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Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
Application for the grant of a Premises Licence: The Gallery Bar, 127 -128 High Street,
Uxbridge, UB81DJ
Committee Licensing Sub-Committee
Officer Contact Licensing Officer – Mark Rose
Papers with report Appendix 1 - Application for the grant of a new premises licence
Appendix 2 - Plan of premises (2390/25)
Appendix 3 - Representation from the Licensing Authority
Appendix 4 - Representation from the Metropolitan Police
Appendix 5 - Map of the area
Appendix 6 - Photo of the premises
Appendix 7 - Photo of the building from Google Street view (2024)
Ward name Uxbridge
1.0 SUMMARY
To consider an application for the grant of a new premises licence as seen in Appendix 1 in respect
of The Gallery Bar, 127-128 High Street, Uxbridge, UB81DJ which has attracted representations,
from the Licensing authority and the Metropolitan Police. The plan of the premises is a ttached here
as Appendix 2.
2.0 RECOMMENDATION
That the Licensing Sub-Committee consider this application for the grant of a new premises licence in
respect of The Gallery Bar, 127-128 High Street, Uxbridge, UB81DJ.
3.0 APPLICATION
This new premises licence application has been submitted by Joanna Onisiforou, an agent from Irwin
Mitchell, acting on behalf of the applicant Art and Gallery Bar Ltd , a registered company (number
15667801).
This application has been submitted as permitted under Section 2(3) of the Licensing Act 2003 and it
seeks permission for the following licensable activities-
Provision of Films. Monday to Sunday, 7 days a week for the hours of 0900 – 0000 each day.
Provision of Live music. Monday to Wednesday between the hours of 2300 – 0000. Thursday would
be 2300 – 0230 hours. With Friday and Saturday being 2300 – 0300 hours, and lastly Sunday 2300
– 0100 hours.
Provision of Recorded Music. The same hours above detailed for Live music.
Provision of performance of dance. Monday to Wednesday 0900 - 0000 hours, Thursday 0900 –
0230 hours. Fridays and Saturdays 0900 – 0300 hours and Sundays 0900 – 0100 hours.
Provision of anything of a similar description to live music, recorded music or p erformances
of dance. Monday to Wednesday 0900 - 0000 hours, Thursday 0900 – 0230 hours. Fridays and
Saturdays 0900 – 0300 hours and Sundays 0900 – 0100 hours.
Late night refreshment. Monday to Wednesday 0900 - 0000 hours, Thursday 0900 – 0230 hours.
Fridays and Saturdays 0900 – 0300 hours and Sundays 0900 – 0100 hours.
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
Supply of alcohol. Monday to Wednesday 0900 - 0000 hours, Thursday 0900 – 0230 hours. Fridays
and Saturdays 0900 – 0300 hours and Sundays 0900 – 0100 hours.
Opening hours sought are Monday to Wednesday 0900 - 0030 hours, Thursday 0900 – 0300 hours.
Fridays and Saturdays 0900 – 0330 hours and Sundays 0900 – 0130 hours.
The hours and the licensable activities are listed with further details in paragraphs 3.3 and 3.4 below.
3.1 Type of application applied for
New premises licence application pursuant to Section 17 of Licensing Act 2003.
3.2 Description of the premises
In section 5 in Appendix 1, the applicant has described the premises as ‘BAR’ only.
The premises is situated on a busy road that has many restaurants, pubs and fast-food outlets. There
are 2 public houses in close vicinity, namely Whelan s and a Wetherspoons (Good Yarn). There is
also a McDonalds at 124/125 High Street.
Many of the shops in the area appear to have residential properties above them.
Opposite the premises is a multi-storey car park with shops on the ground floor (Tesco Express).
3.3 Licensable Activities
Activity Proposed for new
premises licence
Provision of films Indoors X
Provision of live music Indoors X
Provision of recorded music Indoors X
Provision of performance of
dance Indoors X
Provision of a similar
description Indoors X
Late night refreshments Indoors X
Supply of Alcohol On and Off the Premises X
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
3.4 Opening Hours and proposed hours for licensable activity
Films
Live
Music
Recorded
music
Performance
of Dance
Anything of
a similar
description
Late-Night
Refreshments
Supply of
alcohol
Mon
0900-
0000
2300-
0000
2300-
0000
0900-0000
0900-0000
0900-0000
0900-
0000
Tues
0900-
0000
2300-
0000
2300-
0000
0900-0000
0900-0000
0900-0000
0900-
0000
Weds 0900-
0000
2300-
0000
2300-
0000
0900-0000
0900-0000
0900-0000
0900-
0000
Thurs 0900-
0000
2300-
0230
2300-
0230
0900-0230
0900-0230
0900-0230
0900-
0230
Fri 0900-
0000
2300-
0300
2300-
0300
0900-0300
0900-0300
0900-0300
0900-
0300
Sat 0900-
0000
2300-
0300
2300-
0300
0900-0300
0900-0300
0900-0300
0900-
0300
Sun 0900-
0000
2300-
0100
2300-
0100
0900-0100
0900-0100
0900-0100
0900-
0100
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
Opening Hours of The Premises
Monday 09:00 – 00:30
Tuesday
09:00 – 00:30
Wednesday
09:00 – 00:30
Thursday
09:00 – 03:00
Friday
09:00 – 03:30
Saturday
09:00 – 03:30
Sunday
09:00 – 01:30
3.5 Other licensed premises nearby
Premises Activities Authorised Times Authorised
Nonna Rosa
Restaurant
119 High Street
Uxbridge
The provision of regulated
entertainment for recorded
music and private music
and dancing
The supply by retail of
alcohol – On only
The provision of late-night
refreshment
The sale of alcohol by retail
On weekdays, other than Christmas
Day, Good Friday or New Year’s Eve,
between 10.00 and 00.00 hours.
On Sundays, Christmas Day and on
Good Friday, between 12.00 and 23.30
hours.
When New Year’s Eve is on a weekday,
from 10.00 on New Year’s Eve until
00.00 hours on New Year’s Day, except
when New Year’s Day is on a Sunday,
then the sale of alcohol shall cease at
23.30.
When New Year’s Eve is on a Sunday,
from 12.00 on New Year’s Eve until
00.00 hours on New Year’s Day.
Late night refreshment
From 23.00 until 30 minutes after the
terminal time for the sale of alcohol.
The provision of recorded music is not
time restricted
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
Bar Italia
120 High Street
Uxbridge
The sale by retail of alcohol
– On and Off Sales
The provision of regulated
entertainment (indoors
only) being: -
performance of live
music
playing recorded music
The provision of late-night
refreshment (indoors only)
Live Music:
From 20.00 hours until 02.30 hours the
following day, everyday
Recorded Music:
From 12.00 hours until 02.30 hours the
following day, everyday
The sale of alcohol by retail:
From 12.00 hours until 02.30 hours the
following day, Sunday to Thursday
From 12.00 hours until 03.00 hours the
following day, Friday & Saturday
Off sales from Midday until 22:00
Monday to Sunday
Late Night refreshment:
From 23.00 hours until 02.30 hours the
following day, Sunday to Thursday
From 23.00 hours until 02.00 hours the
following day, Friday & Saturday
All Licensable Activities authorised to
04.00 hours on New Years Day
All Licensable Activities authorised for 1
extra hour at the beginning of Daylight
Savings Time
All Licensable Activities authorised to
04.00 hours on Christmas Day
The Good Yarn
132 High Street
Uxbridge
The sale by retail of
alcohol – On and Off
Sales
The provision of
regulated entertainment
(Indoors) for: -
Films
Live music,
Recorded music
Performances of
dance and
Anything of a similar
description
Sale of alcohol:
On Sunday to Thursday, between 09:00 and
00:30 hours the following day.
Friday and Saturday between 09:00 and
01:00 hours the following day
In addition to the hours detailed above:
On Christmas Eve and Boxing Day
between 09:00 and 02:00 hours the
following day.
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
The provision of late-
night
refreshment(Indoors)
On New Years Eve from 09:00 hours
until 09:00 hours on New Years Day.
Provision of late-night refreshment:
Su Sunday to Thursday between 23:00 and
00:30 hours.
Friday and Saturday between 23:00 and
01:00 hours.
In addition to the hours detailed above:
On Christmas Eve and Boxing Day
between 23:00 and 02:00 hours.
