Home Decisions Meetings News
← Back to Licensing

Licensing

Friday 16th May 2025 • View on LB Hillingdon’s website
Meeting documents
👥 Attendance details📄 Agenda frontsheet PDF 393 KB📦 Agenda reports pack PDF 2 MB
Read the text of: Agenda frontsheet PDF 393 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: Councillor Darran Davies (Chair) Councillor Colleen Sullivan Councillor Kuldeep Lakhmana IMPORTANT INFORMATION On receipt of this notice, you MUST notify the Committee Clerk (contact details below) by the following date: Thursday, 15 May 2025 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: Friday, 16 May 2025 Time: 10:00 am Venue: Committee Room 5, Civic Centre, Uxbridge Meeting Details: If this is a public hearing, then the public and press are welcome to attend and observe the meeting. 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: Tuesday, 13 May 2025 Contact: Ryan Dell Email: democratic@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 Temporary Event Notice: Kho Kho, 101 - 103 High Street, Ruislip Ruislip 10:00 3 - 28

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

Agenda

CHAIRMAN'S ANNOUNCEMENTS
Hearing Protocol PDF 134 KB
📄 Hearing Protocol PDF 134 KB
Read the text of this document (1 page)
Introduction by the Regulatory Services/Licensing Officer The Council’s Regulatory Services/ Licensing Officer will introduce the report and will outline the matter before the Sub- Committee, giving any relevant background information. The Sub - Committee may ask questions of the officer. Responsible Authorities (if present) Responsible Authorities will be invited to address the Sub- Committee and will be allowed sufficient time. The Sub -Committee may ask questions of the Responsible Authorities. The Applicant / Licence Holder The Applicant, licence holder or the person representing him/her will be invited to address the Sub-Committee. They will be allowed sufficient time to present his/her case. The Sub- Committee may ask questions. Other Parties (residents etc…) Other parties will be invited to address the Sub - Committee. Where there are a number of parties making similar representations the Chairman will expect the parties to nominate a spokesperson to make the representations and all will be allowed sufficient time. The Sub -Committee may ask questions of the Other Parties. DISCUSSION LED BY THE SUB-COMMITTEE The Chairman will lead the discussion. This will be a chance for all parties to provide comments on any submissions that have been made to the Sub-Committee. Closing remarks from each party The Chairman will invite the Responsible Authorities and Other Parties to make brief closing remarks on the application. The Applicant / licence holder makes the final closing remarks. Sub-Committee deliberates The Sub-Committee will remain in the room to deliberate and make their decision, with only the Legal Advisor and the Clerk to the Sub- Committee remaining. All others present will be asked to leave the room. If the meeting is being broadcast, any filming will be stopped for this part. Chairman announces the decision Parties may return to the room when invited to do so and the Chairman will announce the decision. The Chairman will remind the Applicant / licence holder that the decision will be sent to them in writing. There can be no further questions or statements. Order of proceedings – applications The Chairman of the Sub-Committee will open the hearing by introducing the Councillors, explaining the purpose of the proceedings and the general procedure. The Chairman will then check that there are no additions or alterations to the list of those appearing at the hearing.

