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Licensing Sub-Committee Hearing – 16 March 2026
Part 1 – Public
Application for the grant of a Premises Licence: Home Bargains,
Unit 2, Harefield Road, Uxbridge UB8 1ZZ
Committee Licensing Sub-Committee
Officer Contact Lois King, Licensing
Papers with report Appendix 1 - Application form and plan
Appendix 2 - Representations from N Johnson
Appendix 3 - Representations from Residents’ Association
Appendix 4 - Map of the area
Ward name Uxbridge
1.0 SUMMARY
To consider an application for the grant of a new Premises Licence in respect of Home
Bargains, Unit 2, Harefield Road, Uxbridge UB8 1ZZ . The application form and plan is
appended as Appendix 1 and has attracted representations from a resident and the North
Uxbridge Residents’ Association objecting to the application.
2.0 RECOMMENDATION
That the Licensing Sub-Committee consider this application for the grant of a new Premises
Licence in respect of Home Bargains, Unit 2, Harefield Road, Uxbridge UB8 1ZZ.
3.0 APPLICATION
3.1 Type of Application
New Premises Licence application pursuant to s.17 of the Licensing Act 2003 submitted by
T.J. Morris Limited.
3.2 Proposed Licensable Activities
The application is seeking a li cence to authorise the sale of alcohol for consumption off the
premises only.
3.3 Proposed Hours
Supply of Alcohol Opening Hours
Monday 07:00 – 23:00 07:00 – 23:00
Tuesday 07:00 – 23:00 07:00 – 23:00
Wednesday 07:00 – 23:00 07:00 – 23:00
Thursday 07:00 – 23:00 07:00 – 23:00
Friday 07:00 – 23:00 07:00 – 23:00
Saturday 07:00 – 23:00 07:00 – 23:00
Sunday 07:00 – 23:00 07:00 – 23:00
Licensing Sub-Committee Hearing – 16 March 2026
Part 1 – Public
3.4 Description of the Premises
The premises is a commercial unit within a larger retail premises, which also houses an
ALDI which holds a Premises Licence, accessible from Harefield Road. There is a car park
for customers for both premises. The premises previously traded as a Halfords.
3.5 Operating Schedule
Section 18 of the operating schedule of the application at Appendix 1 demonstrates the
steps the applicant proposes to take to promote the licensing objectives.
3.6 Other Licensed Premises Nearby
Premises Licensable Activities Licensed Hours
ALDI
Harefield Road
Uxbridge
UB8 1JS
Sale by retail of alcohol (on-
supplies only)
Sale by retail of alcohol:
Monday to Sunday 06:00 hours
until 00:00 hours
Bar Italia
120 High Street
Uxbridge
UB8 1JT
Provision of regulated
entertainment:
Live Music:
Recorded Music:
Sale by retail of alcohol (both on
and off-supplies)
Provision of late-night
refreshment
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
Sale by retail of alcohol:
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
Licensing Sub-Committee Hearing – 16 March 2026
Part 1 – Public
the beginning of Daylight
Savings Time
All Licensable Activities
authorised to 04.00 hours on
Christmas Day
Nonna Rosa
Restaurant
119 High Street
Uxbridge
UB8 1JT
Sale by retail of alcohol (on-
supplies only)
Provision of late-night
refreshment
Provision of regulated
entertainment:
Recorded music
Sale by retail of alcohol:
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.
Recorded music:
Not time restricted
Cave Snooker Club
First Floor
124 High Street
Uxbridge
UB8 1JT
Provision of regulated
entertainment:
Recorded music
Sale by retail of alcohol (on-
supplies only)
Recorded music:
Between the hours of 23:00 –
02:00 every day
Sale by retail of alcohol:
Between 10:00 hours and 02:00
hours every day
Gallery Bar
127-128 High Street
Uxbridge
UB8 1DJ
Sale by retail of alcohol (both on
and off-supplies)
Provision of regulated
entertainment:
Live music
Recorded music
Performances of dance
Entertainment similar to
live music, recorded music,
or performances of dance
Sale by retail of alcohol,
performances of dance, and
entertainment similar to live
music, recorded music, or
performances of dance:
Sunday to Wednesday, from
09:00 until 00:00
Thursday, from 09:00 until 02:30
Friday and Saturday, from 09:00
until 03:00
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Provision of late-night
refreshment
Live music, recorded music and
late-night refreshment:
Sunday to Wednesday, from
23:00 until 00:00
Thursday, from 23:00 until 02:30
Friday and Saturday, from 23:00
until 03:00
On the morning that Greenwich
Mean Time changes to British
Summer Time one hour will be
added to the terminal hour of
any activities where the existing
terminal hour for the activities
ends after 01:00 hours.