On New Years Eve from 23:00 hours
until 05:00 hours on New Years Day.
For all licensable activities:
On the days stated below, an
additional hour following the times
detailed above:-
Burns Night – 25 January
Australia Day – 26 January
St. David’s Day – 1 March
St. Patrick’s Day – 17 March
St George’s Day – 23 April
St. Andrew’s Day - 30 November
On the days stated below, an
additional 30 minutes following the
times detailed above:-
Thursdays preceding Easter
Sundays preceding a Bank Holiday
Between the hours of 06:00 and 03:00
the following day, on no more than 12
occasions per calendar year, subject to
providing the Licensing Service, the
Councils Environmental Protection Unit
and the Metropolitan Police Service 10
working days notice, and then only on
receiving a subsequent ‘CONSENT’
from the Councils Licensing Service, in
respect of this agreement to the
specified day and/or times applied for.
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
An additional hour on the morning of the
day the clocks go forward (from
Greenwich Meantime to British Summer
Time)
Caretta Caretta
133 High Street
Uxbridge
The sale by retail of alcohol
– On and Off Sales
Late Night Refreshment
Recorded Music
Sale of alcohol
Monday to Thursday 11:00 – 23:00
Friday to Saturday 11:00 – 00:00
Sunday 11:00 – 23:00
Late Night Refreshment
Friday to Saturday 11:00 – 00:00
Recorded Music
Monday to Thursday 11:00 – 23:00
Friday to Saturday 11:00 – 00:00
Sunday 11:00 – 23:00
Subway
134 High Street
Uxbridge
Provision of Late Night
Refreshment
Thursday 23:00 - 02:00
Friday - Saturday 23:00 - 04:00
Whelans
135 High Street
Uxbridge
The sale by retail of alcohol
– On sales only
The provision of regulated
entertainment (indoors
only) being:-
performance of live
music
playing recorded music
The provision of late night
refreshment (indoors)
The sale by retail of alcohol
Mondays to Thursdays, between 09.00
hours and 02.00 hours the following day.
Fridays and Saturdays, between 09.00
hours and 04.00 hours the following day.
On Sundays, between 09.00 hours and
00.30 hours the following day.
An extra hour to the finish time on
Christmas Eve, New Years Eve and
Bank Holidays
The provision of regulated
entertainment
Mondays to Thursdays between 20.00
hours and 02.00 hours the following day.
Fridays and Saturdays, between 20.00
hours and 04.00 hours the following day.
On Sundays, between 20.00 hours and
00.30 hours the following day.
An extra hour to the finish time on
Christmas Eve, New Years Eve and
Bank Holidays
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
The provision of late night
refreshment
Mondays to Thursdays between 23.00
hours and 02.00 hours the following day.
Fridays and Saturdays, between 23.00
hours and 04.00 hours the following day.
On Sundays, between 23.00 hours and
00.30 hours the following day.
German Doner kebab
137-138 High Street
Uxbridge
Provision of late-night
refreshment (indoors only)
Sunday – Thursday between 23.00
hours and 01.00 hours the following day
Friday - Saturday between 23:00 hours
and 03:00 hours the following day
Peri Peri King Express
139-140 High Street
Uxbridge
Provision of late-night
refreshment
From 23.00 hours until 02:00 hours
Sunday to Wednesday
From 23.00 hours until 02.30 hours
Thursday to Saturday
Wendys
57 High Street
Uxbridge
Late Night refreshment Friday & Saturday from 23:00 until 00:00
KFC
237
High Street
Uxbridge
Late Night refreshment Monday to Sunday 2300 to 2330 hours
Tesco Express
62 High Street
Uxbridge
Sale of alcohol – off sales
only
Monday to Sunday 06.00 hours to 00.00
hours
3.6 Operating Schedule and Conditions
The applicants did not fill in section 18 of the operating schedule with details in Appendix 1; however,
they included 2 extra pages of additional information to cover the operating schedule to demonstrate
the steps the applicant proposes to take to promote the licensing objectives. (last 2 pages of appendix
1).
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
4.0 CONSULTATION
4.1 Closing date for representations
24th August 2025.
4.2 Public Notice published in local newspaper
6th August 2025 – West London Gazette.