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

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
5. Temporary Event Notice: Kho Kho, 101 - 103 High Street, Ruislip PDF 422 KB
📄 Temporary Event Notice: Kho Kho, 101 - 103 High Street, Ruislip PDF 422 KB
Read the text of this document (11 pages)
Licensing Sub-Committee – 16 May 2025 Part I – Public Temporary Event Notice: Kho Kho, 101 – 103 High Street, Ruislip Committee Licensing Sub-Committee Officer Contact Austen Young – Licensing Officer Papers with report Appendix 1 - Temporary Event Notice Appendix 2 - Objection from Environmental Protection Team Appendix 3 - Premises licence Ward affected Ruislip 1.0 SUMMARY To consider a notification for a standard Temporary Event Notice (hereinafter referred to as a “TEN”) submitted by Mr Maulik Valand M for an event taking place at Kho Kho, 101- 103 High Street, Ruislip, HA4 8JN , starting at 11:00 pm on 31st May 2025 and ending at 01:30am on 1st June 2025. A hearing is required following the receipt of an objection from Jamie McCarthy , Noise & Nuisance Officer representing the London Borough of Hillingdon’s Environmental Protection team (hereinafter referred to as the EP team). 2.0 RECOMMENDATION That the Licensing Sub Committee assess all the submissions provided both verbal and written and determine this notice for a temporary event. The options available to the Licensing Sub-Committee are: i) Allow the licensable activities to go ahead as stated in the TEN; ii) Refuse the TEN and issue a counter notice preventing the TEN from taking effect; or iii) Approve the notification and impose one or more of the existing premises licence conditions on the TEN (insofar as such conditions are not inconsistent with the event) if it considers that this is appropriate for the promotion of the licensing objectives The Licensing Sub Committee can only impose conditions on the notification if section 106A(2) of the Licensing Act 2003 is satisfied which states: “The relevant licensing authority may impose one or more conditions on a standard temporary event notice if: a) the authority considers it appropriate for the promotion of the licensing objectives to do so b) the conditions are also imposed on a premises licence or club premises certificate that has effect in respect of the same premises, or any part of the same premises, as the temporary event notice, and c) the conditions would not be inconsistent with the carry ing out of the licensable activities under the temporary event notice.” Licensing Sub-Committee – 16 May 2025 Part I – Public The licensing authority must: (a) in a case where it decides not to give a Counter Notice under s.105 of the Licensing Act 2003, give the premises user, the Police and EP team notice of the decision; (b) in a case where it decides to issue a Counter Notice under s.105 of the Licensing Act 2003, give the premises user, the Police and EP team a Counter Notice and a notice stating the reasons for the decision; or (c) in a case where it decides not to give a Counter Notice under s.105 of the Licensing Act 2003 but impose conditions from an existing premises licence for the same premises under s106A of the Licensing Act 2003, give the premises user, the Police and the EP team notice of the decision and a separate statement setting out the conditions. Any notice issued by the licensing authority under s. 105 or 106A of the Licensing Act 2003 must be given in the prescribed format and no later than twenty -four hours prior to the commencement of the event period stated in the notification. 3.0 APPLICATION 3.1 The TEN was submitted electronically by Mr Maulik Valand M, the premises user, and was received by the Licensing Authority on Friday 2 nd May 2025 at 19:09 hours. It is for an event to be held at Kho Kho, 101 – 103 High Street, Ruislip, HA4 8JN. The licensable activities to be authorised by the TEN are: 1. The sale by retail of alcohol (on the premises only) 2. The provision of regulated entertainment The maximum number of people to be present on the premises will be 100. The premises user describes the event as follows: “The event aims to offer entertainment for the restaurant guest, allowing them to enjoy the day with their friends and family while enjoying a live DJ performance during the night”. The TEN is given to start at 11:00 hours on 31st May 2025 and finish at 01:30 hours on 1st June 2025 3.2 A copy of the TEN is attached as Appendix 1. 4.0 CONSULTATION 4.1 The TEN was forwarded to Metropolitan Police Licensing and the EP Team on 6 th May 2025, being the first working day after the receipt of the TEN. There is a statutory three working days' consultation period for TENs. 4.2 On 6 th May 2025, a notice of objection was rec eived from the E nvironmental Protection (EP) Team. On 10th August 2024, officers served a noise abatement notice under s.80 of the Environmental Protection Act 1990 on the premises after having witnessed a statutory noise nuisance at a local resident’s pro perty which was attributed to Kho Kho. There are concerns that authorising the TEN for 31st May 2025 will result in further noise nuisance to neighbouring residents and risk breaching the noise abatement notice. No information has been provided as to the steps that will be taken to negate any noise complaints or prevent the breaching of the abatement notice. Licensing Sub-Committee – 16 May 2025 Part I – Public 4.3 The objection from the EP Team can be found in Appendix 2. 