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Licensing Sub-Committee meeting – 24 April 2025
Part 1 - Public
Application for the variation of a Premises Licence: Prince
of Wales, 1 Harlington Road, Hillingdon, UB8 3HX
Committee Licensing Sub-Committee
Officer Contact Licensing Officer – Lois King - 01895 277067
Papers with report Appendix 1 - Application to vary a Premises Licence
Appendix 2 - Operating schedule to accompany the application
Appendix 3 - Current premises licence
Appendix 4 - Representations from Interested Parties
Appendix 5 - Photos, plans & maps
Appendix 6 - Dispersal Policy – Prince of Wales
Appendix 7 - Crime and ASB Data – Vicinity of Prince of Wales
Appendix 8 - Statement of Truth in support of application
Ward name Hillingdon East/ Colham & Cowley
1.0 SUMMARY
To consider an application to vary the current premises licence for the Prince of Wales, 1 Harlington
Road, Uxbridge, UB8 3HX. The application was submitted by NTAD Consultants Limited on behalf of
Mr Sheikh Sheraz Ahmed, Director of Game Measure Limited and is attached as Appendix 1. An
operating schedule to accompany the application form is attached as Appendix 2.
The variation application seeks to extend the authorisation for the sale of alcohol on and off the
premises between Sunday and Thursday until 00:00 hours and on Fridays and Saturdays until 01:00
hours. The premises licence currently authorises this activity until 23:00 hours between Sunday and
Thursday and until 00:00 hours on Fridays and Saturdays.
The variation application seeks to extend the authorisation for recorded music until 00: 00 hours
between Sunday and Thursday and until 01: 00 hours on Friday’s and – Saturday’s. The premises
licence currently authorises this activity until 23:00 hours Sunday – Thursday with music outside only
until 22:00 hours on these days and until 00:00 hours on Friday’s and Saturday’s with music outside
only permitted until 23:00 hours on these days.
The variation application seeks to extend the authorisation for live music to include the external area
as well as indoors from 10:00 – 23:00 hours seven days a week. The premises licence currently
authorises this activity indoors only Sunday to Thursday until 23:00 hours and Friday to Saturday until
00:00 hours.
The variation application seeks to extend the a uthorisation for the performance of dance until 00:00
hours Sunday – Thursday and until 01:00 hours Friday – Saturday and for the authorisation to include
the external area for belly dancing shows until 23:00 hours seven days a week. The premises licence
currently authorises this activity indoors only Sunday to Thursday until 23:00 hours and Friday –
Saturday until 00:00 hours.
The variation application seeks the authorisation of anything of a similar description to live music,
recorded music or performance of dance until 00:00 hours Sunday – Thursday and until 01:00 hours
Friday – Saturday (to provide belly dancer show in the external area no later than 23:00 hours on any
day of the week).
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The variation application seeks to extend the authorisation for late night refreshment until 00:00 hours
Sunday – Thursday and 01:00 hours Friday - Saturday. The premises licence currently authorises
this activity Friday – Saturday until 00:00 hours.
The opening hours will be Sunday – Thursday from 10:00 hours until 00:30 hours and Friday –
Saturday from 10:00 until 0 1:30 hours. The current opening hours on the licence are Sunday –
Thursday 10:00 hours until 23:30 hours and Friday – Saturday from 10:00 hours until 00:30 hours.
The application has attracted two representations from Interested Parties namely two Ward
Councillors.
2.0 RECOMMENDATION
That the Licensing Sub Committee consider the application to vary the current premises
licence in respect of the Prince of Wales, 1 Harlington Road, Uxbridge, UB8 3HX.
3.0 APPLICATION
An application to vary the premises licence for the Prince of Wales has been submitted by NTAD
Consultants Limited on behalf of Mr Sheraz Sheikh Ahmed, Director of Game Measure Limited. The
application seeks to extend the hours for licensable activities namely sale of alcohol, provision of
regulated entertainment (including live music, recorded music and performance of dance) and late-
night refreshment. The premises are situated on Harlington Road, Hillingdon, UB8 3HX.
3.1 Description of the premises
The premises is a pub and mediterranean restaurant with a beer garden at the rear which is used for
shisha smoking. The premises offers food, music and entertainment e.g. belly dancer to its customers.