Licensable activities may be
provided from terminal hour for
those activities on New Year’s
Eve through to the
commencement time for those
activities on New Year’s Day.
Good Yarn
132 High Street
Uxbridge
UB8 1JT
Sale by retail of alcohol (both on
and off-supplies
Provision of regulated
entertainment:
Films
Live music,
Recorded music
Performances of dance
and
Anything of a similar
description
Provision of late-night
refreshment
Sale by retail of alcohol:
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.
On New Years Eve from 09:00
hours until 09:00 hours on New
Years Day.
Provision of late-night
refreshment:
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.
Licensing Sub-Committee Hearing – 16 March 2026
Part 1 – Public
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.
An additional hour on the
morning of the day the clocks go
forward (from Greenwich
Meantime to British Summer
Time)
4.0 CONSULTATION
4.1 Closing date for representations
16th February 2026
4.2 Public Notice published in local newspaper
Licensing Sub-Committee Hearing – 16 March 2026
Part 1 – Public
28th January 2026
5.0 REPRESENTATIONS
5.1 Representations have been received from a local resident acting as an interested party and
from the North Uxbridge Residents’ Association (NURA). The resident’s representations are
attached at Appendix 2 and the representations from NURA are attached at Appendix 3.
5.2 No representations have been received from any responsible authority.
5.3 No Members’ Enquiries have been received by the licensing service for this premises.
No complaints have been received by the licensing service regarding this premises, although
it should be noted that the premises is not currently licensed.
6.0 BACKGROUND INFORMATION
6.1 Designated Premises Supervisor
The proposed Designated Premises Supervisor is Gary Egerton, who holds a Personal
Licence issued by Halton Borough Council.
6.2 A map of the area is attached at Appendix 3.
7.0 OFFICER'S OBSERVATIONS
7.1 The representations both raise similar concerns over disturbances due to the proposed
licensing hours, particularly on Sundays. Members should be aware that this premises would
be classed as a ‘large shop’ under the Sunday Trading Act 1994, which restricts the ability of
shops to physically open to the public on Sundays. These restrictions are summarised as
followed on www.gov.uk:
Rules for large shops in England and Wales
Shops over 280 square metres:
can open on Sundays but only for 6 consecutive hours between 10am and 6pm
must close on Easter Sunday
must close on Christmas Day
Shops exempt from the Sunday trading restrictions for large shops include:
airport and railway station outlets
service station outlets
registered pharmacies selling only medicinal products and medical and surgical
appliances
farms selling mainly their own produce
outlets wholly or mainly selling motor or bicycle supplies and accessories
suppliers of goods to aircraft or sea -going vessels on arrival at, or departure from, a
port, harbour or airport
exhibition stands selling goods
Licensing Sub-Committee Hearing – 16 March 2026
Part 1 – Public
The grant of a Premises Lic ence would not exempt the premises from the requirement to
trade within the Sunday trading hours restrictions. Based upon the list of exempt premises, it
would not appear that this premises would be exempt from these restrictions. Sunday trading
hours do n ot form part of the licensing regime and are not controlled by the Licensing Act
2003, but this is a relevant fact which will impact the ability of the premises to trade. The
objectors have been made aware of the Sunday trading hours restrictions and that they would
apply to this premises.
7.2 The Secretary of State’s Guidance to Licensing Authorities does state that where permitted
terminal hours differ between a Premises Licence and planning permission, the earlier closing
time must be observed or the premises would risk breaching either the licence or the planning
permission, or in this case would risk breaching the Sunday Trading Act. Officers can confirm
that no representations have been received from the Planning Authority.
7.3 The representations raise concerns over extended trading hours when compared to nearby
premises and the potential for nuisance . It is stated in the representations that the
neighbouring ALDI trades between the hours of 8am and 10pm Monday to Saturday, and
between the hours of 10am and 4pm on Sunday. Officers can confirm that t hese hours are
correct according to ALDI’s website. However, as stated in section 3.6, this store is licensed
to sell alcohol between the hours of 6am and midnight Monday to Sunday. It is for individual
premises to set their own opening hours, and they are not required to trade their maximum
licensed hours at all times . This may be because they have considered the commercial
demand for their goods and trading patterns, or because there are other legislative
requirements such as restricted hours through the planning permission for the premises or
Sunday trading hours.
