Decision

Licensing Act 2003

Notice of Decision

PREMISES

Jukebox

72-74 South Street

Romford

RM1 1NL

APPLICANT

Moonshine Entertainment Limited

Details of the application

Jukebox currently benefits from a premises licence which permits the provision of the following licensable activities:

Plays, films, indoor sporting events, live music, recorded music,

performances of dance, anything of a similar description to live music,

recorded music or performances of dance

Monday to Thursday – 10:00 to 02:00

Friday & Saturday – 10:00 to 02:30

Sunday – 11:00 to 02:00

Late night refreshment

Sunday to Thursday – 23:00 to 02:00

Friday & Saturday – 23:00 to 02:30

Supply of alcohol

Monday to Thursday – 10:00 to 02:00

Friday & Saturday – 10:00 to 02:30

Sunday – 11:00 to 01:30

New Year's Eve – from the end of permitted hours to the start of permitted hours

on the following day

All licensable activities listed above

On the following days the permitted hours may be extended for an additional hour:

St Patrick's Day, St George's Day, St Andrew's Day, St David's Day, Halloween,

Christmas Eve, Boxing Day, the trading day on which the clocks go forward, i.e. the start of British Summer Time, and the Thursday immediately preceding Good Friday

Permitted hours may be extended until 02:30 on any Sunday immediately preceding  a bank holiday

Opening hours of the premises

Monday to Thursday – 10:00 to 02:30

Friday & Saturday – 10:00 to 03:00

Sunday – 11:00 to 02:30

This application is to permit the provision of licensable activity to the following hours:

Plays, films, indoor sporting events, live music, performances of dance, anything

of a similar description to live music, recorded music or performances of dance

Monday to Thursday – 10:00 to 02:00

Friday & Saturday – 10:00 to 03:30

Sunday – 11:00 to 02:00

Recorded music

Monday to Thursday – 10:00 to 02:00

Friday & Saturday – 10:00 to 04:00

Sunday – 11:00 to 02:00

On the following days the permitted hours may be extended for an additional hour:

St Patrick's Day, St George's Day, St Andrew's Day, St David's Day, Halloween,

Christmas Eve, Boxing Day, the trading day on which the clocks go forward, i.e. the start of British Summer Time, and the Thursday immediately preceding Good Friday 

Permitted hours may be extended until 4am on any Sunday immediately preceding a bank holiday

Late night refreshment

Sunday to Thursday – 23:00 to 02:00

Friday & Saturday – 23:00 to 03:30

Supply of alcohol

Monday to Thursday – 10:00 to 02:00

Friday & Saturday – 10:00 to 03:30

Sunday – 11:00 to 02:00

New Year's Eve – from the end of permitted hours to the start of permitted hours on the following day

All licensable activities listed above (excluding recorded music)

On the following days the permitted hours may be extended for an additional hour:

St Patrick's Day, St George's Day, St Andrew's Day, St David's Day, Halloween,

Christmas Eve, Boxing Day, the trading day on which the clocks go forward, i.e. the start of British Summer Time, and the Thursday immediately preceding Good Friday

Comments and observations on the application

Havering’s Licensing Policy further to cumulative impact states at paragraph 6.3:

• For areas where a cumulative impact policy is adopted, it creates a rebuttable presumption that applications for new premises licences, club premises certificates, or variation applications that will add to the existing cumulative impact, will normally be refused, unless the applicant can demonstrate why the operation of the premises involved will not add to the cumulative impact and not impact adversely on the promotion of the licensing objectives. The exception to this policy may be for applications for restaurants where alcohol is sold ancillary to a table meal.

Havering’s Licensing Policy further to the Romford Town cumulative impact zone states at paragraph 8.5:

• On the basis of the above evidence the Licensing Authority is of the view that the number, type and density of premises selling alcohol for consumption on and off the premises and the provision of late night refreshment within the ring road is having a cumulative impact and undermining the licensing objectives. It is likely that granting further licences would be inconsistent with the authority’s duty to promote the licensing objectives and a cumulative impact policy has been adopted in this area.

Summary

In reaching its decision the Sub – Committee has carefully considered the application, including the 3 supplementary bundles discounting any out of time representations.  

The representations made by the applicant and his representative. There were three representations against this application from responsible authorities: the Metropolitan Police, Havering’s Licensing Authority and Havering’s Environmental Health Service.

All three responsible authorities expressed concern at the terminal hours included in the application on the grounds Prevention of Public Nuisance and Prevention of Crime and Disorder.

The Licensing Sub Committee has taken into consideration the Home Office guidance issued under section 182 of the Licensing Act 2003, the Duties under the Crime and Disorder Act 1988 and the rights set out in the Human Rights Act 1998. 

The Sub-Committee has concluded that the application should be granted in part, with the proposed conditions offered up by the applicant.  Attention was given to the fact that the premises was in a cumulative impact zone and therefore mindful of the potential impact on the licensing objectives.

