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Licensing Sub-Committee hearing – 5 November 2026
Part I - Public
Application for the review of a Premises Licence: Venue 5, 446 Field End Road, Ruislip, HA4 9PB
Committee Licensing Sub-Committee
Officer Contact David Butler - Licensing Officer
Papers with report Appendix 1 - Review application
Appendix 2 - Representations from Interested Parties
Ward name Eastcote
1.0 SUMMARY
To consider an application for a review of a premises licence pursuant to Section
51 of the Licensing Act 2003 in respect of Venue 5. 446 Field End Road, Eastcote,
HA4 9PB. The review is brought by The Licensing Authority on the grounds that the
premises are undermining the licensing objective of the prevention of public
nuisance.
2.0 RECOMMENDATION
That the Licensing Sub -Committee consider this application for the review of the
premises licence and any relevant representations and takes such steps as it
considers appropriate for the promotion of the licensing objectives. The steps
available to the Sub-Committee are detailed later in this report.
3.0 APPLICATION
3.1 Type of application
An application under Section 51 of the Licensing Act 2003 for a review of the
premises licence for Venue 5. 446 Field End Road, Eastcote, HA4 9PB. submitted
by the Licensing Authority of the council as a responsible authority under the Act.
The review has been brought on the grounds that the premises are undermining the
licensing objective of the prevention of public nuisance. The review has been
brought following continuing problems associated with late -night noise, poor
dispersal management, external cong regation/loitering, and extractor fan noise
affecting residents.
3.2 A copy of the review application, including supporting documents, is attached at
Appendix 1.
4.0 BACKGROUND INFORMATION
4.1 Description of premises
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The premises is operated as a restaurant, bar and events venue. located on a
busy through road between South Ruislip and Eastcote. with residential properties
to the side and rear of the premises.
4.2 A map of the location can be found within the review application.
4.3 Authorised licensable activities
The premises is currently licensed for:
The Sale of Alcohol by Retail
Monday to Sunday 10.00 hours to 02.00 hours the
following day New Year’s Eve between 10.00 and
10.00 hours the following day
Regulated entertainment
Monday to Sunday 10.00 hours to 02.00 hours the
following day New Year’s Eve between 10.00 and
10.00 hours the following day
Late Night Refreshment
Monday to Sunday 23.00 hours to 02.30 hours the following day
The full copy of the current premises licence is attached within the review
application.
4.4 Premises licence holder
The current licence is held by Venue 5 Ltd 446 Field End Road Eastcote HA4 9PB
4.5 Designated premises supervisor
The designated premises supervisor is named as Mr. Kamlesh Patel and they
have been Personal Licence Holder since April 2019.
5.0 CONSULTATION
5.1 Closing date for representations
8 October 2026.
5.2 Consultation
The review application was served on the licence holder and responsible
authorities, Thursday the 10 th September 2026. Physical notices advertising the
review were put on display on the perimeter wall and front window of the premises
and in addition, a further notice was placed on a Hillingdon Street Lamppost outside
the premises. A notice was also placed on the public noticeboard at the Civic Centre.
All notices were displayed on the 11th September 2026, being the next working day,
and a copy of the notice was published on the council’s website on the 10 th
September 2026. The Ward Councillors were notified of the application on the 10th
September 2026.
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6.0 REPRESENTATIONS
6.1 Responsible authorities
The Review is being brought by the Licensing Authority.
6.2 No representations have been received from any other responsible authority. For
transparency, officers can confirm that the Home Office Immigration Enforcement
and the London Fire Authority have both respond confirming that they had no
comment to make.
6.3 Licensing Authority
The Licensing Authority has initiated this review and invites the Sub -Committee to
consider the additional measures and conditions set out within the review
application as potential options to promote and uphold the licensing objectives.
6.4 Other person
There have been three representations received from other persons. And are
attached as Appendix 2 a-c
6.5 No Members Enquiries have been received by the licensing service for this
premises.
6.6 Numerous complaints have been received by the residents to the Licensing
Authority regarding this premises since Kamlesh Patel has been the DPS at the
premises. These have been evidenced in the review application.