4.4 No objection has been received from the Police, who are the only other party who can comment on TENs. 5.0 BACKGROUND INFORMATION 5.1 Premises Licence Holder The premises licence holder is Raaj Hospitality Ltd. The full premises licence is attached as Appendix 3 . It is confirmed that the noise abatement notice was served on Raaj Hospitality Ltd. 5.2 Designated Premises Supervisor The designated premises supervisor (hereinafter referred to as the DPS) is Mr Maulik Mahendrabhai Valand. They hold a personal licence, number 22/05143/LAPER, issued by the London Borough of Newham. It is confirmed that Mr Maulik Valand is the applicant in respect of this TEN. 5.3 Description of the premises Kho Kho is located on Ruislip High Street in a mixed residential/commercial area. There is residential accommodation on South Road to the rear of the premises and above some of the shops on the High Street, including directly above the premises. The premises operates as a restaurant and bar, with an outside smoking area to the front of the premises. 5.4 Current Licensable Activities and Opening Hours The premises is currently licensed for the sale by retail of alcohol for consumption on the premises only and the provision of late night refreshment. Alcohol may be sold between the hours of 10:00 and 00:00 Sundays to Thursdays, and between the hours of 10:00 and 01:30 the following day on Fridays and Saturdays. Late night refreshment may be provided between the hours of 23:00 and 00:30 Su ndays to Thursdays, and between the hours of 23:00 and 02:00 on Fridays and Saturdays. The premises may open between the hours of 10:00 and 00:30 Sundays to Thursdays, and between the hours of 10:00 and 02:00 on Fridays and Saturdays. 5.5 The premises licence does include extended hours for a number of special dates, such as Saints days , listed under non -standard timings on the licence. None of the listed non - standard timings are relevant to the TEN which is due to be considered. 5.6 The full premises licence is attached at Appendix 3. 5.7 Previous TENs Records show that the following TENs have been submitted by Kho Kho for 2025 and the previous two calendar years: Licensing Sub-Committee – 16 May 2025 Part I – Public Received Type of TEN Licensable Activities Event Dates and Times Outcome 29/03/2023 Standard Regulated entertainment Late night refreshment 06/05/23 – 07/05/23 23:00 – 01:30 hrs Withdrawn by applicant after objection received on the grounds of the prevention of public nuisance 11/12/2023 Late Sale of alcohol 24/12/23 - 25/12/23 23:00 – 02:00 hrs Refused after objection received on the grounds of the prevention of public nuisance 15/12/2023 Late Sale of alcohol 31/12/23 - 01/01/24 23:00 – 02:00 hrs Granted 23/01/2024 Standard Sale of alcohol Regulated entertainment 14/02/24 - 15/02/24 23:00 – 02:00 hrs Withdrawn by applicant – wrong date 29/01/2024 Standard Sale of alcohol Regulated entertainment 17/02/24 - 18/02/24 23:00 – 02:00 hrs Granted 10/04/2024 Standard Sale of alcohol Regulated entertainment 04/05/24 - 05/05/24 23:00 – 02:00 hrs Granted 15/04/2024 Standard Sale of alcohol Regulated entertainment 25/05/24 - 26/05/24 23:00 – 02:00 hrs Granted 03/07/2024 Late Sale of alcohol Regulated entertainment 12/07/24 - 13/07/24 23:00 – 02:00 hrs Refused after objection received on the grounds of the prevention of public nuisance 27/07/2024 Late Sale of alcohol Regulated entertainment 09/08/24 - 10/08/24 Granted Licensing Sub-Committee – 16 May 2025 Part I – Public 23:00 – 02:00 hrs 11/08/2024 Late Sale of alcohol Regulated entertainment 23/08/24 - 24/08/24 23:00 – 02:00 hrs Refused after objection received on the grounds of the prevention of public nuisance 29/08/2024 Standard Sale of alcohol Regulated entertainment 14/09/24 - 15/09/24 23:00 – 01:30 hrs Withdrawn by applicant after objection received on the grounds of the prevention of public nuisance 17/09/2024 Late Sale of alcohol Regulated entertainment 28/09/24 – 29/09/24 23:00 – 01:00 hrs Granted 01/10/2024 Late Sale of alcohol Regulated entertainment 12/10/24 – 13/10/24 23:00 – 01:30 hrs Refused after objection received on the grounds of the prevention of public nuisance 18/10/2024 Late Sale of alcohol Regulated entertainment 01/11/24 – 02/11/24 23:00 – 01:30 hrs Refused after objection received on the grounds of the prevention of public nuisance 18/11/2024 Late Regulated entertainment 30/11/24 – 01/12/24 23:00 – 01:29 hrs Refused after objection received on the grounds of the prevention of public nuisance 09/12/2024 Late Sale of alcohol Regulated entertainment 21/12/24 – 22/12/24 23:00 – 00:30 hrs Granted 11/12/2024 Late Sale of alcohol Regulated entertainment 24/12/24 – 25/12/24 23:00 – 01:30 hrs Granted 5.8 The event held on 9 th August 2024 resulted in the service of a noise abatement notice under s.80 of the Environmental Protection Act 1990 on the premises after officers Licensing Sub-Committee – 16 May 2025 Part I – Public witnessed a statutory noise nuisance at a local resident’s property which was attributed to Kho Kho. This notice is still in effect and is the notice referred to in the objection from the EP team. 6.0 OFFICERS OBSERVATIONS 6.1 Mediation As is standard practice, when the objection was forwarded to Mr Maulik, they were advised of the options which were available to them, which included withdrawing the TEN, proceeding to a hearing, or proposing mediation. Due to the short legal timescales fo r processing TENs, Mr Maulik was asked to provide any dates to avoid for any meeting. 