5.0 REPRESENTATIONS
5.1 We have received a representation from the Licensing Authority and the Metropolitan Police, acting
as Responsible Authorities under the Act.
5.2 We have received no representations from Councillors or members of the public.
Responsible authorities Ground for Representation Appendix
Licensing Authority
Prevention of Crime and Disorder
Prevention of Public Nuisance
Appendix 3
Metropolitan Police
Prevention of Crime and Disorder
Prevention of Public Nuisance
Protection of Children from Harm
Public Safety
Appendix 4
6.0 BACKGROUND INFORMATION
6.1 A map of the area is attached as Appendix 5.
6.2 A photo of the premises is attached as Appendix 6, as this shows very little at the present time as
the premises is covered by scaffolding, I have attached appendix 7 a photo taken from google street
view from 2024 showing the premises before the building work started.
6.3 There have been no recorded Members' Enquires for this premises.
7.0 RELEVANT SECTIONS OF S.182 GUIDANCE
7.1 Where representations are made
At paragraph 9.3 it states that “Where a representation concerning the licensing objectives is made by a
responsible authority about a proposed operating schedule and it is relevant (see paragraphs 9.4 to 9.10),
the licensing authority’s discretion will be engaged. It will also be engaged if another person makes relevant
representations to the licensing authority, which are also not frivolous or vexatious (see paragraphs 9.4 to
9.10). Relevant representations can be made in opposition to or in support of, an application and can be
made by any individual, body or business that has grounds to do so.”
7.2 Relevant, vexatious and frivolous representations
At paragraph 9.4 it states that “A representation is “relevant” if it relates to the likely effect of the grant of the
licence on the promotion of at least one of the licensing objectives. For example, a representation from a
local businessperson about the commercial damage caused by competition from new licensed premises
would not be relevant. On the other hand, a representation by a businessperson that nuisance caused by
new premises would deter customers from entering the local area, and the steps proposed by the applicant
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
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.”
At paragraph 9.9 it states that “It is recommended that, in borderline cases, the benefit of the doubt about
any aspect of a representation should be given to the person making the representation. The subsequent
hearing would then provide an opportunity for the person or body making the representation to amplify and
clarify it.”
7.3 Determining actions that are appropriate for the promotion of the licensing objectives
At paragraph 9.42 it states that "Licensing authorities are best placed to determine what actions are
appropriate for the promotion of the licensing objectives in their areas. All licensing determinations should be
considered on a case -by-case basis. They should take into account any representations or objections that
have been received from responsible authorities or other persons, and representations made by the applicant
or premises user as the case may be".
At paragraph 9.43 it states that "The authority’s determination should be evidence -based, justified as
being appropriate for the promotion of the licensing objectives and proportionate to what it is intended to
achieve".
At paragraph 9.44 it states that "Determination of whethe r 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 benefit in terms of the promotion of the licensing objectives.
However, the Revised Guidance issued under section 182 of the Licensing Act 2003 informs that it is
imperative that the authority ensures that the factors which form the basis of its determinati on are limited to
consideration of the promotion of the objectives and nothing outside those parameters. As with the
consideration of licence variations, the licensing authority should consider wider issues such as other
conditions already in place to mitigate potential negative impact on the promotion of the licensing objectives
and the track record of the business.
Further advice on determining what is appropriate when imposing conditions on a licence or certificate is
provided in Chapter 10. The licens ing authority is expected to come to its determination based on an
assessment of the evidence on both the risks and benefits either for or against making the determination".
7.4 Proportionality
At paragraph 10.2 it states, “Conditions include any limitations or restrictions attached to a licence or
certificate and essentially are the steps or actions that the holder of the premises licence or the club premises
certificate will be required to take or refrain from taking in relation to the carrying on of licensable activities at
the premises in question.
Failure to comply with any condition attached to a licence or certificate is a criminal offence, which on
conviction is punishable by an unlimited fine or up to 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.”
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
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
all parties agree a hearing is not necessary) that it is appropriate to impose conditions to promote one or
more of the four licensing objectives.
In order to promote the crime prevention licensing objective conditions may be included that are aimed at
preventing illegal working in licensed premises. This provision also applies to minor variations.”
At paragraph 10.9 It is possible that in some cases no additional conditions will be appropriate to promote
the licensing objectives.
