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Licensing Sub-Committee hearing – 28 May 2026
Part I - Public
Application for the grant of a Premises Licence
The Smoking Jacket, The Old Forge, Rickmansworth Road, Northwood HA6 2QN
Committee Licensing Sub-Committee
Officer Contact Licensing Officer – Austen Young - 01895 556533
Papers with report Appendix 1 - Application form and plan
Appendix 2 - Map of the location
Appendix 3 - Photographs of the premises
Appendix 4 - Residents’ representations
Appendix 5 - Applicant’s response to representations
Ward name Northwood
1.0 SUMMARY
To consider an application for the grant of a new Premises Licence in respect of The Smoking
Jacket, The Old Forge, Rickmansworth Road, Northwood HA6 2QN . The application form
and plan are appended as Appendix 1. The application has attracted representations from
local residents objecting to the application.
2.0 RECOMMENDATION
That the Licensing Sub -Committee considers this application for the grant of a new
Premises Licence in respect of The Smoking Jacket, The Old Forge, Rickmansworth
Road, Northwood HA6 2QN.
3.0 APPLICATION
3.1 Type of Application
New Premises Licence application pursuant to s.17 of the Licensing Act 2003 submitted by
A & P Mehta Limited. The application form and accompanying plan are attached at Appendix
1.
3.2 Proposed Licensable Activities
The application is seeking a licence to authorise the sale of alcohol for consumption both on
and off the premises.
3.3 Proposed Hours
Supply of Alcohol Opening Hours
Monday 10:00 – 22:30 10:00 – 23:00
Tuesday 10:00 – 22:30 10:00 – 23:00
Wednesday 10:00 – 22:30 10:00 – 23:00
Thursday 10:00 – 22:30 10:00 – 23:00
Friday 09:00 – 23:30 09:00 – 00:00
Saturday 09:00 – 23:30 09:00 – 00:00
Sunday 09:00 – 22:30 09:00 – 23:00
Licensing Sub-Committee hearing – 28 May 2026
Part I - Public
The proposed hours were amended following discussions with the Licensing Authority. The
amendments will be fully covered later in the report.
3.4 Non-Standard Timings
In addition to the standard hours proposed in paragraph 3.3, the application also reque sts
the following non-standard timings:
Christmas Eve
Sale of alcohol – until 01:00 on Christmas Day
Opening hours – until 01:00 on Christmas Day
New Year’s Eve
Sale of alcohol - until 01:00 on New Year’s Day
Opening hours – until 01:00 on New Year’s Day
3.5 Description of the Premises
The premises is a standalone commercial unit and not currently trading. The immediate
vicinity is characterised predominately by residential properties, but the property is located
near to mixed commercial, hospitality and educational properties, including a car dealership,
hand car wash, a golf club, the Grange entertainment venue , and four educational
establishments.
3.6 A map of the location is included at Appendix 2.
3.7 Photographs of the premises and the immediate surrounding area are included at Appendix
3.
3.8 Operating Schedule
Section 18 of the operating schedule of the application form at Appendix 1 demonstrates the
steps the applicant proposes to take to promote the licensing objectives.
3.9 Other Licensed Premises Nearby
Premises Licensable Activities Licensed Hours
Northwood Golf
Club
Rickmansworth
Road
Northwood
HA6 2QW
Provision of regulated
entertainment (films; live music;
recorded music; dance;
activities similar to live music,
recorded music and dance)
Provision of late-night
refreshment
Sale of alcohol by retail
Supply of alcohol to club
members
Regulated entertainment,
Monday to Saturday 11:00 to
00:00, Sunday 11:00 to 23:00
Late night refreshment, Monday
to Sunday 23:00 to 01:00
Sale of alcohol, Monday to
Sunday 11:00 to 00:00
Supply of alcohol to club
members, Monday to Saturday
11:00 to 00:00, Sunday 11:00 to
23:00
Licensing Sub-Committee hearing – 28 May 2026
Part I - Public
The Grange
Rickmansworth
Road
Northwood
HA6 2RB
Provision of regulated
entertainment (recorded music
only)
Provision of late-night
refreshment
Sale of alcohol by retail
Recorded music, Monday to
Thursday 23:00 to 23:30, Friday
and Saturday 10:00 to 00:30,
Sunday 23:00 to 23:30
Late night refreshment, Monday
to Thursday 23:00 to 23:30,
Friday and Saturday 23:00 to
00:30, Sunday 23:00 to 23:30
hours
Sale of alcohol, Monday to
Thursday 10:00 to 23:00, Friday
and Saturday 10:00 to 00:00,
Sunday 12:00 to 23:00
The Gate
Rickmansworth
Road
Northwood
HA6 2RH
Provision of late-night
refreshment
Sale of alcohol by retail
Late night refreshment, Monday
to Sunday 23:00 to 00:00
Sale of alcohol, Monday to
Sunday 10:00 to 00:00
The Three Wishes
27 Green Lane
Northwood
HA6 2PX
Provision of regulated
entertainment (live music;
recorded music; performances
of dance; activities similar to live
music, recorded music and
dance)
