only consider matters within the application that have been raised through
representations from interested parties and responsible authorities. Interested parties must live
within the vicinity of the premises. All applications will be decided on a case-by-case basis.
9.8 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 and conditions consistent with the
operating schedule;
ii. To impose additional relevant conditions to such an extent as is considered necessary 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.
9.9 Conditions will not be necessary if they duplicate a current statutory requirement. The licencing
Authority may therefore only impose such conditions that are necessary to promote the licensing
objectives arising out of the consideration of the representations.
9.10 If the Sub -Committee determines that it is necessary to modify the conditions, or to refuse the
application for a Premises Licence application, it must give reasons for its decision.
9.11 The Council in its capacity as Licensing Authorit y 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 equality 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.
9.12 Section 149(7) of the Equality Act 2010 defines nine relevant protected characteristics these are:
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
9.13 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 there are good reasons for doing so. The
Sub-Committee is advised that such departures could give rise to an appeal or judicial review.
9.14 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.
Licensing Sub-Committee – 14 March 2025
Part I – Public
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