6.2 At the time of writing this report, there have been no proposals put forward to amend the TEN or to further correspondence regarding mediation. 6.3 Complaints Records show that the following complaints regarding noise nuisance from the premises have been received for 2025 and the previous two calendar years: Date Complaint Problem 15/01/2023 OOH noise team officers attended residential property and witnessed loud amplified music that was intrusive with penetrating vibrations that could be felt under foot emanating from Kho Kho 27 – 29/01/2023 Reports of loud music at Kho Kho made to OOH noise team 19/11/2023 Complaint re DJ and drums playing at Kho Kho at 08:30 hours 01– 03/12/2023 OOH noise team officers called out regarding loud music at Kho Kho 15/02/2024 Complaint to Licensing Team about loud music coming from a DJ at Kho Kho on Wednes day 14 th February until after 01:00 hours the following day 17/02/2024 Complaint to OOH noise team about noise from Kho Kho 19/02/2024 Complaint to Licensing Team about “floor shaking bass and music” coming from Kho Kho from 20:30 hours on Saturday 17th February until 02:00 hours the following day. Also loud music on Wednesday 14th February 10/08/2024 OOH noise officers served a s .80 noise abatement notice after witnessing a statutory noise nuisance after visiting a complainant’s property 28-29/09/24 Complaint to OOH noise team about noise disturbance arising from an event at the premises Due to the timescales involved this report has been put forward at short notice and therefore details of additional complaints may be presented verbally by the EP team. 6.4 Noise Abatement Notices A noise abatement notice under s.80 of the Environmental Protection Act 1990 was served on the premises in August 2023 in connection with noise from their extractor fans. A breach Licensing Sub-Committee – 16 May 2025 Part I – Public of the notice was witnessed on 25 th January 2024 and a Fixed Penalty Notice (FPN) was issued on 26th March 2024. The FPN was paid with discount. 6.5 A second noise abatement notice under s.80 of the Environmental Protection Act 1990 was served on the premises on 10 th August 2024 in connection with noise from loud amplified music. This notice remains in force and is the notice referenced by the EP team in their objection. 7.0 RELEVANT SECTION OF S.182 GUIDANCE 7.1 Public Nuisance Paragraph 2.21 states “The 2003 Act enables licensing authorities and responsible authorities, through representations, to consider what constitutes public nuisance and what is appropriate to prevent it in terms of conditions attached to specific premises licences and club premises certificates. It is therefore important that in considering the promotion of this licensing objective, licensing authorities and responsible authorities focus on the effect of the licensable activities at the specific premises on persons living and working (including those carrying on business) in the area around the premises which may be disproportionate and unreasonable. The issues will mainly concern noise nuisance, light pollution, noxious smells and litter”. Paragraph 2.22 states “Public nuisance is given a statutory meaning in many pieces of legislation. It is however not narrowly defined in the 2003 Act and retains its broad common law meaning. It may include in appropriate circumstances the reduction of the living and working amenity an d environment of other persons living and working in the area of the licensed premises. Public nuisance may also arise as a result of the adverse effects of artificial light, dust, odour and insects or where its effect is prejudicial to health”. 7.2 General Paragraph 7.2 states that “The system of permitted temporary activities is intended as a light touch process, and as such, the carrying on of licensable activities does not have to be authorised by the licensing authority on an application. Instead, a person wishing to hold an event at which such activities are proposed to be carried on (the “premises user”) gives notice to the licensing authority of the event (a “temporary event notice” or “TEN”)”. Paragraph 7.6 states that “The police or EHA [defined earlier in the guidance as the local authority exercising environmental health functions] (“relevant persons” for the purposes of TENs) may intervene to prevent such an event taking place by sending an objection to the licensing authority, which the licen sing authority must consider on the basis of the statutory licensing objectives and decide whether the event should go ahead. A relevant person may also intervene by agreeing a modification of the proposed arrangements directly with the TENs user (see paragraph 