The premises is situated near to residential dwellings on both the Uxbridge Road and Harlington
Road.
3.2 Current licensable activities, hours and opening hours
Activity Hours
Sale of alcohol Consumption on and off the
premises
Sunday – Thursday 10:00 – 23:00
Friday – Saturday 10:00 – 00:00
Live music Indoors only Sunday – Thursday 10:00 – 23:00
Friday – Saturday 10:00 – 00:00
Recorded Music Outdoors Sunday – Thursday 10:00 – 22:00
Friday – Saturday 10:00 – 23:00
Recorded Music Indoors Sunday – Thursday 10:00 – 23:00
Friday – Saturday 10:00 – 00:00
Performance of
Dance Indoors only Sunday – Thursday 10:00 – 23:00
Friday – Saturday 10:00 – 00:00
Late Night
Refreshment Friday – Saturday 23:00 – 00:00
Opening Hours
Monday 10:00 – 23:30
Tuesday 10:00 – 23:30
Wednesday 10:00 – 23:30
Thursday 10:00 – 23:30
Friday 10:00 – 00:30
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Saturday 10:00 – 00:30
Sunday 10:00 – 23:30
The current premises licence can be found in Appendix 3
3.3 Proposed hours for licensable activities and opening hours
Recorded
Music
(indoors and
outdoors)
Performance
of Dance
(indoors &
outdoors)
Live music
(indoors &
outdoors)
Late Night
Refreshment
(on & off
premises)
Sale of
Alcohol (on &
off premises)
Monday
10:00 – 00:00
Inside:
10:00 – 00:00
External area:
10:00 – 23:00
10:00 – 23:00 23:00 – 00:00 10:00 – 00:00
Tuesday
10:00 – 00:00 Inside:
10:00 – 00:00
External area:
10:00 – 23:00
10:00 – 23:00
23:00 – 00:00 10:00 – 00:00
Wednesday
10:00 – 00:00 Inside:
10:00 – 00:00
External area:
10:00 – 23:00
10:00 – 23:00
23:00 – 00:00 10:00 – 00:00
Thursday
10:00 – 00:00 Inside:
10:00 – 00:00
External area:
10:00 – 23:00
10:00 – 23:00
23:00 – 00:00 10:00 – 00:00
Friday
10:00 – 01:00 Inside:
10:00 - 01:00
External area:
10:00 – 23:00
10:00 – 23:00 23:00 – 01:00 10:00 - 01:00
Saturday
10:00 – 01:00 Inside:
10:00 - 01:00
External area:
10:00 – 23:00
10:00 – 23:00 23:00 - 01:00 10:00 - 01:00
Sunday
10:00 – 00:00 Inside:
10:00 - 00:00
External area:
10:00 – 23:00
10:00 – 23:00 23:00 - 00:00 10:00 - 00:00
Opening Hours
Monday 10:00 – 00:30
Tuesday 10:00 – 00:30
Wednesday 10:00 – 00:30
Thursday 10:00 – 00:30
Friday 10:00 – 01:30
Saturday 10:00 – 01:30
Sunday 10:00 – 00:30
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3.4 Other licensed premises nearby
Premises Activities Authorised Opening Hours
The Red Lion Hotel
Royal Lane
Hillingdon
UB8 3QP
Provision of recorded music
(indoors only)
Provision of late-night
refreshment (indoors only)
Sale by retail of alcohol
(on/off supplies)
Sale of alcohol:
From 08.00 hours until 01.00 hours the
following day, every day
The sale of alcohol to persons residing
within the hotel is not time restricted.
Provision of late-night refreshment:
From 23.30 hours until 01.00 hours the
following day, every day
The provision of recorded music is not
subject to any time restrictions.
The sale of alcohol and provision of late-
night refreshment on New Year’s Eve is
as stated in the opening hours of the
premises for New Years Eve.
