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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.
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