7.36). If a relevant person sends an objection, this may result in the licensing authority imposing conditions on a TEN but only where the venue at which the event is to be held has an existing premises licence or club premises certificate. When givi ng a TEN, the premises user should consider the promotion of the four licensing objectives. The licensing authority may only otherwise intervene if the statutory permitted limits on TENs would be exceeded (see paragraphs 7.15-7.22)”. Licensing Sub-Committee – 16 May 2025 Part I – Public 7.3 Standard and late temporary event notices Paragraph 7.8 states that “There are two types of TEN: a standard TEN and a late TEN. These are subject to different processes: a standard notice is given no later than ten working days before the event to which it relates; and a late notice is given not before nine and not later than five working days before the event”. 7.4 Standard temporary event notices Paragraph 7.9 states that ““Ten working days” (and other periods of days which apply to other requirements in relation to TENs) exclude the day the notice is received and the first day of the event”. Paragraph 7.10 states that “The police and EHA have a period of three working days from when they are given the notice to object to it on the basis of any of the four licensing objectives”. Paragraph 7.11 states that “Although ten clear working days is the minimum possible notice that may be given, licensing authorities should publicis e their preferences in terms of advance notice and encourage premises users to provide the earliest possible notice of events planned by them. Licensing authorities should also consider publicising a preferred maximum time in advance of an event by when TENs should ideally be given to them”. 7.5 Role of the licensing authority Paragraph 7.28 states that “If the licensing authority receives an objection notice from the police or EHA that is not withdrawn, it must (in the case of a standard TEN only) hold a hearing to consider the objection unless all parties agree that this is unnecessary. The licensing committee may decide to allow the licensable activities to go ahead as stated in the notice. If the notice is in connection with licensable activities at licensed premises, the licensing authority may also impose one or more of the existing licence or certificate conditions on the TEN (insofar as such conditions are not inconsistent with the event) if it considers that this is appropriate for the promotion of the licensing objectives. If the authority decides to impose conditions, it must give notice to the premises user which includes a statement of conditions (a “notice (statement of conditions)”) and provide a copy to each relevant party. Alternatively, it can decide that the event would undermine the licensing objectives and should not take place. In this case, the licensing authority must give a counter notice”. 7.6 Police and environmental health intervention Paragraph 7.32 states that “The system of permitted temporary activities gives police and EHAs the opportunity to consider whether they should object to a TEN on the basis of any of the licensing objectives”. Paragraph 7.33 states that “If the police or EHA believe that allowing the premises to be used in accordance with the TEN will undermine the licensing objectives, they must give the premises user and the licensing authority an objection notice. The objection notice must be given within the period of three working days following the day on which they received the TEN”. Paragraph 7.34 states that “Where a standard TEN was given, the licensing authority must consider the objection at a hearing before a counter notice can be issued. At the hearing, Licensing Sub-Committee – 16 May 2025 Part I – Public the police, EHA and the premises user may make representations to the licensing authority. Following the hearing, the licensing authority may decide to impose conditions which already apply to an existing premises licence or club premises certificate at the venue, or issue a counter notice to prevent the event going ahead. As noted above, there is no scope for hearings (or appeals) in respect of late TENs and if objections are raised by the police or EHA in relation to a late TEN, the notice will be invalid and the event will not go ahead”. 7.7 Applying conditions to a TEN Paragraph 7.38 states that “The 2003 Act provides that only the licensing authority can impose conditions to a TEN from the existing conditions on the premises licence or club premises certificate at the venue. The licensing authority can only do so:  if the police or the EHA have objected to the TEN;  if that objection has not been withdrawn;  if there is a licence or certificate in relation to at least a part of the premises in respect of which the TEN is given;  and if the licensing authority considers it appropriate for the promotion of the licensing objectives to impose one or more conditions”. Paragraph 7.39 states that “This decision is one for the licensing authority alone, regardless of the premises user’s views or willingness to accept conditions. The conditions must be notified to the premises user on the form prescribed by regulations”. 