7.0 OFFICER'S OBSERVATIONS
7.1 The review has been submitted on the grounds that the operation of the premises
has undermined the licensing objective of the prevention of public nuisance. The
Licensing Authority notes that reports of disturbance have continued since its
involvement in October 2024, indicating that the existing management
arrangements have not been consistently effective in preventing nuisance.
Concerns have been compounded by the inconsistent implementation of measures
agreed with residents and the Licensing Authority. As detailed within the review
application, the Licensing Authority's confidence in the current management's ability
to achieve sustained improvement has been significantly reduced and, in the
absence of clear and enforceable controls, there remains a risk of further incidents
of public nuisance. The Sub -Committee must determine the review regarding the
promotion of the licensing objectives and the extent of any risk posed by the
premises, having regard to the relevant provisions of the Statutory Guidance
referred to later in this report.
7.2 A licence review is not designed to be a tool to punish a premises. The Sub-
Committee must, having regard to the application and any relevant representations,
take such steps (if any) as it considers appropriate for the promotion of the licensing
objectives. The possible steps are:
to take no further action
to modify the conditions of the premises licence
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to exclude a licensable activity from the scope of the licence
to remove the designated premises supervisor
to suspend the licence for a period not exceeding three months; and/or
to revoke the licence.
7.3 The Sub -Committee does have the option to suspend the premises licence. A
period of suspension may be a useful tool to give time to complete training, be this
refresher training or new training, to implement licence conditions, to make changes
to staff or staffing levels, or implement other relevant changes at the premises. Any
suspension should not be purely punitive in nature, and if a suspension is considered
the Sub-Committee may wish to state that is to be achieved during the suspension
period for the benefit of all parties and confirming to the licence holder what action
they are required to take. The intended aims could be confirmed through the
reasons for the decision.
7.4 As part of this review application, the Licensing Authority have suggested that
additional licence control amended hours, or other statutory steps are requi red to
promote the prevention of public nuisance. Having considered the residents’
evidence, Council records, the premises licence, management responses and the
effectiveness of the measures attempted to date, it is the Licensing Authority’s view
that review proceedings are appropriate.
7.5 All parties are reminded that the decision of the Sub-Committee will not take effect
until either the appeal period has expired, which is 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, or until any appeal submitted in respect of this
application is determined or withdrawn.
7.6 Officers can advise that, since the submission of the review application,
communications have taken place between the Licensing Authority and the
Premises Licence Holder’s legal representative. No direct correspondence has
been received from the Premises Licence Holder. Members are reminded that there
is no obligation upon a Premises Licence Holder to contact the Licensing Authority
in response to a review application. The Premises Licence Holder retains the right
to attend the hearing before the Licensing Sub -Committee and present oral and
written representations in support of their case.
8.0 RELEVANT SECTIONS OF S.182 GUIDANCE
8.1 Each application on its own merits
Paragraph 1.17 states “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 licen ces 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
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shown to be appropriate for the promotion of the licensing objectives in an individual
case”.
Paragraph 1.18 states “When making licensing decisions, all licensing authorities
should consider the need to promote growth and deliver economic benefits”.
Paragraph 1.19 states “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 Crime and disorder
Paragraph 2.3 states “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 wish
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
is set out on plans to ensure that certain areas are properly covered and there is no
subsequent dispute over the terms of the condition”.
Paragraph 2.5 states “Conditions relating to the management competency of
designated premises supervisors should not normally be attached to premises
licences. It will normally be the responsibility of the premises licence holder as an
employer, and not the licensing authority, to ensure that the managers appointed
at the premises are competent and appropriately trained. The designated premises
supervisor is the key person who will usually be responsible for the day to day
management of the premises by the premises licence holder, including the
prevention of disorder. A condition of this kind may only be justified as appropriate
in rare circumstances where it can be demonstrated that, in the circumstances
associated with particular premises, poor management competency could give rise
to issues of crime and disorder and public safety”.