The Vine Inn
121 Hillingdon Hill
Uxbridge
UB10 0JQ
Performance of live music
(indoors)
Recorded music (indoors)
Performance of dance and
entertainment of a similar
description (indoors)
Provision of late-night
refreshment (indoors)
Sale of alcohol (on/off
premises)
Sunday – Wednesday 10:00 - 00:00
Thursday – Saturday 10:00 – 01:00
An additional hour following those
detailed above on:
Friday, Saturday, Sunday and Monday of
bank holiday weekends
The Thursday before Good Friday
Christmas Eve
On St David’s Day
St Patrick’s Day
St George’s Day
St Andrew’s Day
and on no more than 12 occasions per
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
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Service, in respect of this agreement to
the specified day and/or times applied
for.
In addition, the sale of alcohol only from
10.00 hours on New Year’s Eve to 10.00
hours on New Year’s Day
Discount Food & Wine
10 Crescent Parade
Long Lane
Hillingdon
UB10 0LG
Sale by retail of alcohol
From 06:00 hours until 24:00 hours,
Monday to Saturday
From 06:00 hours until 23:00 hours on
Sundays
Specialist Off Licence
81-83 Manor Parade
Uxbridge Road
Hillingdon
UB10 0JQ
Sale by retail of alcohol
Between 08.00 and 23.00 each day
A map of nearby licensed premises can be found in Appendix 5.
3.5 Operating Schedule and Conditions
3.6 The conditions being offered by the applicant can be found in a separate operating schedule attached
as Appendix 2. Whilst the operating schedule submitted with the application includes a significant
number of conditions from the current premises licence (Appendix 3) there are some changes e.g.
timings for SIA, readmittance timings and the condition in relation to conducting hourly noise patrols
during Regulated Entertainment has been omitted.
3.7 On 26th March 2025, the Applicant’s agent advised by email that there was an error in the wording of
two of the conditions in the Operating Schedule that had been submitted with the variation application
in February 2025.
Condition 17 was supposed to have read “All patrons entering the premises from 21:00 on Fr idays,
Saturdays and UK Bank Holidays shall be required to have their identity verified via the ID scanner
machine”
Condition 34 was supposed to have read “No patrons shall be permitted to use the external area of
the premises after 00:00 hours between S unday to Thursday and 01:00 hours on a Friday and
Saturday”
3.8 The agent was advised that the consultation would have to be restarted in order to allow the
Responsible Authorities and other consultees time to consider these changes. The alternative would
be to complete the process with the application and operating schedule as submitted on 28th February
2025 and then change the conditions by way of a variation at a later date.
4.0 CONSULTATION
4.1 Closing date for representations
Friday 28th March 2025
Licensing Sub-Committee meeting – 24 April 2025
Part 1 - Public
4.2 Public Notice published in local newspaper
Wednesday 12th March 2025
5.0 REPRESENTATIONS
5.1 We have received representations from Interested Parties
Councillor/Resident
Ground for Representation
Appendix
Cllr Gohil
Prevention of Crime & Disorder
Prevention of Public Nuisance
Public Safety
Appendix 4
Cllr Chamdal
Prevention of Public Nuisance
Appendix 4
6.0 BACKGROUND INFORMATION
6.1 The premises had a licence until December 2021 when the Licensing Sub-Committee revoked it
following a review which stemmed from a serious incident – a stabbing where one of the four victims
was a 16-year-old girl who had been drinking at the premises. An appeal by the then premises licence
holder was unsuccessful and the revocation took effect in February 2022.
6.2 A new premises licence application was received from Game Measure Limited in March 2023. The
premises planned to offer a similar experience to that which was there prior to the licence being
revoked i.e. food (including late night refreshment), drinks (including alcohol), regulated entertainment
and shisha.
6.2 The application attracted 3 representations from the Responsible Authorities, 3 Representations from
Interested Parties and 3 Representations of support.
6.3 The application was heard by the Licensing Sub-Committee in April 2023 and a premises licence was
granted but with reduced hours from that which were originally applied for and subject to 43 conditions
designed to combat the issues that the premises had previously had.
6.4 An application to vary the premises licence was received from Game Measure Limited in April 2024.
The application sought to extend the hours for licensable activities namely sale of alcohol, provision
of regulated entertainment (including live music, recorded music and performance of dance) and late-
night refreshment. Whilst the operating schedule submitted with the application included a significant
number of conditions from the existing premises licence, there were several omi ssions, mainly in
relation to conditions designed to uphold the Prevention of Public Nuisance licensing objective.