7.4 Mediation has been attempted in this case. The agents for the applicant have proposed to
amend the application to seek permission to sell alcohol between the hours of 8am to 10pm
every day, including Sundays, to match the current trading hours of nearby p remises and
address the concerns raised in the representations . At the time of writing this report, no
responses have been received to this proposal. Members may wish to enquire if there has
been any development in mediation and whether any further discussions have taken place.
8.0 RELEVANT SECTIONS OF THE S182 GUIDANCE
8.1 Each application on its own merits
At paragraph 1.17 it states that “Each application must be considered on its own merits and
in accordance with the licensing authority’s statement of licensing policy; for example, if the
application falls within the scope of a cumulative impact policy. Conditions attached to
licences and certificates must be tailored to the individual type, location and characteristics
of the premises and events concerned. This is essential to avoid the imposition of
disproportionate and overly burdensome conditions on premises where there is no need for
such conditions. Standardised conditions should be avoided and indeed may be unlawful
where they cannot be shown to be appropriate for the promotion of the licensing objectives
in an individual case”.
At paragraph 1.18 it states that “When making licensing decisions, all licensing authorities
should consider the need to promote growth and deliver economic benefits”.
Licensing Sub-Committee Hearing – 16 March 2026
Part 1 – Public
At paragraph 1.19 it states that “In coming to a decision on individual licensing applications,
licensing committees should have regard to relevant local plans and strategies – such as
those relating to town planning, the night-time economy, or business support – provided these
considerations are consistent with the licensing objectives and the authority’s published
licensing policy. For example, licensing authorities in the area covered by the London Mayor
should consider the London Plan 2021 which sets out a clear framework for the development
of London over the next 20-25 years and the Mayor’s vision for Good Growth”.
8.2 Public nuisance
At paragraph 2.26 it states that “Beyond the immediate area surrounding the premises, these
are matters for the personal responsibility of individuals under the law. An individual who
engages in anti - social behaviour is accountable in their own right. However, it would be
perfectly reasonable for a licensing authority to impose a condition, following relevant
representations, that requires the licence holder or club to place signs at the exits from the
building encouraging patrons to be quie t until they leave the area, or that, if they wish to
smoke, to do so at designated places on the premises instead of outside, and to respect the
rights of people living nearby to a peaceful night”.
8.3 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 below), 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 below). Relevant
representations can be made in opposition to, or in support of, an appli cation and can be
made by any individual, body or business that has grounds to do so.”
8.4 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 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 that
representation. The subsequent hearing would then provide an opportunity for the person or
body making the representation to amplify and clarify it”.
8.5 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
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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 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 any condition would impose on the premises licence holder
(such as the financial burden due to r estrictions on licensable activities) as well as the
potential benefit in terms of the promotion of the licensing objectives. However, it is imperative
that the authority ensures that the factors which form the basis of its determination are limited
to consideration of the promotion of the objectives and nothing outside those parameters. As
with the consideration of licence variations, the licensing authority should consider wider
issues such as other conditions already in place to mitigate potential negati ve 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".
8.6 Proportionality
At paragraph 10.2 it states that “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 that “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 states that “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 ac tivities 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
Licensing Sub-Committee Hearing – 16 March 2026
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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 evidence of a right to work check,
either physical or dig ital (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 may also wish
to consider placing additional conditions on licences to safeguard patrons against spiking, if
deemed appropriate and proportionate for a specific venue where there is evidence to justify
such action (a definition of spiking can be found in para 2.7). Licensing authorities and other
responsible authorities should be alive to the indirect costs t hat 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".
8.7 Hours of Trading
At paragraph 10.13 it states that "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”.
At paragraph 10.15 it states that “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”.
8.8 Licensing Hours
At paragraph 14.51 it states that “With regard to licensing hours, the Government
acknowledges that different licensing approaches may be appropriate for the promotion of
the licensing objectives in different areas. The 2003 Act gives the licensing authority power
to make decisions regarding licensed opening hours as part of the implementation of its
licensing policy statement and licensing authorities are best placed to make such decisions
based on their local knowledge and in consultation with other responsible authorities.
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 it states that “Statements of licensing policy should set out the licensing
authority’s approach regarding licensed opening hours and the strategy it considers
appropriate for the promotion of the licensing objectives in its area. The statement of licensing
policy should emphasise the consideration which will be given to the individual merits of an
application. The Government recognises that licensed premises make an important
contribution to our local communities, and has given councils a range of tools to effectively
manage the different pressures that licensed premises can bring. In determining appropriate
strategies around licensed opening hours, licensing authorities cannot seek to restrict the
Licensing Sub-Committee Hearing – 16 March 2026
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activities of licensed premises where it is not appropriate for the promoti on of the licensing
objectives to do so”.
