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Licensing Sub-Committee Hearing – 8 December 2025
Part I – Public
Application for the grant of a Premises Licence: KFC Hayes Town , 60 Station Road,
Hayes, UB3 4DF
Committee Licensing Sub-Committee
Officer Contact Licensing Team Manager – Daniel Ferrer 01895 277 753
Papers with report Appendix 1 - Application for the grant of a new premises licence
Appendix 2 - Plan of premises
Appendix 3 - Representation from the Licensing Authority
Appendix 4 - Representation from Cllr Gardner
Appendix 5 - Map of the area
Appendix 6 - 3 Photographs of the premises (Appendix 6a-c)
Ward name Hayes Town
1.0 SUMMARY
To consider an application for the grant of a new premises licence as seen in Appendix 1 in respect
of KFC Hayes Town, 60 Station Road, Hayes, UB3 4DA. This application has attracted
representations, from the Licensing Authority as a Responsible Authority and a Ward Councillor. The
plan of the premises is attached here as Appendix 2.
2.0 RECOMMENDATION
That the Licensing Sub-Committee consider this application for the grant of a new premises licence in
respect of KFC Hayes Town, 60 Station Road, Hayes, UB3 4DA.
3.0 APPLICATION
This new premises licence application has been submitted by John Gaunt & Partners Licensing
Solicitors acting on behalf of the applicant TRC Realty Limited.
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
The premises is a fast-food venue that provides consumption on the premises and operates as a
takeaway. The premises currently provide hot food and drink every day of the week from 10:00 hours
to 23:00 hours.
The premises is situated on a busy road that has a number of restaurants and fast-food outlets. In
addition, there are a number of off-licences, pubs and gambling premises close by.
3.3 Licensable Activities
Activity Proposed for new
premises licence
Late Night
Refreshment Indoors x
Licensing Sub-Committee Hearing – 8 December 2025
Part I – Public
3.4 Opening Hours and proposed hours for licensable activity
Late Night
Refreshment
Monday 23:00 - 02:00
Tuesday 23:00 - 02:00
Wednesday 23:00 - 02:00
Thursday 23:00 - 02:00
Friday 23:00 - 02:00
Saturday 23:00 - 02:00
Sunday 23:00 - 02:00
Opening Hours of The Premises
Monday 10:00 – 02:00
Tuesday 10:00 – 02:00
Wednesday 10:00 – 02:00
Thursday 10:00 – 02:00
Friday 10:00 – 02:00
Saturday 10:00 – 02:00
Sunday 10:00 – 02:00
3.5 Other licensed premises nearby
Premises Activities Authorised Times Authorised
Ginger & Spice
58 Station Road
Hayes
UB3 4DF
Sale of Alcohol – On and
Off supplies
Sale of alcohol
Sunday -Thursday from 11.00 hours until
23.00
Licensing Sub-Committee Hearing – 8 December 2025
Part I – Public
Late Night Refreshment
(Indoors)
Friday and Saturday from 11.00 hours
until 00.00
Late Night Refreshment
Friday and Saturday 23.00 hours until
00.00 hours
Save More Super
Store
75 Station Road
Hayes
UB3 4BG
Sale of alcohol – Off
supplies only
Monday to Sunday 08.00 hours to 00:00
hours.
McDonalds
22-24 Station Road
Hayes
UB3 4DA
Late Night Refreshment
Monday to Sunday 23.00 hours to 00:00
hours.
Iceland
25-37 Station Road
Hayes
UB3 4DX
Sale of alcohol – Off
supplies only
Monday to Sunday 07:00 hours to 23:00
hours.
Sofia’s Superstore
38 Station Road
Hayes
UB3 4DD
Sale of alcohol – Off
supplies only
Monday to Sunday 09.00 hours to 21:30
hours.
The Old Crown
81 Station Road
Hayes
UB34BG
Sale of alcohol – on and
off sales only
Regulated entertainment.
Late night refreshment
Regulated Entertainment:
From 10.00 hours until 00.00 hours
every day
Provision of late-night refreshment:
From 23.00 hours until 01.00 hours the
following day, every day.
Sale of alcohol
From 10.00 hours until 01.00 hours the
following day, every day
Chixy’s Grill
1 Clayton Road
Hayes
UB3 1AX
Late night refreshment
Sunday -Thursday from 23.00 hours until
00.00
Friday and Saturday from 23.00 hours
until 01.00
Cherry Express Food
& Wine
4 Clayton Road
Hayes
UB3 1AY
Sale of alcohol – Off
supplies only
Monday to Sunday 07.00 hours to 23:00
hours.
Yangs
5 Clayton Road
Hayes
UB3 1AX
Sale of alcohol – On
supplies only
Sale of alcohol
Monday to Saturday 10.00 hours to
00:00 hours. Sunday 12:00 hours to
23:30 hours.
Late-night refreshment
Licensing Sub-Committee Hearing – 8 December 2025
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From 23.00 until 30 minutes after the
terminal time for the sale of alcohol.
Falooda Wala
8-10 Clayton Road
Hayes
UB3 1AZ
Late Night Refreshment
Late night refreshment
Monday to Thursday 23.00 hours to
01.00 hours. Friday to Sunday 23.00 to
02.00.
Captain Morgans
9 Clayton Road
Hayes
UB3
Sale of alcohol – on and
off sales only
Regulated entertainment.
Late night refreshment
Sale of alcohol:
Monday to Thursday 11:00 hours to
00:00 hours. Friday & Saturday 11:00
hours to 02:00 hours. Sunday 12:00 to
02:00 hours.
Regulated Entertainment:
Monday to Thursday 18:00 hours to
23:00 hours. Friday & Saturday 18:00
hours to 01:00 hours. Sunday 12:00 to
01:00 hours.
Provision of late-night refreshment:
Monday to Thursday 23:00 hours to
00:30 hours. Friday, Saturday & Sunday
23:00 hours to 02:00 hours.
3.6 Operating Schedule and Conditions
Section M of the operating schedule of the application in Appendix 1 demonstrates the steps the
applicant proposes to take to promote the licensing objectives.
4.0 CONSULTATION
4.1 Closing date for representations
11th November 2025.
5.0 REPRESENTATIONS
5.1 A Representation was received from the Licensing Authority acting as Responsible Authority.
5.2 In addition, a representation was received from a local Ward Councillor, Janet Gardner.
Interested
Parties/Responsible
Authority
Ground for Representation Appendix
Licensing Authority – Lois
King
Prevention of Crime and Disorder
Prevention of Public Nuisance
Protection of Children from Harm
Appendix 3
Cllr Janet Gardner
Public Safety
Prevention of Public Nuisance
Appendix 4
6.0 BACKGROUND INFORMATION
6.1 A map of the area is attached as Appendix 5.
6.2 3 Photographs of the exterior of the premises are attached as Appendices 6a, 6b and 6c.
Licensing Sub-Committee Hearing – 8 December 2025
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6.3 There have been no recorded Members' Enquires for this premises.
6.4 Hayes & Harlington Station is about a 3 minutes’ walk south of the premises going along Station Road
over the Grand Union Canal . St Anselm’s Hayes is the closest church – 3 buildings north of the
premises.
7.0 RELEVANT SECTIONS OF S.182 GUIDANCE
7.1 Where representations are made
At paragraph 9.3 it states that “Where a representation concerning the licensing objectives is made by a
responsible authority about a proposed operating schedule and it is relevant (see paragraphs 9.4 to 9.10),
the licensing authority’s discretion will be engaged. It will also be engaged if another person makes relevant
representations to the licensing authority, which are also not frivolous or vexatious (see paragraphs 9.4 to
9.10). Relevant representations can be made in opposition to or in support of, a n 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 ha nd, a representation by a businessperson that nuisance caused by
new premises would deter customers from entering the local area, and the steps proposed by the applicant
to prevent that nuisance were inadequate, would be relevant. In other words, represent ations 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 borderl ine 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 sho uld take into account any representations or objections that
have been received from responsible authorities or other persons, and representations made by the applicant
or premises user as the case may be".
At paragraph 9.43 it states that "The authority ’s determination should be evidence -based, justified as
being appropriate for the promotion of the licensing objectives and proportionate to what it is intended to
achieve".
At paragraph 9.44 it states that "Determination of whether an action or step is appropriate for the
promotion of the licensing objectives requires an assessment of what action or step would be suitable to
achieve that end. While this does not therefore require a licensing authority to decide that no lesser step will
achieve the aim, the authority should aim to consider the potential burden that the condition would impose
on the premises licence holder (such as the financial burden due to restrictions on licensable activities) as
well as the potential benefit in terms of the promotion of the licensing objectives.
However, the Revised Guidance issued under section 182 of the Licensing Act 2003 informs that it is
imperative that the authority ensures that the factors which form the basis of its determination are limited to
Licensing Sub-Committee Hearing – 8 December 2025
Part I – Public
consideration of the promotion of the objectives and nothing outside those parameters. As with the
consideration of licence variations, the licensing authority should consider wider issues such as other
conditions already in place to mitigate potential negative impact on the promotion of the licensing objectives
and the track record of the business.
Further advice on determining what is appropriate when imposing conditions on a licence or certificate is
provided in Chapter 10. The licensing authority is expected to come to its determination based on an
assessment of the evidence on both the risks and benefits either for or against making the determination".
7.4 Proportionality
At paragraph 10.2 it states, “Conditions include any limitations or restrictions attached to a licence or
certificate and essentially are the steps or actions that the holder of the premises licence or the club premises
certificate will be required to take or refrain from taking in relation to the carrying on of licensable activities at
the premises in question.
Failure to comply with any condition attached to a licence or certificate is a criminal offence, which on
conviction is punishable by an unlimited fine or up to 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
all parties agree a hearing is not necessary) that it is appropriate to impose conditions to promote one or
more of the four licensing objectives.
In order to promote the crime prevention licensing objective conditions may be included that are aimed at
preventing illegal working in licensed premises. This provision also applies to minor variations.”
At paragraph 10.9 It is possible that in some cases no additional conditions will be appropriate to promote
the licensing objectives.