8.3 Licensing authorities acting as responsible authorities
Paragraph 9.13 states “Licensing authorities are included in the list of responsible
authorities. A similar framework exists in the Gambling Act 2005. The 2003 Act does
not require responsible authorities to make representations about applications for
the grant of premis es licences or to take any other steps in respect of different
licensing processes. It is, therefore, for the licensing authority to determine when it
considers it appropriate to act in its capacity as a responsible authority; the licensing
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authority should make this decision in accordance with its duties under section 4 of
the 2003 Act”.
Paragraph 9.17 states “In cases where a licensing authority is also acting as
responsible authority in relation to the same process, it is important to achieve a
separation of responsibilities within the authority to ensure procedural fairness and
eliminate conflicts of interest. In such cases licensing determinations will be made
by the licensing commit tee or sub committee comprising elected members of the
authority (although they are advised by a licensing officer). Therefore, a separation
is achieved by allocating distinct functions (i.e. those of licensing authority and
responsible authority) to different officials within the authority”
Paragraph 9.18 states “In these cases, licensing authorities should allocate the
different responsibilities to different licensing officers or other officers within the
local authority to ensure a proper separation of responsibilities. The officer advising
the licensing committee (i.e. the authority acting in its capacity as the licensing
authority) must be a different person from the officer who is acting for the
responsible authority. The officer acting for the responsible authority should not be
involved in the licensing decision process and should not discuss the merits of the
case with those involved in making the determination by the licensing authority. For
example, discussion should not take place between the officer acting as responsible
authority and the officer handling the licence application regarding the merits of the
case. Communication between these officers in relation to the case should remain
professional and consistent with communication with other responsible authorities.
Representations, subject to limited exceptions, must be made in writing. It is for the
licensing authority to determine how the separate roles are div ided to ensure an
appropriate separation of responsibilities. This approach may not be appropriate for
all licensing authorities and many authorities may already have processes in place
to effectively achieve the same outcome”.
8.4 Determining actions that are appropriate for the promotion of the licensing
objectives
Paragraph 9.42 states " Licensing authorities are best placed to determine what
actions are appropriate for the promotion of the licensing objectives in their areas.
All licensing determinations should be considered on a case-by-case basis. They
should take into account any representations or objections that have been received
from responsible authorities or other persons, and representations made by the
applicant or premises user as the case may be".
Paragraph 9.43 states " 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".
Paragraph 9.44 states " 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
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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 negative
impact on the promotion of the licensing objectives and the track record of the
business. Further advice on determini ng 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".
8.5 Proportionality
Paragraph 10.2 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”.
Paragraph 10.8 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”.
Paragraph 10.9 states “It is possible that in some cases no additional conditions
will be appropriate to promote the licensing objectives”.
Paragraph 10.10 states " 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 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
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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".
8.6 The review process
Paragraph 11.1 states “The proceedings set out in the 2003 Act for reviewing
premises licences and club premises certificates represent a key protection for the
community where problems associated with the licensing objectives occur after the
grant or variation of a premises licence or club premises certificate”.
Paragraph 11.2 states “At any stage, following the grant of a premises licence or
club premises certificate, a responsible authority, or any other person, may ask the
licensing authority to review the licence or certificate because of a matter arising at
the premises in connection with any of the four licensing objectives”.
Paragraph 11.3 states “An application for review may be made electronically,
provided that the licensing authority agrees and the applicant submits a subsequent
hard copy of the application, if the licensing authority requires one. The licensing
authority may also agree in advance that the application need not be given in hard
copy. However, these applications are outside the formal electronic application
process and may not be submitted via GOV.UK or the licensing authority’s
electronic facility. The applicant must give notice of the review application to the
responsible authorities and holder of the licence or certificate. The licensing authority
is required to advertise a review application”.
Paragraph 11.5 states “Any responsible authority under the 2003 Act may apply
for a review of a pr emises licence or club premises certificate. Therefore, the
relevant licensing authority may apply for a review if it is concerned about licensed
activities at premises and wants to intervene early without waiting for
representations from other persons. However, it is not expected that licensing
authorities should normally act as responsible authorities in applying for reviews on
behalf of other persons, such as local residents or community groups. These
individuals or groups are entitled to apply for a review for a licence or certificate in
their own right if they have grounds to do so. It is also reasonable for licensing
authorities to expect other responsible authorities to intervene where the basis for
the intervention falls within the remit of that other authority. For example, the police
should take appropriate steps where the basis for the review is concern about crime
and disorder or the sexual exploitation of children. Likewise, where there are
concerns about noise nuisance, it is reasonable to expect the local authority
exercising environmental health functions for the area in which the premises are
situated to make the application for review”.