Provision of late-night
refreshment
Sale of alcohol by retail
Regulated entertainment, 10:00
to 00:00 Monday to Saturday,
12:00 to 00:00 Sunday
Late night refreshment, Monday
to Sunday 23:00 to 00:00
Sale of alcohol, Monday to
Saturday 10:00 to 00:00,
Sunday 12:00 to 00:00
4.0 CONSULTATION
4.1 Closing date for representations
29th April 2026
4.2 Public Notice published in local newspaper
8th April 2026
5.0 REPRESENTATIONS
5.1 Representations have been received from the following residents acting as interested parties.
The residents’ representations are attached at Appendix 4A through 4I for reference.
Licensing Sub-Committee hearing – 28 May 2026
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Appendix Name Address Grounds of Objection
4A M Addison Rickmansworth Road,
Northwood
Prevention of public
nuisance
4B R Farmery Myrtleside Close,
Northwood
Prevention of public
nuisance
4C J Kidson (on behalf of
residents of True Lovers
Court)
Waldens Road, Woking Prevention of public
nuisance
Prevention of crime and
disorder
4D M & D Sandler True Lovers Court,
Rickmansworth Road,
Northwood
Prevention of public
nuisance
4E L Stevens True Lovers Court,
Rickmansworth Road,
Northwood
Prevention of public
nuisance
4F Mr & Mrs Thakerar Rickmansworth Road,
Northwood
Prevention of public
nuisance
Prevention of crime and
disorder
4G TLC Property Company
(Northwood) Ltd
Prevention of crime and
disorder
Prevention of public
nuisance
4H P Wachtel True Lovers Court,
Rickmansworth Road,
Northwood
Prevention of public
nuisance
4I Northwood Residents’
Assocation
Prevention of public
nuisance
5.2 As part of attempted mediation in this case, comments from the applicant were forwarded to
these parties providing further details on the operation of the premises and proposed controls
on the outside areas. Where additional comments have been received from these parties in
replying to this correspondence within the consultation period, and where these comments
add to or expand upon their original representations, these have been included in addition to
their original comments.
5.3 Representations were also received from the Licensing Authority, proposing additional
controls and clarity over the steps proposed in the applicant’s operating schedule. Following
agreement to amend the application, these representations were subsequently withdrawn.
The application was amended as follows:
The alcohol hours were amended to allow for alcohol sales to cease 30 minutes before
the premises closes. The proposed hours for the sale of alcohol are now 10:00 to 22:30
Monday to Thursday, 09:00 to 23:30 Friday and Saturday, and 09:00 to 22:30 Sunday.
The proposed opening hours remain unchanged.
The following conditions were agreed to be attached to any licence granted as a result
of this application:
1. The premises licence holder shall implement and maintain a dispersal policy for
the premises. The policy shall be kept at the premises and be made available
upon request to an authorised officer of a responsible authority under the
Licensing Act 2003
Licensing Sub-Committee hearing – 28 May 2026
Part I - Public
2. Signage shall be displayed at the exit requesting that customers respect the
neighbourhood and leave quietly.
3. A staff member from the premises who is conversant with the operation of the
CCTV system shall be on the premises at all times when the premises is open.
This staff member must be able to provide a Police or authorised council officer
copies of recent CCTV images or data with the absolute minimum of delay when
requested.
4. An incident log shall be kept at the premises and made available on request to
an authorised officer of the Council or the Police. It will record the following:
(a) all crimes reported to the venue
(b) any complaints received concerning crime and disorder
(c) any incidents of disorder
(d) any faults in the CCTV system,
(e) any refusal of the sale of alcohol
(f) any visit by a relevant authority or emergency service.
5. The maximum number of persons permitted in the pergola area at any one time
shall be 12.
6. The maximum number of persons permitted in the rear garden area at any one
time shall be 12.
7. The use of all external areas (including the pergola and rear garden) for the
consumption of alcohol, or for smoking, shall cease at 22:00 hours
8. Children (persons under 18) shall be permitted to enter the internal areas of the
premises only until the hours of 20:00 when they will not be permitted. Within
the permitted hours they must be accompanied and supervised at all times by
a responsible adult.
9. Children shall not be permitted in any external smoking area at any time.
10. A Challenge 25 policy shall be operated at the premises. Any person who
appears to be under 25 years of age shall be required to produce valid
photographic identification (passport, driving licence, or PASS-accredited proof-
of-age card) before being served alcohol.
11. All staff involved in the sale of alcohol shall receive Challenge 25 training before
being permitted to make sales, and refresher training shall be provided at
intervals of no more than six months. Training records shall be kept and made
available for inspection by an authorised officer of the Council or the Police.
12. A refusals register shall be maintained at the premises, recording all instances
where the sale of alcohol has been refused on the grounds of age. The register
shall include the date, time, descri ption of the individual, and the name of the
staff member who refused the sale.
13. Challenge 25 signage shall be prominently displayed at the point of sale and at
the entrance to the premises.
5.4 Confirmation of the amended hours and agreed conditions were circulated to the residents to
keep them updated on the application.
5.5 No representations have been received from any other responsible authority.
5.6 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.
Licensing Sub-Committee hearing – 28 May 2026
Part I - Public
6.0 BACKGROUND INFORMATION
6.1 Designated Premises Supervisor
The proposed Designated Premises Supervisor is Sonal Mehta , who holds a Personal
Licence issued by the London Borough of Brent.
6.2 A map of the area is attached at Appendix 2.
7.0 OFFICER'S OBSERVATIONS
7.1 The residents’ representations raise concerns over parking arrangements at the venue, and
it is mentioned that the Council has consulted on amending the parking restrictions in the
vicinity. Officers have sought an update from the Transport and Projects team. It is confirmed
that a consultation on proposals to review the parking restrictions was undertaken between
17th October and 8th November 2025, with objections to these proposals being received. As
a result of the objections, another consultation was conducted on amended proposals
between 18th February and 11th March 2026. At the time of writing this report, no decision has
been made on these proposals, and the results of the consultation are due to be considered
in a report to the Cabinet Member.
7.2 Regardless of the outcome of the consultation, officers would advise that , where parking
restrictions apply, any member of the public who decides on their own accord to park on
yellow lines when they are in force commits an offence and the individual would be
responsible for their own actions. The s182 Guidance also states that beyond the immediate
area surrounding the premises, these are matters for the personal responsibility of individuals
under the law and a ny individual who engages in anti - social behaviour , or in this case
contravening parking restrictions, is accountable in their own right.
7.3 Some of the representations mention the possibility of a covenant applying to the land which
may restrict the use of the land for commercial purposes. Officers must advise that this is not
a matter which can be taken into consideration when determining a licensing application. It
has not been confirmed that such a covenant does apply to the land or not, but even should
such a covenant exist, restrictive covenants are private matters between t he landowner and
the person who benefits from the covenant.
7.4 The representations contain comments regarding music and the mention of playing music in
the application. Officers can confirm that the application is not requesting permission to offer
the licensable activity of regulated entertainment , which would include the provision of live
and recorded music.
7.5 The Sub-Committee will be aware that, following deregulation, no licence is required to play
music in the following circumstances (as stated in the s182 Guidance);
• Live music: no licence permission is required for:
– a performance of unamplified live music between 08.00 and 23.00 on any day, on
any premises.
– a performance of amplified live music between 08.00 and 23.00 on any day on
premises authorised to sell alcohol for consumption on those premises, provided that
the audience does not exceed 500.
– a performance of amplified live music between 08.00 and 23.00 on any day, in a
workplace that does not have a licence, provided that the aud ience does not exceed
500.
Licensing Sub-Committee hearing – 28 May 2026
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• Recorded Music: no licence permission is required for:
– any playing of recorded music between 08.00 and 23.00 on any day on premises
authorised to sell alcohol for consumption on those premises, provided that the
audience does not exceed 500.
7.6 There is also no licence required for the playing of live music or recorded music where such
music is incidental to another activity which is not itself a description of entertainment falling
within paragraph 2 of Schedule1 of the Licensing Act 2003. This music may also be referred
to as background music.
7.7 Officers can confirm that the residents who raised concerns over music have been advised
of the automatic rights of the premises with regards to the playing of music. The automa tic
right to provide music can be removed or curtailed through a licence review should the
operation of the venue undermine the licensing objectives, but it is not something which can
removed or restricted upon the initial application for a premises licence.
7.8 The representations also raise concerns over the availability and sale of tobacco products.
The Sub-Committee is reminded that this is an application for a Premises Licence under the
Licensing Act 2003 regarding the sale of alcohol. There is currently no licence available for
the sale of tobacco products, although the Tobacco and Vapes Act 2026, which has recently
received Royal Assent, may introduce a separate licensing regime for tobacco and vaping
products.
7.9 The representations also query if planning permission is required for the use of the premises.
It is possible for a premises to apply for a licence without relevant planning permission being
in place, and vice -versa, because there is no requirement for such applications to be
submitted jointly. If a separate planning application is required, it may be submitted later.
Businesses are required to ensure that they hold all appropriate licences and planning
permissions before operating their business. The s182 Guidance also confirms that where a
planning permission and a licence differ in their hours or conditions, any breach of a licence
or planning permission may result in enforcement action as required. The Council’s Planning
Service were consulted on this application as a statutory res ponsible authority, and no
comments were received from Planning in response to this application.
7.10 Mediation has been attempted in this case as can be seen in some of the additional
comments received from the residents. The applicant’s comments, which were circulated to
the residents who submitted representations, are attached at Appendix 5. These have been
included because, within these comments, a condition was proposed which would require
that all alcohol consumed by p atrons outside of the premises within licensed external areas
shall be consumed by patrons seated within the designated seating areas. Where responses
have been received, this condition has not been accepted as satisfactor ily addressing the
concerns raised in the representations. There have been no further developments with
regards to mediation.
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
Licensing Sub-Committee hearing – 28 May 2026
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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”.
At paragraph 1.19 it states that “In coming to a decision on individual licensing applications,
licensing committees should h ave 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 Crime and disorder
At paragraph 2.3 it states that “Conditions should be targeted on deterrence and preventing
crime and disorder including the prevention of illegal working in licensed premises (see
paragraph 10.10). For example, where there is good reason to suppose that disorder may
take place, the presence of closed -circuit television (CCTV) cameras both inside and
immediately outside the premises can actively deter disorder, nuisance, anti-social behaviour
and crime generally. Some licence holders may wi sh to have cameras on their premises for
the prevention of crime directed against the business itself, its staff, or its customers. But any
condition may require a broader approach, and it may be appropriate to ensure that the
precise location of cameras i s set out on plans to ensure that certain areas are properly
covered and there is no subsequent dispute over the terms of the condition”.
8.3 Public nuisance
At paragraph 2.20 it states that “The 2003 Act enables licensing authorities and responsible
authorities, through representations, to consider what constitutes public nuisance and what
is appropriate to prevent it in terms of conditions attached to specific premises licenc es and
club premises certificates. It is therefore important that in considering the promotion of this
licensing objective, licensing authorities and responsible authorities focus on the effect of the
licensable activities at the specific premises on perso ns living and working (including those
carrying on business) in the area around the premises which may be disproportionate and
unreasonable. The issues will mainly concern noise nuisance, light pollution, noxious smells
and litter”.
At paragraph 2.21 it states that “Public nuisance is given a statutory meaning in many pieces
of legislation. It is however not narrowly defined in the 2003 Act and retains its broad common
law meaning. It may include in appropriate circumstances the reduction of the living and
working amenity and environment of other persons living and working in the area of the
licensed premises. Public nuisance may also arise as a result of the adverse effects of
artificial light, dust, odour and insects or where its effect is prejudicial to health”.
At paragraph 2.22 it states that “Conditions relating to noise nuisance will usually concern
steps appropriate to control the levels of noise emanating from premises. This might be
achieved by a simple measure such as ensuring that doors and wind ows are kept closed
after a particular time, or persons are not permitted in garden areas of the premises after a
certain time. More sophisticated measures like the installation of acoustic curtains or rubber
Licensing Sub-Committee hearing – 28 May 2026
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speaker mounts to mitigate sound escape from the premises may be appropriate. However,
conditions in relation to live or recorded music may not be enforceable in circumstances
where the entertainment activity itself is not licensable (see chapter 16). Any conditions
appropriate to promote the prevention of public nuisance should be tailored to the type, nature
and characteristics of the specific premises and its licensable activities. Licensing authorities
should avoid inappropriate or disproportionate measures that could deter events that are
valuable to the community, such as live music. Noise limiters, for example, are expensive to
purchase and install and are likely to be a considerable burden for smaller venues”.
At paragraph 2.23 it states that “As with all conditions, those relating to noise nuisance may
not be appropriate in certain circumstances where provisions in other legislation adequately
protect those living in the area of the premises. But as stated earlier in this Guidance, the
approach of licensing authorities and responsible authorities should be one of prevention and
when their powers are engaged, licensing authorities should be aware of the fact that other
legislation may not adequately cover concerns raised in relevant representations and
additional conditions may be appropriate”.
At paragraph 2.24 it states that “Where applications have given rise to representations, any
appropriate conditions should normally focus on the most sensitive periods. For example, the
most sensitive period for people being disturbed by unreasonably loud music is at night and
into the early morning when residents in adjacent properties may be attempting to go to sleep
or are sleeping. This is why there is still a need for a licence for performances of live music
between 11 pm and 8 am. In certain circumsta nces, conditions relating to noise emanating
from the premises may also be appropriate to address any disturbance anticipated as
customers enter and leave”.
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 quiet 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”.
8.4 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 n ot frivolous or vexatious (see paragraphs 9.4 to 9.10 below). 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.”
8.5 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
Licensing Sub-Committee hearing – 28 May 2026
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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”.
8.6 Determining actions that are appropriate for the promotion of the licensing objectives
At paragraph 9.42 it states that " Licensing authorities are best placed t o 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 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 restrictions 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 cons ider 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".
8.7 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.”
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At paragraph 10.8 it states that “The licen sing 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 appli es 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 activities taking place at the
premises concerned. Conditions should be determined on a case -by-case basis and
standardised conditions wh ich 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 o n all
staff employed at the licensed premises or requiring that evidence 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 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 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".
8.8 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”.
8.9 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
Licensing Sub-Committee hearing – 28 May 2026
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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 ma ke 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 individua l 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
activities of licensed premises where it is not appropriate for the promotion of the licensing
objectives to do so”.
8.10 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 integratio n 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 Crime and Disorder
At paragraph 12.1 it states that “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 allevi ate representations being
made once an application is submitted. Full contact details for both are contained within the
Responsible Authorities contact in Appendix F”.
At paragraph 12.3 it states that “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 whil st in their premises
and in the vicinity of their premises”.
At paragraph 12.4 it states that “When addressing crime and disorder, the applicant should
identify any particular issues that are likely to affect adversely the promotion of the crime and
disorder objective. They should then include in the operating schedule how they will deal with
those matters”.
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At paragraph 12.5 it states that “Operating schedules should then show how they will
address the issues identified. Further guidance on these measures is contained in Appendix
B”.
At paragraph 12.6 it states that “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”.
9.2 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 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 14.2 it states that “Appendix D provides a list of examples of relevant issues
relating to
public nuisance and considerations to be made to prevent such nuisance occurring”.
At paragraph 14.3 it states that “Applicants should give particular consideration to measures
to reduce the occurrence of public nuisance associated with accommodating smokers outside
the premises following the introduction of smoke free areas in enclosed or substantially
enclosed places”.
At paragraph 14.4 it states that “In relation t o smoking outside licensed premises, it is
expected that:
• Suitable receptacles for customers will be provided and maintained to dispose of
cigarette litter in areas used, or likely to be used, for smoking
• Licensees will take all reasonable steps to discourage smoking on the public highway
close to residential premises, particularly after 10pm. This could include measures
such as a ban on customers taking drinks outside on to the public highway, the use of
door supervisors, or imposing a time after which re-admissions to the premises will not
be permitted
• Garden areas are to be cleared at a reasonable time where not doing so could cause
nuisance to neighbouring residents.
• Appropriate signage is to be displayed prominently at the premises”.
At paragraph 14.5 it states that “Where an application includes provision of a smoking shelter
then the Licensing Authority strongly advises that the applicant includes measures in their
operating schedule to fully address any potential disturbance to neighbouring resi dential
premises. The shelter shall be fully compliant with Smoke Free legislation”.
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 Licensing Sub -Committee have the
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power to impose specific conditions when considered necessary in respect of the Prevention
of Public Nuisance objective”.
9.3 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 their Ward Councillor speaks
on their behalf at public hearings to determine applications”.
At paragraph 1 9.11 it states that “Written representations include letters and emails.
Representations received after the end of the public consultation period cannot le gally be
accepted and will not be considered by the Licensing Authority.
At paragraph 19.12 it states that “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.
Representations which do not meet this requirement may be rejected as being irrelevant or
frivolous or vexatious”.
At paragraph 19.13 it states that “For borderline cases, the Licensing Authority shall give the
benefit of doubt to the person making the representation”.
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 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”.
9.4 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 b een 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”.
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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 C ommittees 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 impose these in
appropriate circumstances”.
9.5 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
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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
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 objectives made by an interested party or responsible
authority that have not been withdrawn and are not, in the opinion of the relevan t 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 l icensing 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 duplicate a current statutory requirement. The
Licensing 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:
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i. Eliminate discrimination harassment, victimisati on 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 pr otected 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
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 hav ing 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.
10.14 Interested parties, Respo nsible 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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