At paragraph 10.10 it states that "The 2003 Act requires that licensing conditions should be tailored to the
size, type, location and characteristics and activities taking place at the premises concerned. Conditions
should be determined on a case -by-case basis and standardised conditions which ignore these individual
aspects should be avoided.
For example, conditions should not be used to implement a general policy in a given area such as the use of
CCTV, polycarbonate drinking vessels or identity scanners where they would not be appropriate to the
specific premises. Conditions that are considered appropriate for the 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 check) is retained at the licensed premises. Licensing
authorities and other responsible authorities shou ld 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 Sub-Committee Hearing – 8 December 2025
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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”.
At paragraph 10.14 it states, “Where there are objections to an application to extend the hours during which
licensable activities are to be carried on and the licensing authority determines that this would undermine the
licensing objectives, it may reject the application or grant it with appropriate conditions and/or different hours
from those requested.”
At paragraph 10.15 it states “Shops, stores and supermarkets should normally be free to provide sales of
alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there
are good reasons, based on the licensing objectives, for restricting those hours.”
7.6 Licensing Hours
At paragraph 14.51 With regard to licensing hours, the Government acknowledges that different licensing
approaches may be appropriate for the promotion of the licensing objectives in different areas. The 2003 Act
gives the licensing authority power to make decisions 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
licensed opening hours, licensing authorities cannot seek to restrict the activities of licensed premises where
it is not appropriate for the promotion of the licensing objectives to do so.
7.7 The Need for Licensed Premises
At paragraph 14.19 There can be confusion about the difference between the “need” for premises and the
“cumulative impact” of premises on the licensing objectives, for example, on crime and disorder. “Need”
concerns the com mercial demand for another pub or restaurant or hotel and is a matter for the planning
authority and for the market. This is not a matter for a licensing authority in discharging its licensing functions
or for its statement of licensing policy.
8.0 RELEVANT SECTIONS OF HILLINGDON’S LICENSING POLICY
8.1 Licensing Objectives – The Prevention of Crime and Disorder
At paragraph 12.1 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 12.3 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.
Licensing Sub-Committee Hearing – 8 December 2025
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At paragraph 12.6 Applications referred to the Licensing Sub -Committee where relevant representations
have been received will be determined on the individual merit of each case. The Licensing Sub -Committee
has the power to impose specific conditions when considered appropriate in respect of the Crime and
Disorder objective.
8.2 Licensing Objectives – Public Safety
At paragraph 13.5 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 14.1 Licensing Sub Committees will be mindful that licensed premises, especially those
operating late at night and in the early hours of the morning, can c ause 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, s moke 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 14.7 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 15.10 Applications referred to the Licensing Sub -Committee will be determined on the
individual merit of each case. The Licensing Sub -Committee have the power to impose specific
conditions when considered necessary in respect of the Protection of Children from Harm objective.
8.5 Representations
At paragraph 19.2 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 19.9 The 2003 Act 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 makin g representations may also
request that their Ward Councillor speaks on their behalf at public hearings to determine applications .
At paragraph 19.11 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 19.12 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; and/or protection of children from harm. .
Licensing Sub-Committee Hearing – 8 December 2025
Part I – Public
At paragraph 19.14 Representations based on ‘Need’ for licensed premises, concerns the commercial
demand for another pub, restaurant, off licence or hotel. This is not a matter for the Licensing Authority in
discharging its licensing functions. ‘Need’ is a matter for planning committees and for t he market.
Representations made on the basis of need are likely to be rejected. .
At paragraph 19.15 All valid representations will form part of a committee report that will become a public
document. It will be given to the applicant, their agent, responsible authorities, other persons making
representations and any other party requesting a copy as well as the Licensing Sub-committee 10 working
days prior to the hearing. Anonymous representations will not be accepted.
8.6 Licensing Hours
At paragraph 27.1 Prior to the introduction of the 2003 Act, 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 27.2 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 27.3 Arbitrary restrictions that would undermine the principle of flexibility will therefore be
avoided. The four licensing objectives will be paramount at all times and the Council will always consider the
individual merits of each case.
At paragraph 27.4 In accordance with guidance there is no fixed restriction on terminal hours for any
particular areas of the borough. Such a restriction could cause the 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.
At paragraph 27.5 Shops, stores and supermarkets licensed to sell alcohol will normally be allowed to do so
for the full duration of their trading hours. Restrictions may be applied, for example where representations
are made indicating the particular premises or patrons o f the premises are linked to disorder and or
disturbance.
8.7 Licence Conditions
At paragraph 22.1 Conditions on premises licences and club certificates are determined by:
The measures put forward on the Operating Schedule
Mandatory conditions within the 2003 Act (current list included at Appendix G)
Measures decided at a hearing by the Licensing Sub-Committee
At paragraph 22.2 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 22.3 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.
Licensing Sub-Committee Hearing – 8 December 2025
Part I – Public
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 22.4 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 L icence, 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.
9.7 The Sub-Committee can only consider matters within the a pplication 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;
Licensing Sub-Committee Hearing – 8 December 2025
Part I – Public
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 statutor y 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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