Paragraph 11.6 states “Where the relevant licensing authority does act as a
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responsible authority and applies for a review, it is important that a separation of
responsibilities is still achieved in this process to ensure procedural fairness and
eliminate conflicts of interest. As outlined previously in Chapter 9 of this Guidance,
the distinct functions of acting as licensing authority and responsible
authority should be exercised by different officials to ensure a separation of
responsibilities. Further information on how licensing authorities should achieve this
separation of responsibilities can be found in Chapter 9 of this Guidance”.
Paragraph 11.7 states “In every case, any application for a review must relate to
particular premises in respect of which there is a premises licence or club premises
certificate and must be relevant to the promotion of one or more of the licensing
objectives. Following the grant or variation of a licence or certificate, a complaint
regarding a general issue in the local area relating to the licensing objectives, such
as a general (crime and disorder) situation in a town centre, should generally not be
regarded as relevant unless it can be positively tied or linked by a causal connection
to particular premises, which would allow for a proper review of t he licence or
certificate. For instance, a geographic cluster of complaints, including along
transport routes related to an individual public house and its closing time, could give
grounds for a review of an existing licence as well as direct incidents of crime and
disorder around a particular public house”.
Paragraph 11.8 states “Where a licensing authority receives a geographic cluster
of complaints, consideration may be given as whether these issues are the result of
the cumulative impact of licensed premises within the area concerned. In such
circumstances, the licensing authority may be asked to consider whether it would
be appropriate to publish a cumulative impact assessment. Further guidance on
cumulative impact assessments can be found in Chapter 14 of this Guidance”.
Paragraph 11.9 states “Responsible authorities and other persons may make
representations in respect of an application to review a premises licence or club
premises certificate. They must be relevant (i.e., relate to one or more of the
licensing objectives) and, in the case of other persons, must not be frivolous or
vexatious. Representations must be made in writing and may be amplified at the
subsequent hearing or may stand in their own right. Additional representations
which do not amount to an amplification of the original representation may not be
made at the hearing. Representations may be made electronically, provided the
licensing authority agrees and the applicant submits a subsequent hard copy,
unless the licensing authority waives this requirement”.
Paragraph 11.10 states “Where authorised persons and responsible authorities
have concerns about problems identified at premises, it is good practice for them to
give licence holders early warning of their concerns and the need for improvement,
and where possible they should advise the licence or certificate holder of the steps
they need to take to address those concerns. A failure by the holder to respond to
such warnings is expected to lead to a decision to apply for a review. Co-operation
at a local level in promoting the licensing objectives should be encouraged and
reviews should not be used to undermine this co-operation”.
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Paragraph 11.15 states “When a licensing authority receives an application for a
review from a responsible authority or any other person, or in accordance with the
closure procedures described in Part 8 of the 2003 Act (for example, closure orders),
it must arrange a hearing. The arrangements for the hearing must follow the
provisions set out in regulations. These regulations are published on the
Government’s legislation website ( www.legislation.gov.uk). It is particul arly
important that the premises licence holder is made fully aware of any
representations made in respect of the premises, any evidence supporting the
representations and that the holder or the holder’s legal representative has
therefore been able to prepare a response”.
8.7 Powers of a licensing authority on the determination of a review
Paragraph 11.16 states “The 2003 Act provides a range of powers for the licensing
authority which it may exercise on determining a review where it considers them
appropriate for the promotion of the licensing objectives”.
Paragraph 11.17 states “The licensing authority may decide that the review does
not require it to take any further steps appropriate to promoting the licensing
objectives. In addition, there is nothing to prevent a licensing authority issuing an
informal warning to the licence holder and/or to recommend improvement within a
particular period of time. It is expected that licensing authorities will regard such
informal warnings as an important mechanism for ensuring that the licensing
objectives are effectively promoted and that warnings should be issued in writing to
the licence holder”.
Paragraph 11.18 states “However, where responsible authorities such as the police
or environmental health officers have already issued warnings requiring
improvement – either orally or in writing – that have failed as part of their own
stepped approach to address concerns, licensing authorities should not merely
repeat that approach and should take this into account when considering what
further action is appropriate. Similarly, licensing authorities may take into account
any civil immigration penalties which a licence holder has been required to pay for
employing an illegal worker”.
Paragraph 11.19 states “Where the licensing authority considers that action under
its statutory powers is appropriate, it may take any of the following steps:
• modify the conditions of the premises licence (which includes adding new
conditions or any alteration or omission of an existing condition), for example,
by reducing the hours of opening or by requiring door supervisors at
particular times;
• exclude a licensable activity from the scope of the licence, for example, to
exclude the performance of live music or playing of recorded music (where
it is not within the incidental live and recorded music exemption)
• remove the designated premises supervisor, for example, because they
consider that the problems are the result of poor management;
• suspend the licence for a period not exceeding three months;
• revoke the licence”.
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Paragraph 11.20 states “In deciding which of these powers to invoke, it is expected
that licensing authorities should so far as possible seek to establish the cause or
causes of the concerns that the representations identify. The remedial action taken
should generally be directed at these causes and should always be no more than
an appropriate and proportionate response to address the causes of concern that
instigated the review”.
Paragraph 11.21 states “For example, licensing authorities should be alive to the
possibility that the removal and replacement of the designated premises supervisor
may be sufficient to remedy a problem where the cause of the identified problem
directly relates to poor management decisions made by that individual”.
Paragraph 11.22 states “Equally, it may emerge that poor management is a direct
reflection of poor company practice or policy and the mere removal of the
designated premises supervisor may be an inadequate response to the problems
presented. Indeed, where subsequent review hearings are generated, it should be
rare merely to remove a succession of designated premises supervisors as this
would be a clear indication of deeper problems that impact upon the licensing
objectives”.
Paragraph 11.23 states “Licensing authorities should also note t hat modifications
of conditions and exclusions of licensable activities may be imposed either
permanently or for a temporary period of up to three months. Temporary changes or
suspension of the licence for up to three months could impact on the business
holding the licence financially and would only be expected to be pursued as an
appropriate means of promoting the licensing objectives or preventing illegal
working. So, for instance, a licence could be suspended for a weekend as a means
of deterring the holder from allowing the problems that gave rise to the review to
happen again. However, it will always be important that any detrimental financial
impact that may result from a licensing authority’s decision is appropriate and
proportionate to the promotion of the licensing objectives and for the prevention of
illegal working in licensed premises. But where premises are found to be trading
irresponsibly, the licensing authority should not hesitate, where appropriate to do
so, to take tough action to tackle the problems at the premises and, where other
measures are deemed insufficient, to revoke the licence”.
8.8 Reviews arising in connection with crime
Paragraph 11.24 states “A number of reviews may arise in connection with crime
that is not directly connected with licensable activities. For example, reviews may
arise because of drugs problems at the premises, money laundering by criminal
gangs, the sale of contraband or stolen goods, the sale of firearms, or the sexual
exploitation of children. Licensing authorities do not have the power to judge the
criminality or otherwise of any issue. This is a matter for the courts. The licensing
authority’s role when determining such a review is not therefore to establish the guilt
or innocence of any individual but to ensure the promotion of the crime prevention
objective”.
Paragraph 11.25 states “Reviews are part of the regulatory process introduced by
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the 2003 Act and they are not part of criminal law and procedure. There is,
therefore, no reason why representations giving rise to a review of a premises
licence need be delayed pending the outcome of any criminal proceedings. Some
reviews will arise after the conviction in the criminal courts of certain individuals, but
not all. In any case, it is for the licensing authority to determine whether the
problems associated with the alleged crimes are taking place on the premises and
affecting the promotion of the licensing objectives. Where a review follows a
conviction, it would also not be for the licensing authority to attempt to go beyond
any finding by the courts, which should be treated as a matter of undisputed
evidence before them”.
Paragraph 11.26 states “Where the licensing authority is conducting a review on the
grounds that the premises have been used for criminal purposes, its role is solely
to determine what steps should be taken in connection with the premises licence,
for the promotion of the crime prevention objective. It is important to recognise that
certain criminal activity or associated problems may be taking place or have taken
place despite the best efforts of the licence holder and the staff working at the
premises and despite full compliance with the conditions attached to the licence. In
such circumstances, the licensing authority is still empowered to take any
appropriate steps to remedy the problems. The licensing authority’s duty is to take
steps with a view to the promotion of the licensing objectives and the prevention of
illegal working in the interests of the wider community and not those of the individual
licence holder”.
Paragraph 11.27 states “There is certain criminal activity that may arise in
connection with licensed premises which should be treated particularly seriously.
These are the use of the licensed premises:
• for the sale and distribution of drugs controlled under the Misuse of Drugs
Act 1971 and the laundering of the proceeds of drugs crime;
• for the sale and distribution of illegal firearms;
• for the evasion of copyright in respect of pirated or unlicensed films and
music, which does considerable damage to the industries affected;
• for the illegal purchase and consumption of alcohol by minors which
impacts on the health, educational attainment, employment prospects and
propensity for crime of young people;
• for prostitution or the sale of unlawful pornography;
• by organised groups of paedophiles to groom children;
• as the base for the organisation of criminal activity, particularly by gangs;
• for the organisation of racist activity or the promotion of racist attacks;
• for employing a person who is disqualified from that work by reason of their
immigration status in the UK;
• for unlawful gambling; and
• for the sale or storage of smuggled tobacco and alcohol”.
Paragraph 11.28 states “It is envisaged that licensing authorities, the police, the
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Home Office (Immigration Enforcement) and other law enforcement agencies,
which are responsible authorities, will use the review procedures effectively to deter
such activities and crime. Where reviews arise and the licensing authority
determines that the crime prevention objective is being undermined through the
premises being used to further crimes, it is expected that revocation of the licence
– even in the first instance – should be seriously considered”.
9.0 RELEVANT SECTIONS OF HILLINGDON’S LICENSING POLICY
9.1 Licensing Objectives – The Prevention of Crime and Disorder
Paragraph 12.1 states “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 F”.
Paragraph 12.6 states “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”.
Paragraph 12.9 states “When making decisions about an application the Licensing
Sub-Committee will have regard to the Borough’s Crime Prevention Strategy and
any conditions attached to licences or certificates will so far as possible reflect local
crime prevention strategies”.
Paragraph 12.10 states “High risk or poorly managed premises will be subject to a
higher frequency of inspections than low risk and well managed premises. Some of
these inspections will be unannounced and conducted whilst the premises are in
use for the purpose of the licence”.
9.2 Licensing Objectives – The Protection of Children from Harm
Paragraph 15.8 states “It is recognised that the Mandatory Conditions attached to
premises licences where alcohol is sold/supplied must have in place an age
verification scheme. The Licensing Authority would normally expect this scheme to
include a challenge for photo identification to all persons who appear to be under
the age of 25 years, i.e. 'Challenge 25'”.
Paragraph 15.14 states “The Licensing Authority will expect that each operator
dealing in the sale and supply of alcohol implements a proof of age policy in line
with the Mandatory Licence conditions. The Licensing Authority expects premises
licence holders to ensure that their staff are adequately trained and in every case
where there is any doubt as to whether the customer is aged eighteen or over
operate on a ‘No ID, No sale’ basis”.
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Paragraph 15.15 states “It is expected that all refusals of alcohol shall be recorded
by the operator in a Refusal or Incident Log. This Log should be made available for
inspection to a Police Officer or authorised officer from the Local Authority when
requested”.
9.3 Licence Conditions
Paragraph 22.1 states “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”.
Paragraph 22.2 states “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”.
Paragraph 22.3 states “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”.
Paragraph 22.4 states “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”.
9.4 Reviews
Paragraph 24.1 states “At any stage following the grant of a premises licence or a
club premises certificate, an application for a review application can be submitted
to the Licensing Authority by a Responsible Authority, any Elected Member or an
Interested Party in connection with any of the four licensing objectives”.