The application is granted as to the following:

The hours of operation will remain the same as the existing licence permits, except for on Fridays and Saturdays, the opening times are as follows:

Friday and Saturday:

10am to 3.30am

Last admittance of 2.30am

Dispersal to begin no later than 3.00am

The following condition applies:

1. From 02:00 hours on Friday and Saturday, a member of staff shall be allocated to monitor the dispersal of customers and ensure patrons leave the premises by 3.30am and do not contribute to anti-social behaviour in the vicinity

This application is granted to permit the provision of licensable activity to the following hours:

Plays, films, indoor sporting events, live music, performances of dance, anything of a similar description to live music, recorded music or performances of dance

Monday to Thursday – 10:00 to 02:00

Friday & Saturday – 10:00 to 03:30

Sunday – 11:00 to 02:00

Recorded music

Monday to Thursday – 10:00 to 02:00

Friday & Saturday – 10:00 to 03:30

Sunday – 11:00 to 02:00

On the following days the permitted hours may be extended for an additional hour:

St Patrick's Day, St George's Day, St Andrew's Day, St David's Day, Halloween,

Christmas Eve, Boxing Day, the trading day on which the clocks go forward, i.e. the start of British Summer Time, and the Thursday immediately preceding Good Friday

Permitted hours may be extended until 03:00 for alcohol sales and 03:30am for all other licensable activity and opening hours on any Sunday immediately preceding a bank holiday

Late night refreshment

Sunday to Thursday – 23:00 to 02:00

Friday & Saturday – 23:00 to 03:30

Supply of alcohol

Monday to Thursday – 10:00 to 02:00

Friday & Saturday – 10:00 to 03:00

Sunday – 11:00 to 02:00

New Year's Eve – from the end of permitted hours to the start of permitted hours on the following day

Opening hours of the premises

Monday to Thursday – 10:00 to 02:30

Friday & Saturday – 10:00 to 03:30

Sunday – 11:00 to 02:30

And, for the following reasons:

1. The applicant’s response to the representations made were sufficient to allay any fears one would have about undermining the licensing objectives.  His understanding of the licensing conditions was demonstrable in his answers to questions asked. Taking account of all the circumstances, the conditions offered and agreed were reasonable and proportionate for a premises inside a cumulative impact zone, sufficiently promoting the licensing objectives of prevention of crime and disorder, prevention of public nuisance, the protection of children from harm and public safety.
2. The Sub-committee were persuaded by the applicant’s continued cooperation with the authorities.  He was asked a number of questions about the premises, including questions about high visibility clothing for security and the capacity of the venue.
3. The applicant’s representative provided a detailed response to the concerns raised by the responsible authorities, of which the panel were persuaded. Amongst other points, he stated that the reporting of incidents at the venue by the applicant to the police demonstrated his compliance and therefore shouldn’t be penalised for it.  He further added that as this was the only premises that would operate beyond 3am, therefore wouldn’t add to the Cumulative Impact Zone.  The Sub-committee were not convinced by this assertion but felt overall that the premises had operated to large extent in a responsible manner. 
4. The Sub-committee were also aware of the nature of the area which consists of a number of similar businesses, none of which operated to 4am. Information was gathered regarding the licensing conditions of competing businesses in the area, though the hearing had to adjourned for about 20 minutes to gather this information The Sub-committee were satisfied that the applicant’s business should be able to operate without undermining the licensing objectives or adding adversely to the cumulative impact zone.
5. The Sub-committee asked the applicant a number of questions regarding the promotion of the licensing objectives and the day to day running of the business.  The Sub-committee was satisfied with the response from the applicant.
6. The panel heard from the responsible authorities and were sympathetic to their concerns, but were aware that in the absence of evidence, couldn’t rely upon on assumptions.  The panel considered very seriously on the number of incidents that had taken place at the premises.  However, were mindful that they were not provided with the outcomes of these incidents.
7. The pertinent concerns raised by Environmental Health, amongst others, were that the later hours could lead to increased noise and disturbance to nearby residents, particularly when customers leave the premises. The Sub-committee considered these concerns carefully but was not prepared to assume that the extended hours would necessarily result in public nuisance where there was no evidence that this would occur. The Sub-committee was also mindful that, if the operation of the extended hours did cause problems in the future, the premises licence could be brought back before the Licensing Authority by way of a review.
8. The Police raised concerns about increased crime, disorder and nuisance from the later hours, particularly given the premises’ location within the CIZ and recent licence breaches. The Sub-committee considered these concerns but was not prepared to rely on assumptions and noted that the licence could be reviewed if problems arose.  Furthermore, it was acknowledged that the applicant had been and was prepared to work with the Police.
9. Havering’s Licensing Authority’s main concern was that Jukebox is within the Romford CIZ and already operates beyond the Council’s recommended licensing hours. It is considered that extending the hours further could add to the existing cumulative impact in the area and increase the risk of crime, disorder, public nuisance and concerns for public safety. However it was acknowledged that any breaches that had occurred were of a minor nature.
10. The Sub-committee was aware that it could not make any assumptions as to any potential impact the requested application might have in relation to the licensing objectives but must reach a decision based on the evidence before it.
11. There was no evidence presented which could be presented to show that granting the application would undermine the licensing objectives.  The Sub-Committee noted that the Licensing Act 2003 provides an alternative mechanism for dealing with issues where a premises breaches the licensing objectives.
12. On the balance of probabilities, the panel is satisfied that granting the application to 3.30 on Fridays and Saturdays, would not undermine the licensing objectives of Prevention of Public Nuisance, Prevention of Crime and Disorder, Protection of children from harm and public safety.
13. The Sub-committee also considered the relevant provisions of the Human Rights Act 1998, namely:

Article 6 – The right to a fair hearing

Article 8 – Respect for private and family life

Article 1 – First protocol – peaceful enjoyment of possessions

The Sub-committee considered that in all the circumstances, the conditions offered by the applicant were reasonable and proportionate sufficiently promoting the licensing objectives which would not be undermined by allowing the application.

Right of Appeal

Any party who has made a relevant representation may appeal to the Magistrates’ Court within 21 days of notification of the decision.

On appeal, the Magistrates’ Court may:

1. Dismiss the appeal; or
2. Substitute the decision for another decision which could have been made by the Sub Committee; or
3. Remit the case to the Sub Committee to dispose of it in accordance with the direction of the Court; and
4. Make an order for costs as it sees fit.