At paragraph 10.10 it states that "The 2003 Act requires that licensing conditions should be tailored to the
size, type, location and characteristics and activities taking place at the premises concerned. Conditions
should be determined on a case -by-case basis and standardi sed conditions which ignore these individual
aspects should be avoided.
For example, conditions should not be used to implement a general policy in a given area such as the use of
CCTV, polycarbonate drinking vessels or identity scanners where they would not be appropriate to the
specific premises. Conditions that are considered appropriate for the prevention of illegal working in premises
licensed to sell alcohol or late -night refreshment might include requiring a premises licence holder to
undertake right to work checks on all staff employed at the licensed premises or requiring that a copy of any
document checked as part of a right to work check , either physical or digital (e.g. copy of any document
checked or a clear copy of the online right to work ch eck) is retained at the licensed premises. Licensing
authorities and other responsible authorities should be alive to the indirect costs that can arise because of
conditions.
These could be a deterrent to holding events that are valuable to the community or for the funding of good
and important causes. Licensing authorities should therefore ensure that any conditions they impose are only
those which are appropriate for the promotion of the licensing objectives".
7.5 Hours of Trading
At paragraph 10.13 it states "The Government acknowledges that different licensing strategies may be
appropriate for the promotion of the licensing objectives in different areas. The 2003 Act gives the licensing
authority power to make decisions about the hours during which premises can conduct licensable activities
as part of the implementation of its licensing policy statement.
Licensing authorities are best placed to make decisions about appropriate opening hours in their areas based
on their local knowledge and in consultation with responsible authorities. However, licensing authorities must
always consider each application and must not impose predetermined licensed opening hours, without giving
individual consideration to the merits of each application”.
7.6 Licensing Hours
At paragraph 14.51 With regard to licensing hours, the Government acknowledges that different licensing
approaches may be appropriate for the promotion of the licensing objectives in different areas. The 2003 Act
gives the licensing authority power to make decisions regardi ng licensed opening hours as part of the
implementation of its licensing policy statement and licensing authorities are best placed to make such
decisions based on their local knowledge and in consultation with other responsible authorities. However,
licensing authorities must always consider each application and must not impose predetermined licensed
opening hours, without giving individual consideration to the merits of each application.
At paragraph 14.52 Statements of licensing policy should set out th e licensing authority’s approach
regarding licensed opening hours and the strategy it considers appropriate for the promotion of the licensing
objectives in its area. The statement of licensing policy should emphasise the consideration which will be
given to the individual merits of an application. The Government recognises that licensed premises make an
important contribution to our local communities and has given councils a range of tools to effectively manage
the different pressures that licensed premise s can bring. In determining appropriate strategies around
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
licensed opening hours, licensing authorities cannot seek to restrict the activities of licensed premises where
it is not appropriate for the promotion of the licensing objectives to do so.
8.0 RELEVANT SECTIONS OF HILLINGDON’S LICENSING POLICY
8.1 Licensing Objectives – The Prevention of Crime and Disorder
At paragraph 10.1 Licensed premises, especially those offering late night/early morning entertainment,
alcohol and refreshment, can be a source of crime and disorder. The Licensing Authority 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.
At paragraph 10.3 Where a number of premises may be in close proximity it may be difficult to attribute the
disorder to patrons of particular premises, however there is a duty on Premises Licence Holders or Club
Management Committees to act responsibly to ensure their own customers do not contribute to crime and
disorder whilst in their premises and in the vicinity of their premises.
At paragraph 10.6 Applications referred to the Licensing Sub -Committee where relevant representa tions
have been received will be determined on the individual merit of each case. The Licensing Sub -Committee
has the power to impose specific conditions when considered appropriate in respect of the Crime and
Disorder objective.
8.2 Licensing Objectives – Public Safety
At paragraph 11.5 Applications referred to the Licensing Sub-Committee will be determined on the individual
merit of each case. The Licensing Sub -Committee have the power to impose specific conditions when
considered necessary in respect of the Public Safety objective.
8.3 Licensing Objectives – The Prevention of Public Nuisance
At paragraph 12.1 Licensing Sub Committees will be mindful that licensed premises, especially those
operating late at night and in the early hours of the morning, can cause a range of nuisances impacting on
people living, working or sleeping in the vicinity of the premises. When addressing public nuisance the
applicant should identify any particular issues that are likely to affect adversely the promotion of the licensing
objective to prevent public nuisance. They should then include in the operating schedule how they will deal
with those matters.
The concerns mainly relate to noise nuisance from within the premises or from the use of any outside areas,
light pollution, smoke and noxious smells. This may also 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.
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.
8.4 Licensing Objectives – The Protection of Children from Harm
At paragraph 13.7 Applications referred to the Licensing Sub -Committee will be determined on the
individual merit of each case. The Licensing Sub -Committee have the power to impose specific
conditions when considered necessary in respect of the Protection of Children from Harm objective.
8.5 Representations
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
At paragraph 17.2 Representations can be made to the Council, as Licensing Authority, by a ‘Responsible
Authority’ or by ‘Interested Parties’ which include individuals such as residents or bodies such as a resident’s
association, trade associations and other businesses operating. Representations can be made concerning:
Applications for new premises licences or club premises certificates
Applications to vary premises licences or club premises certificates
Personal licence applications on criminal grounds (only by the Police)
At paragraph 17.9 The Licensing Act 2003 also permits Elected Members to make representations on their
own behalf as well as on behalf of their constituents. Members of the public who are making representations
may also request that their Ward Councillor speaks on their behalf at public hearings to determine
applications.
At paragraph 17.11 Written representations include letters and emails. Representations received after the
end of the public consultation period cannot legally be accepted and will not be considered by the Licensing
Authority.
At paragraph 17.12 Representations must contain;
a) The name, full address & post code, of the person making them;
b) The reasons for their representation;
c) Which of the four Licensing Objectives the representation relates to i.e. Crime and disorder; Public
Nuisance; Public safety; Protection of children from harm.
At paragraph 17.15 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 m aking
representations and any other party requesting a copy as well as the Licensing Sub -committee 10 working
days prior to the hearing. Anonymous representations will not be accepted.
8.6 Licensing Hours
At paragraph 25.1 Prior to the introduction of the Licensing Act 2003, it was believed that fixed and artificially
early closing times (established under the Licensing Act 1964) were one of the key causes of rapid binge
drinking prior to closing times and one of the causes of disorder and disturbance when large number of
customers were required to leave the premises simultaneously.
At paragraph 25.2 The aim through promotion of the licensing objectives should be to reduce the potential
for concentrations and achieve a slower dispersal of people from licensed premises through flexible opening
times.
At paragraph 25.3 Arbitrary restrictions that woul d undermine the principle of flexibility will therefore be
avoided. The four licensing objectives will be paramount at all times and the Council will always consider the
individual merits of each case.
At paragraph 25.4 In accordance with guidance there i s no fixed restriction on terminal hours for any
particular areas of the borough. Such a restriction could cause the migration of patrons from one area to
another and create the circumstances that the legislation is attempting to avoid. Each application will be dealt
with on its merits. It is for the applicants to detail in their Operating Schedule 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.
8.7 Licence Conditions
At paragraph 20.1 Conditions on premises licences and club certificates are determined by:
The measures put forward on the Operating Schedule
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
Mandatory conditions within the Act (current list included as Appendix G)
Measures decided at a hearing by the Licensing Sub Committee
At paragraph 20.2 Conditions attached to licences by the Licensing Authority that have been proposed by
the applicant in their operating schedule should be consistent with the steps set out in the operating schedule.
This means that the effect of these conditions should be substantially the same as that intended by the terms
of the operating schedule.
At paragraph 20.3 Any conditions attached to licences following relevant representations will focus on
matters within the control of the Premises Licence Holder or Club Management Committees. They will
address matters which have a direct impact on those living, working or engaged in normal activities in the
vicinity, as well as patrons of the licensed premises.
They will not be used as a means of attempting to attach responsibility to Premises Licence Holders or Club
Management Committees for matters outside their reasona ble control, such as anti -social behaviour once
away from the premises or licensable activity. Conditions imposed by the Licensing Authority shall be
appropriate, reasonable, and proportionate and should be determined on a case-by-case basis.