Paragraph 24.2 states “The Council, as Licensing Authority, will reject an
application for review where it considers that the complaint is:
Not relevant to any of the Licensing Objectives
Vexatious, frivolous or repetitious.”
Paragraph 24.3 states “The Licensing Authority will be prepared to facilitate
mediation between the licensee and those who may be intending to review the
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licence, depending upon the severity of the individual circumstances”.
Paragraph 24.4 states “It is recommended that applications for review of premises
licences are not made until at least six months after the grant of a licence in order
to allow time for evidence to be gathered on the grounds for review”.
Paragraph 24.5 states “Premises subject to review must display a statutory notice
so that it is visible to passers-by, stating the ground for review and advising those
who wish to make a representation to write to the Licensing Authority”.
Paragraph 24.6 states “The Licensing Authority will also publish similar notices on
the Council’s website”.
9.5 Prevention of Crime and Disorder
Appendix B of the Statement of Licensing Policy states “Examples of measures
to prevent crime and disorder which applicants are encouraged to give when
completing their Operating Schedules:
Installing CCTV – The presence of CCTV cameras can be an important
means of deterring crime both inside and outside of the premises. It can also
help to provide valuable evidence in the event that an incident does occur.
CCTV should be maintained in good working order and used at all times with
a thirty-one-day library of recordings maintained at all times. In addition, a
staff member who is able to operate the CCTV system shall be on the
premises at all times when the premises is open. The staff member shall be
able to provide the Police or authorised officer copies of recent CCTV images
or data with minimum delay when requested.
An incident log shall be kept at the premises and made available on request
to a Police Officer or an authorised officer. The following should be recorded
in the log:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received concerning crime and disorder
(d) any incidents of disorder
(e) all seizures of drugs or offensive weapons
(f) any faults in the CCTV system, searching equipment or scanning
equipment
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
Preventing counterfeit products, such as alcohol, tobacco, DVDs, CDs and
other goods from being offered for sale upon the premises.
10.0 LEGAL CONSIDERATIONS
10.1 When considering an application for a review of a 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:
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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 This application for a review of a premises licence has been made pursuant to s51
of the Licensing Act 2003.
10.4 Following receipt of a review application the Licensing Authority must hold a hearing
to consider it and any relevant representations, both in support of the review and
opposing the review. At the hearing, the Sub-Committee must, having regard to the
application and any relevant representations, take such steps (if any) as it considers
appropriate for the promotion of the licensing objectives. The possible steps are:
to take no further action
to modify the conditions of the licence
to exclude a licensable activity from the scope of the licence
to remove the designated premises supervisor
to suspend the licence for a period not exceeding three months; and/or
to revoke the licence
10.5 For the purpose of determining a review, the conditions of the licence may be
modified by the addition of new conditions, the alteration of any existing conditions,
or the omission of any conditions. The modification of a licence, including the
exclusion of licensable activities, may be imposed permanently or for a temporary
period not exceeding three months. The decision of the Sub -Committee should
explicitly specify if any modifications to the licence are permanent or temporary.
10.6 The determination of an application for the review of a premises licence is made
pursuant to s52 of the Licensing Act 2003. A determination under this section
does not have effect-
(a) until the end of the period given for appealing against the decision, or
(b) if the decision is appealed against, until the appeal is disposed of.
10.7 Conditions will not be necessary if they duplicate a current statutory requirement.
The licensing authority may therefore only impose such conditions that are
appropriate to promote the licensing objectives arising out of the consideration of
the review.
10.8 The Sub -Committee can only consider matters within the application and those
which have been raised through representations from interested parties and
responsible authorities. All applications will be decided on a case-by-case basis.
10.9 The Sub-Committee must ensure that all licensing decisions:
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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 States’ 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
10.10 The Sub-Committee are reminded that while they have a duty to “have regard” to
the statement of licensing policy and the Secretary of State’s guidance, they are not
bound by it. However, should the Sub-Committee wish to depart from the policy or
guidance then detailed reasons for this must be given as part of any 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
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
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 Other persons, Responsible Authorities and the premises licence holder 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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