8.9 Planning and Building Control
At paragraph 14.66 it states that “There are circumstances when, as a condition of planning
permission, a terminal hour has been set for the use of premises for commercial purposes.
Where these hours are different to the licensing hours, the applicant must observe the earlier
closing time. Premises operating in breach of their planning permission would be liable to
prosecution under planning law. Proper integration should be assured by licensing
committees, where appropriate, providing regular reports to the planning committee”.
9.0 RELEVANT SECTIONS OF HILLINGDON’S LICENSING POLICY
9.1 Licensing Objectives – The Prevention of Public Nuisance
At paragraph 14.1 it states that “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 schedu le 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 disper sal 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 14.2 it states that “Appendix D provides a list of examples of releva nt issues
relating to
public nuisance and considerations to be made to prevent such nuisance occurring”.
At paragraph 14.7 it states that “Applications referred to the Licensing Sub -Committee will
be determined on the individual merit of each case. The L icensing Sub-Committee have the
power to impose specific conditions when considered necessary in respect of the Prevention
of Public Nuisance objective”.
9.2 Representations
At paragraph 19.2 it states that “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 residents 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 it states that “The 2003 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 t heir Ward Councillor speaks
on their behalf at public hearings to determine applications”.
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At paragraph 1 9.11 it states that “Written representations include letters and emails.
Representations received after the end of the public consultation period cann ot legally be
accepted and will not be considered by the Licensing Authority.
At paragraph 19.15 it states that “All valid representations will form part of a committee report
that will become a public document. It will be given to the applicant, their ag ent, 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”.
9.3 Licence Conditions
At paragraph 22.1 it states that “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 it states that “Conditions attached to licences by the Licensing Authority
that have been proposed by the applicant in their operating schedule should be consistent
with the steps set out in the operating schedule. This means that the effect of these conditions
should be substantially the same as that intended by the terms of the operating schedule”.
At paragraph 22.3 it states that “Any conditions attached to licences following relevant
representations will focus on matters within the control of the Premises Licence Holder or
Club Management Committees. They will address matters which have a direct impact on
those living, working or engaged in normal activities in the vicinity, as well as patrons of the
licensed premises. They will not be used as a means of attempting to attach responsibility to
Premises Licence Holders or Club Management Committees for matters outside their
reasonable 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 it states that “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 im pose these in
appropriate circumstances”.
Licensing Sub-Committee Hearing – 16 March 2026
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9.4 Licensing Hours
At paragraph 27.1 it states that “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 it states that “The aim through promotion of the licensing objectives should
be to reduce the potential for concentrations and achieve a slower dispersal of people from
licensed premises through flexible opening times”.
At paragraph 27.3 it states that “Arbitrary restrictions that would undermine the principle of
flexibility will therefore be avoided. The four licensing objectives will be paramount at all times
and the Council will always consider the individual merits of each case”.
At paragraph 27.4 it states that “In accordance with guidance there is no fixed restriction on
terminal hours for any particular areas of the borough. Such a restriction could cause the
migration of patrons from one area to another and create the circumstance s that the
legislation is attempting to avoid. Each application will be dealt with on its merits. It is for the
applicants to detail in their Operating Schedule exactly what times they intend to open and
close the premises and what measures they will take to ensure that they do not cause
nuisance or disturbance to their neighbours in the vicinity. The later the terminal hour applied
for, the greater will be the need to address the issues of disturbance and nuisance”.
At paragraph 27.5 it states that “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 of the premises are linked to disorder and or disturbance”.
10.0 LEGAL CONSIDERATIONS
10.1 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
10.2 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.
10.3 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.
10.4 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
Licensing Sub-Committee Hearing – 16 March 2026
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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
10.5 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.
10.6 Relevant representations are those that relate to the effect of the granting of the application
on the promotion of the licensing ob jectives 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.
10.7 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.
10.8 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.
10.9 Conditions will not be necessary if they dupl icate 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.
10.10 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.
10.11 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.
10.12 Section 149(7) of the Equality Act 2010 defines nine relevant protected characteristics these
are:
i. age
ii. gender reassignment
Licensing Sub-Committee Hearing – 16 March 2026
Part 1 – Public
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
10.13 Officers have provided the Sub -Committee with recommendations related to this
application. Subject to the above -mentioned factors having been properly consider ed, the
Sub-Committee may depart from the recommendations if there are good reasons for doing
so. The Sub -Committee is advised that such departures could give rise to an appeal or
judicial review.
10.14 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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