8.0 RELEVANT SECTIONS OF HILLINGDON’S LICENSING POLICY 8.1 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 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 o f 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”. 8.2 Decision Making and Licensing Hearings Paragraph 19.6 states “A Licensing Sub-Committee will also sit to hear cases where the police and/or the Council’s Noise and Nuisance officers have opposed a Temporary Event Notice on the basis that, should the event go ahead, one or more of the licensing objectives would not be promoted”. 9.0 LEGAL CONSIDERATIONS 9.1 Where it is proposed to use premises for one or more licensable activities during a period not exceeding 168 hours (7 days), an individual may give to the licensing authority notice of that proposal a Tem porary Event Notice (“TEN”). The Police and the Council’s Environmental Health Authority (“EHA”) in this case, the Environmental Protection Team Licensing Sub-Committee – 16 May 2025 Part I – Public (“EP team”) are required to object to temporary event notices where it is considered that the proposed temporary event would undermine the licensing objectives. 9.2 The purpose of the hearing is for the licensing authority to consider whether, having regard to the objections, the licensing objectives would be undermined if the temporary event were to be permitted. The applicant and any objectors may agree modifications to the temporary event notice in order to overcome objections, and if so agreed, the relevant objections are deemed to have been withdrawn. If all objections are withdrawn, the event may proceed in accordance with the temporary event notice. 9.3 The procedure to be followed by the licensing authority on receipt of a TEN depends on whether the notice is a “Standard” TEN or a “Late” TEN. If the police, EP team or both give an objection to a late TEN, t he notice will not be valid and the event will not go ahead. There is no mechanism for a hearing or application of any existing licence conditions in relation to a “Late” TEN. 9.4 When considering an objection following an application for a standard TEN t he 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 9.5 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. 9.6 An application for a standard TEN may be made pursuant to s.100A the Licensing Act 2003, and with regard to The Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005. 9.7 Where an objection is made to the Licensing Authority by a relevant person i.e. the police or authority responsible for minimising or preventing the risk of pollution of the environment/harm to human health ( EP team), a hearing must be held to determine the objection, unless all are agreed that such a hearing is u nnecessary s.105(2)(a) Licencing Act 2003. 9.8 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 9.9 The Sub-Committee having regard to matters that have been raised through the objection notice from a relevant person/s will provide a counter notice or a decision notice where it considers it appropria te for the promotion of the licensing objective on a case -by-case basis s.105(3) Licencing Act 2003. 9.10 The Sub-Committee may make the following decisions:  Approve the notification as made;  Refuse the notification and issue a Counter Notice/Decision N otice preventing the notification from taking effect; or Licensing Sub-Committee – 16 May 2025 Part I – Public  Approve the notification and impose one or more of the conditions in existence on the current premises licence relating to the premises. 9.11 The sub -committee can only impose conditions on the TEN if section 106A(2) of the Licensing Act 2003 is satisfied, which states: “The relevant licensing authority may impose one or more conditions on a standard temporary event notice if: a) the authority considers it appropriate for the promotion of the licensing objectives to do so b) the conditions are also imposed on a premises licence or club premises certificate that has effect in respect of the same premises, or any part of the same premises, as the temporary event notice, and c) the conditions would not be inconsistent with the carrying out of the licensable activities under the temporary event notice.” 9.12 Any notice issued by the licensing authority under sections 105 or 106A of the Licensing Act 2003 must be given in the prescribed format and no late r than twenty-four hours prior to the commencement of the event period stated in the notification. 9.13 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 9.14 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. 9.15 Appeal In the case of decisions on Standard TENs, where a Counter Notice is issued by the Licensing Authority, all parties to the hearing have the right to appeal the decision of the Sub-Committee to the Magistrates’ Court within a period of 21 days beginning with the day on which the premises user was notified by the Licensing Authority of the decision (Schedule 5 Part 3 Paragraph 16 Licensing Act 2003). 9.16 No appeal may be brought later than five working days before the day on which the event specified in the TEN begins. No appeal may be made where a counter notice is issued following an objection to a Late Temporary Event Notice.