At paragraph 20.4 The Licensing Authority will not impose standard conditions upon every licence issued,
however it may have regard to model conditions produced by the Government and/or the Institute of Licensing
and it may choose to impose these in appropriate circumstances.
9.0 LEGAL CONSIDERATIONS
9.1 When considering an application for a grant of a new Premises Licence, the Sub -Committee shall
carry out its functions with a view to taking steps it considers appropriate for promoting the licensing
objectives. The licensing objectives are:
Prevention of crime and disorder
Public Safety
Prevention of public nuisance
Protection of children from harm
9.2 Members should note that each objective is of equal importance. There are no other licencing
objectives, and the four objectives are paramount considerations at all times.
9.3 An application for a new premises licence may be made pursuant to s.16 and s.17 of the Act, and with
regard to the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005/42
and the licensing Act 2003 (Fees) Regulations 2005/79.
9.4 The Sub-Committee must ensure that all licensing decisions:
Have a direct relationship to the promotion of one or more of the four licensing objectives
Have regard to the Council's statement of licensing policy
Have regard to the Secretary of State guidance
Must not be subject to a blanket policy to the extent that it is applied so rigidly that an exercise of
discretion in each individual case is precluded
9.5 Where relevant representations are made, the Licensing Authority must hold a hearing to determine
the application, unless all are agreed that such a hearing is unnecessary s.18(3)(a) Licencing Act
2003.
9.6 Relevant representations are those that relate to the effect of the granting of the application on the
promotion of the licensing objectives made by an interested party or responsible authority that have
not been withdrawn and are not, in the opinion of the relevant licencing authority, frivolous or vexatious
s.18(7) Licensing Act 2003.
Licensing Sub-Committee Hearing – 22 September 2025
Part 1 – Public
9.7 The Sub-Committee can only consider matters within the application that have been raised through
representations from interested parties and responsible authorities. Interested parties must live within
the vicinity of the premises. All applications will be decided on a case-by-case basis.
9.8 Following a hearing, the Sub-Committee must consider all relevant representations, and having taken
into account the promotion of the licensing objectives, under s.18(3(b) and (4) Licensing Act 2003, a
decision can be taken: -
i. To grant the licence, subject to the mandatory conditions and conditions consistent with the
operating schedule;
ii. To impose additional relevant conditions to such an extent as is considered necessary for the
promotion of the licensing objectives;
iii. To exclude any of the licensable activities to which the application relates;
iv. To amend the times for all or some of the licensable activities;
v. To refuse to specify a person in the licence as the premises supervisor;
vi. To reject the application.
9.9 Conditions will not be necessary if they duplicate a current statutory requirement. The licencing
Authority may therefore only impose such conditions that are necessary to promote the licensing
objectives arising out of the consideration of the representations.
9.10 If the Sub -Committee determines that it is necessary to modify the conditions, or to refuse the
application for a Premises Licence application, it must give reasons for its decision.
9.11 The Council in its capacity as Licensing Authority has a duty to have regard to its public sector equality
duty under s.149 of the Equality Act 2010. In summary s.149 provides that a Public Authority must, in
the exercise of its functions, have due regard to the need to:
i. Eliminate discrimination harassment, victimisation and any other conduct that is prohibited by or
under this Act;
ii. Advance equality of opportunity between persons who share a relevant protected characteristic and
persons who do not share it; and
iii. Foster good relations between persons who share relevant protected characteristics and persons
who do not.
9.12 Section 149(7) of the Equality Act 2010 defines nine relevant protected characteristics these are:
i. age
ii. gender reassignment
iii. being married or in a civil partnership
iv. being pregnant or on maternity leave
v. disability
vi. race including colour, nationality, ethnic or national origin
vii. religion or belief
viii. sex
ix. sexual orientation
9.13 Officers have provided the Sub-Committee with recommendations related to this application. Subject
to the above -mentioned factors having been properly considered, the Sub -Committee may depart
from the recommendations if there are good reasons for doing so. The Sub-Committee is advised
that such departures could give rise to an appeal or judicial review.
9.14 Interested parties, Responsible Authorities and the Applicant have the right to appeal the decision of
the Licensing Sub-Committee to the Magistrates’ Court within a period of 21 days beginning with the
day on which the applicant was notified by the Licensing Authority of the decision to be appealed
against.
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