6.5 The application attracted representations from three Responsible Authorities namely the Licensing
Authority, the Street Scene Enforcemen t Team/Environmental Protection Team and Metropolitan
Police Licensing. There were four representations from Interested Parties namely three Ward
Councillors and a local resident. There were also two representations in support of the application
from local residents.
6.6 The application was scheduled to be heard by the Licensing Sub Committee on 3 rd June 2024 and
was adjourned so that a large bundle of additional information submitted by the applicant’s agent on
2nd June 2024 could be considered.
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6.7 The application was subsequently heard by the Licensing Sub Committee on 20 th June 2024 who
decided to reject the part of the application which related to the extension of the hours for the
licensable activities but to modify licence conditions 14 and 38 and also to remove conditions 2 and
3 to reflect the deregulation of regulated entertainment.
6.8 An Appeal against the decision of the Licensing Sub Committee was subsequently lodged at Uxbridge
Magistrates Court thus suspending the decision.
6.9 The Appeal is scheduled to be heard on 18th July 2025.
7.0 OFFICER'S OBSERVATIONS
7.1 This application seeks to extend the hours for the existing licensable activities authorised by the
current premises licence.
The premises is situated in an area where there is residential accommodation so the potential for
public nuisance is a consideration.
Records show that the premises has submitted two Temporary Event Notices (TEN) since June 2024:
Date Times Licensable Activities Complaints
Received
21/12/24 -22/12/24 23:00 – 02:00 hours Sale of Alcohol
Regulated Entertainment
Late Night Refreshment
None
31/12/24 – 01/01/25 23:00 – 02:00 hours Sale of Alcohol
Regulated Entertainment
Late Night Refreshment
Yes – one anonymous
complaint on 01/01/25
to the Environmental
Protection (Noise)
Team
The Licensing Service is aware of one complaint that has been made about the Prince of Wales since
June 2024 . A complaint relating to noise from loud music at the venue was logged with the
Environmental Protection Team (Noise Team) on 8th March 2025.The Environmental Protection Team
did not receive a call out to witness the noise when it was on -going. The complaint was updated on
Saturday 30th March 2025 at 4:30pm with a report of a “constant beat of amplified music coming from
the Shish Bar/Prince of Wales” whilst the resident was “in my lounge watching football”. The team did
not receive a call out request to visit the premises in the evening . The complainant also emailed the
Licensing Team on 30th March 2025.
A search of the Members Enquiries database for enquiries logged by Members relating to either
“Prince of Wales” or “Sahara City” or “1 Harlington Road” from June 2024 to the present day has not
revealed any such enquiries having been registered.
7.2 The representations received from interested parties raised the following issues:
a) The Prevention of Crime and Disorder
Cllr Gohil notes the history of the premises under the previous premises licence holder and although
the change in management is acknowledged, residents and local stakeholders have raised concerns
regarding late night disorder associated with the venue and especially in the surrounding streets.
Local residents widely believe that the venue is not complying with key conditions on the premises
licence, specifically using the ID scanner from 20:00 hours on Fridays and Saturdays. Doubts still
Licensing Sub-Committee meeting – 24 April 2025
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remain about the ability of the premises to abide by the conditions on their licence and over whether
there has been a significant enough change in the culture at the premises such that residents can be
confident that an increase in licensable hours will not result in an increase in crime and disorder.
Metropolitan Police Licensing have not submitted a Representation in relation to this application.
b) The Prevention of Public Nuisance
Cllr Gohil notes the history of the premises in terms of noise nuisance, including loud music, patrons
shouting in the street and general disturbance late at night – issues which continue to exist. In addition,
public littering and patrons loitering after exiting the venue late at night affect the quality of life of
nearby residents.
Noise is especially an issue after 23:00 hours when the streets are quieter and the impact in the use
of the outdoor garden area and the playing of recorded music is more keenly felt. Although the
applicant has proposed limiting the use of the garden after 23:00 hours, Cllr Gohil is not confident that
this will be complied with given the history of previous promises not being upheld.
Cllr Chamdal is concerned that the proposed closing times will create a public nuisance for residents
living in properties in close proximity to the venue. He is also concerned that the late hours will result
in an increase in large groups of people being attracted to the premises thus significantly increasing
nuisance, especially when exiting the venue. Noise generated by regulated entertainment in external
areas is also a concern. Cllr Chamdal does not feel that the conditions will negate the issues that will
be caused by increasing the licensable hours.
The Environmental Protection Team have not submitted a Representation in relatio n to this
application.
c) Public Safety
Cllr Gohil has highlighted the history of the premises in terms of fights, drunkenness, anti -social
behaviour and the need for Police intervention at the venue. She acknowledges the inclusion of
conditions such as CCTV and staff training in the operating schedule but has expressed doubts over
the ability of the premises to self-regulate and whether they can be trusted to do so. Cllr Gohil is also
concerned about the potential for the premises to exceed their capacity with later hours.
Cllr Chamdal has raised concerns over parking issues in the surrounding area.
8.0 Relevant sections of s.182 Guidance
Where representations are made
8.1 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 repr esentations 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.
Relevant, vexatious and frivolous representations
8.2 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
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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 variation. 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.”
8.3 At paragraph 9.9 it states that “It is recommended that, in borderline cases, the benefit of the doubt
about any aspect of a represent ation 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.”
Determining actions that are appropriate for the promotion of the licensing objectives
8.4 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".
8.5 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".
8.6 At paragraph 9.44 it states that "Determinatio n 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 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 b enefit 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 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 t rack 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".
Proportionality
8.7 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 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.”
8.8 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.”
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8.9 At paragraph 10.9 It is possible that in some cases no additional conditions will be appropriate to
promote the licensing objectives.
8.10 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 n ot 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 a copy of any document checked as
part of a right to work check is retained at the licensed premises. Licensing authorities and other
responsible authorities should be alive t o 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 th ey
impose are only those which are appropriate for the promotion of the licensing objectives".
Hours of trading
8.11 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".
8.12 At paragraph 10.14 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 application or grant it with appropriate conditions
and/or different hours from those requested.”
Licensing hours
8.13 At paragraph 14.51 it 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. How ever, 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".
8.11 At paragraph 14.52 it 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 effectively manage the different pr essures 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".
9.0 Relevant sections of Hillingdon’s Licensing Policy
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Licensing Objectives – The Prevention of Crime and Disorder
9.1 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 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 contact
details for both are contained within the Responsible Authorities contact in appendix B.
9.2 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.
9.3 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.
Licensing Objectives – Public Safety
9.4 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.
Licensing Objectives – The Prevention of Public Nuisance
9.5 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 include 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.
9.6 At paragraph 12.7 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 Prevention of Public Nuisance objective.
Representations
9.7 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)
9.8 At paragraph 17.9 The Licensing Act 2003 also permits Elected Members to make representations
on their own behalf as well as on behalf of their constituents. Members of the public who are making
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representations may also request that their Ward Councillor speaks on their behalf at public
hearings to determine applications.
9.9 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.
9.10 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.
Licensing Hours
9.11 At Paragraph 25.1 it states that "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 o ne of the causes of disorder and
disturbance when large number of customers were required to leave the premises simultaneously".
9.12 At Paragraph 25.2 it states that "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".
9.13 At Paragraph 25.3 it states that "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".
9.14 At Paragraph 25.4 it states that "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 circumstance s 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".
Licence Conditions
9.15 At Paragraph 20.1 it states that "Conditions on premises licences and club certificates are determined
by:
a) The measures put forward on the Operating Schedule
b) Mandatory conditions within the Act
c) Measures decided at a hearing by the Licensing Sub Committee"
9.16 At Paragraph 20.2 it states that “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 eff ect of these conditions should be substantially
the same as that intended by the terms of the operating schedule”.
9.17 At Paragraph 20.3 it states that "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 reasonab le control, such as anti -social
behaviour once away from the premises or licensable activity".
Licensing Sub-Committee meeting – 24 April 2025
Part 1 - Public
9.18 At Paragraph 20.4 it states that "The Licensing Authority will not impose standard conditions upon
every licence issued, however it may have regard to mod el conditions produced by the Government
and/or the Institute of Licensing and it may choose to impose these in appropriate circumstances".
10.0 LEGAL CONSIDERATIONS
10.1 When considering licence variation applications, the Sub-Committee is required carry out its functions
with a view to 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 An application for variation of a premises licence may be made pursuant to s.34 of the Licensing Act
2003 and is essentially governed by Licensing Act 2003, reg.12 of the Licensing Act 2003 (Premises
licences and club premises certificates) Regulation s 2005/42), Licensing Act 2003 (Hearings)
Regulations 2005/44) and s.182 Secretary Code of Guidance.
10.3 The Sub-Committee must ensure that all licensing decisions have:
A direct relationship to the promotion to the promotion of one or more of the four licensing objectives;
regard to the Council's statement of licensing policy;
regard to the Secretary of State guidance; and
not be made as a result of a blanket policy which is applied so rigidly that an exercise of discretion in
each individual case is precluded
10.4 Applications must be considered with regard to the principles of fair process and the Human Rights
Act 1998 and must have regard to its public sector equality duty under section 149 of the Equality Act
2010. In summary, section 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 a relevant protected characteristic and
persons who do not share it.
10.5 Section 149(7) of the Equality Act 2010 defines nine relevant protected characteristics examples are;
race, sex, age, disability and religious beliefs
10.6 When considering an application for the variation of an existing Premises Licence, only the variation
is subject to determination. An applic ation to vary the premises licence concerns variation of the
conditions attaching to the licence or of the authorised licensable activities.
10.7 The application to vary must be accompanied by the Premises Licence (unless that is impracticable
when a statement explaining why must be provided).
10.8 The authority must make the variation as applied for, subject to the mandatory conditions, unless
relevant representations are made, in which case a hearing must be held.
10.9 Where relevant representations ar e made, the Licensing Authority must hold a hearing to consider
them, unless it is agreed that a hearing is unnecessary (s.35(3)(a).
Licensing Sub-Committee meeting – 24 April 2025
Part 1 - Public
10.10 The Licensing Authority must then take such of the following steps as it believes to be appropriate for
the promotion of the licensing objectives:
a) modify the conditions of the licence or
b) reject the whole or part of the application (s.35(3)(b) and (4).
10.11 When determining applications to vary an existing Premises Licence, the Sub -Committee m ust
consider all relevant representations that are made before taking such steps (if any) as it considers
necessary for the promotion of the licensing objectives. The steps that may be taken are as follows:
grant the variation as applied for;
modify the conditions of the licence (conditions are deemed to be modified if they are
altered/omitted or new conditions are added); or
reject whole or part of the application to vary the licence.
10.12 Any modification of conditions should be confined to those con sidered appropriate in respect of the
particular variation sought.
10.13 The Sub -Committee must also have regard to the London Borough of Hillingdon’s Statement of
Licensing and the Secretary of State's Guidance issued under the Licensing Act 2003 when deciding
what action, if any, to instigate. The terms of the Statement of Licensing Policy and Guidance are
highly persuasive however, are not binding on the Licensing Sub-Committee.
10.14 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.
10.15 In order for representations to be ‘relevant’ they must have been made by an interested party or a
responsible authority (see the definitions in section 13 Licencing Act 2003) and they must relate to
the likely effect on the promotion of the licensing objectives if the application were to be granted.
10.16 If the representations are made by an interested party there is a further requirement that the licensing
authority does not consider them to be frivolous or vexatious. If it thinks they are , it must explain its
decision to the person who made the representations.
10.17 The need for a hearing can be dispensed with by agreement of the authority, the applicant for the
variation and all of the parties who have made relevant representations.
10.18 The authority must notify its decision to the applicant, the interested party and any person who has
made relevant representations and, must give reasons for its decision.
10.19 A variation of a premises licence may impose different conditions on di fferent parts of the premises
or impose different conditions in relation to different licensable activities.
10.20 Conditions should also be determined on a case -by-case basis and standardised conditions which
ignore these individual aspects should be avoided. Conditions will not be necessary if they duplicate
a current statutory requirement. Licensing Authorities should therefore ensure that any conditions
they impose are only those which are appropriate for the promotion of the licensing objectives.
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