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

📄 Appendix 3 - Premises licence , item 5. PDF 277 KB
Read the text of this document (8 pages)
LICENSING ACT 2003 Section 24 PREMISES LICENCE Ref: Premises Licence Number: Part 1 – Premises Details Where the licence is time limited, the dates - N/A Postal Address of Premises or, if none, Ordnance Survey map reference or description - Kho Kho 101-103 High Street Post Town - Ruislip Postcode - HA4 8JN Telephone number – 01895 636706 Licensable activities authorised by the licence - A) Sale by retail of alcohol (on the premises) B) Provision of late night refreshment (indoors only) This Premises Licence has been issued by Daniel Ferrer on behalf of the Licensing Authority, London Borough of Hillingdon, Civic Centre, High Street, Uxbridge, UB8 1UW Signature: Date: 9th December 2022 LBH/MAU/009244 LBHIL 009244 Page 2 The opening hours of the premises: Sunday to Thursday between 10.00 hours and 00.30 hours Friday and Saturday between 10.00 hours and 02.00 hours the following day Non-standard timings 25th January Burns Night 10:00hrs -02:00hrs the following day 14th February 10:00hrs -02:00hrs the following day 1st March St Davids Day 10:00hrs -02:00hrs the following day 17th March St Patricks Day 10:00hrs -02:00hrs the following day 23rd ApriI St Georges Day 10:00hrs -02:00hrs the following day Diwali 10:00hrs -02:00hrs the following day 31st October Halloween 10:00hrs -02:00hrs the following day 5th November Guy Fawkes Night 10:00hrs-02:00hrs the following day 30th November St Andrews Day 10:00hrs -02:00hrs the following day 24th December Christmas Eve 10:00hrs -03:00hrs the following day 26th December Boxing Day 10:00hrs -02:00hrs the following day 31st December New Year's Eve 10:00hrs -03:00hrs the following day Sundays preceding Bank Holiday Monday 10:00hrs -02:00hrs the following day The times the licence authorises the carrying out of licensable activities – The sale of alcohol Sunday to Thursday between 10.00 hours and 00.00 hours Friday and Saturday between 10.00 hours and 01.30 hours the following day Late night refreshment Sunday to Thursday between 23.00 hours and 00.30 hours Friday and Saturday between 23.00 hours and 02.00 hours the following day Non-standard timings for sale of alcohol and late-night refreshment 25th January Burns Night 10:00hrs -02:00hrs the following day 14th February 10:00hrs -02:00hrs the following day 1st March St Davids Day 10:00hrs -02:00hrs the following day 17th March St Patricks Day 10:00hrs -02:00hrs the following day 23rd ApriI St Georges Day 10:00hrs -02:00hrs the following day Diwali 10:00hrs -02:00hrs the following day 31st October Halloween 10:00hrs -02:00hrs the following day 5th November Guy Fawkes Night 10:00hrs-02:00hrs the following day 30th November St Andrews Day 10:00hrs -02:00hrs the following day 24th December Christmas Eve 10:00hrs -03:00hrs the following day 26th December Boxing Day 10:00hrs -02:00hrs the following day 31st December New Year's Eve 10:00hrs -03:00hrs the following day Sundays preceding Bank Holiday Monday 10:00hrs -02:00hrs the following day Premises open to the Public for an additional 30 minutes after the terminal hour for licensable activity. Page 4 (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to— (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise); (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective; (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective; (d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti -social behaviour or to refer to the effects of drunkenness in any favourable manner; (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability). 5. The responsible person must ensure that free potable water is provided on request to cus tomers where it is reasonably available. 6. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol. (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy. (3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either— (a) a holographic mark, or (b) an ultraviolet feature. 7. The responsible person must ensure that— (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures— (i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml; (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.” Mandatory Condition - Perm itted Price Page 5 1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price. 2. For the purposes of the condition set out in paragraph 1— (a)“duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(6); (b)“permitted price” is the price found by applying the formula— where— (i) P is the permitted price, (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol; (c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence- (i) the holder of the premises licence, (ii) the designated premises supervisor (if any) in respect of such a licence, or (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence; (d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and (e) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994(7). 3. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub- paragraph shall be taken to be the price actually given by that sub- paragraph rounded up to the nearest penny. 4. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax. (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day. Manda tory Condition - Door Supervisors All Door Supervisors employed at the premises shall be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001 or be entitled to carry out that activity by virtue of Section 4 of that Act. Page 6 Annex 2– Conditions consistent with the operating Schedule Prevention of crime and disorder 1. All staff involved in the sale or supply of alcohol shall receive training on current "Best Practice" and their responsibilities under the Licensing Act 2003. Records of the training will be kept in a retrievable format and made available for inspection without undue delay to the Police and authorised officers of the London Borough of Hillingdon. 2. When SIA door staff are deployed their full name, SIA badge number and the name of the company they are employed by will be recorded in a specific log together with the date and hours they are working. This will be produced by the premises licence holder or their agent, without undue delay, following any reasonable request made by the Police or authorised officers from the London Borough of Hillingdon 3. All Door Supervisors employed at the entrance/exit of the premises will wear high visibility clothing. 4. With the exception or pre- booked functions, the premises will be set out with a sufficient seating for 80 persons. 5. An incident and refusals log will be kept at the premises and fully maintained to record adequate information detailing any significant incidents and persons refused alcohol. This will include time and date, brief details of the incident, people involved and action taken. This will be signed by the person making the entry and the logs will regularly be checked by the Designated Premises Supervisor. 6. A digital recording CCTV system will be installed and fully maintained to comply with the following: a) All cameras will be capable of recording images of a quality sufficiently high to identify individuals. b) At least one camera will be installed that is capable of taking a higher quality "head and shoulder" image of every person entering the premises. c) Images will be retained for a minimum of 28 days before being overwritten. d) The images will be stored in a format that is easily retrievable. Copies will be provided without undue delay, and in accordance with the data protection act, following any reasonable request from the Police or authorised officers of the London Borough of Hillingdon. e) At all times when the premises are open for licensable activity, at least one person will be able to operate the CCTV system and allow images to be viewed by the Police, or authorised officers of the London Borough of Hillingdon, in the lawful pursuit of their duty. f) lf for any reason the CCTV system malfunctions this information will communicated without any undue delay in a format agreed by the Police or authorised officers of the London Borough of Hillingdon. Public safety 7. No drinks shall be taken off the premises. With the exception of drinks in sealed containers sold for consumption off the premises. Prevention of public nuisance 8. All windows and doors will be kept closed (except for entry and exit) at all times when regulated entertainment takes place. Page 7 9. Prominent, clear and legible notices shall be displayed at the entrance/exit requesting patrons to respect the needs of local residents by leaving the premises and the local area without causing any undue disturbance. 10. Smokers will be monitored and controlled by staff to ensure that the licensing objectives are fully promoted Protection of children from harm 11. As per the Mandatory Conditions - The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014. The age verification policy adopted by the premises will be in line with the current "best practice" recommended by the Police and Licensing Authority. 12. After 22:00hrs all persons under 16 years of age will be accompanied by an adult of 18 years of age or over. Page 8 Annex 3 – Conditions attached after a hearing by the licensing authority Additional conditions imposed following a Review hearing on 20 January 2022 that took effect on 25 November 2022 when Appeal dismissed. 1. Last entry to the premises shall be 2230 hours daily. 2. Regulated Entertainment up until 2300 hours must adhere to the relevant conditions of the licence. 3. Regulated Entertainment should cease at 2300 hours. 4. Regular Noise boundary checks conducted by a manager. 5. All boundary checks must be recorded in an incident logbook. 6. Windows and doors must be closed during regulated entertainment. 7. All staff must receive health and safety training by an accredited course provider. 8. A noise limiter shall be in use to ensure that noise emanating from the speakers does not cause a nuisance to nearby residents. 9. A working contact number and email address to be provided to residents at all times. Annex 4 – Plans Licensing Service registered plan number 2098/20

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

Page Updated: