Content

Notification of
decision following a Licensing Panel hearing to determine an
application for a premises licence under section 17 of the
Licensing Act 2003
 
PREMISES:
Treatz Hounslow Ltd, 384-386 Bath Road,
Hounslow TW4 7HT
 
APPLICANT:
Treatz Hounslow Ltd
 
TAKE NOTICE THAT ON 8 February 2024
following a hearing before the Licensing and General Purposes Sub
Committee (the “Licensing Panel” or
“Panel”),
 
HOUNSLOW COUNCIL, as the Licensing
Authority for the Premises RESOLVED that:
 
the application for the grant of the premises
licence for Treatz Hounslow Ltd,
384-386 Bath Road, Hounslow TW4 7HT is GRANTED, subject to
the conditions and modifications stated below.
 
 
REASONS:
 
1.            
The Panel convened to determine an application for a premises
licence for Treatz Hounslow Ltd,
384-386 Bath Road, Hounslow TW4 7HT (“the
Premises”) under the Licensing Act 2003.
 
2.            
The application seeks the following hours for licensable
activities:
 
Late
Night Refreshment - indoors
Monday to Sunday
                
23:00 to 02:00
 
Hours
premises are open to the public
Monday to
Sunday                 08:00 to
02:00
 

Recorded Music - indoors
Monday to Sunday
                
08:00 to 02:00
 
The application
included proposed conditions on the licence, which are set out in
Section M of the application shown at Appendix A.
 
3.            
The Premises are not currently licensed
and it is situated in an area of mixed commercial and residential
properties.
 
4.            
The Licensing Panel carefully considered all the relevant
information including:
 
• Written
representations made by all the parties
 
• The
Licensing Act 2003 and the steps appropriate to promote the
Licensing Objectives
 
• The guidance issued
under section 182 of the Licensing Act 2003
 
• Hounslow
Council’s licensing policy
 
• The Human Rights
Act 1998
 
5.            
As part of the consultation process the authority received an
objection from a local resident.  The
representation raised questions about issues concerning a possible
increase in crime and disorder and public nuisance.  A copy of the representation is attached as
Appendix B.  The Applicant responded to
the representation and a copy of his response is attached as
Appendix B1. 
 
6.            
There was no representation from the Licensing Enforcement Team,
but they had agreed conditions with the Applicant, which are
attached as Appendix C.  The conditions
related to the use and operation of a CCTV system which were the
same as condition 1 and 2 of the model conditions (“the
Model Conditions”) set out in the Council’s
Statement of Licensing Policy 2020- 2025 (“the
Policy”) as well as other conditions relating to the
maintaining of an incident log which was the same as condition 49
of the Model Conditions and conditions about not disturbing the
neighbours which were similar to condition 21 and condition 24 of
the Model Conditions.     
 
7.            
During the licensing panel hearing the facts giving rise to the
application for the grant of a premises licence were set out by the
licensing officer and were agreed by the Applicant.
 
8.            
The Applicant attended and the Chair allowed a total of 5 minutes
speaking time to the Applicant and any objectors but there were no
objectors present.
 
9.            
The Applicant explained the background to the application and that
the Premises would not be selling alcohol.  His shop was a dessert parlour.  The Applicant would be using Uber to deliver but
anticipated that the shop would probably close at around 00:00
hours or possibly 01:00 hours at weekends.  The Applicant said that one of the reasons for
this was because he had had two break ins between 00:00 and 01:00
and he felt that if staff were on site
it would deter thieves.
 
10.         
In response to questions from the Panel about the objections the
Applicant said that he lived in Hounslow and understood their
concerns.  His shop did not usually do
take aways and tended to be popular with families.  He was aware of issues with people urinating
outside and thought that if his shop was open it would be something of a
deterrent.  The Uber deliveries were
usually done on electric vehicles rather than motorbikes and there
would therefore be minimal driver noise.  The music would be played at a level that was not
oud enough to hear outside the shop. 
The Applicant was happy to meet with objectors and to ensure that
there were no problems with his shop.   
 
11.         
In relation to the issue of the public safety the Statutory
Guidance states that:
 
“2.7         
Licence holders have a responsibility
to ensure the safety of those using their premises, as a part of
their duties under the 2003 Act. This concerns the safety of people
using the relevant premises rather than public health which is
addressed in other legislation. Physical safety includes the
prevention of accidents and injuries and other immediate harms that
can result from alcohol consumption such as unconsciousness or
alcohol poisoning. Conditions relating to public safety may also
promote the crime and disorder objective as noted above. There will
of course be occasions when a public safety condition could
incidentally benefit a person’s health more generally, but it
should not be the purpose of the condition as this would be outside
the licensing authority’s powers (be ultra vires) under the
2003 Act. Conditions should not be imposed on a premises licence or
club premises certificate which relate to cleanliness or
hygiene.
 
2.8 A
number of matters should
be considered in relation to public safety. These may
include:

• Fire safety;

• Ensuring appropriate access for
emergency services such as ambulances;
• Good communication with local authorities
and emergency services, for example communications networks with
the police and signing up for local incident alerts (see paragraph
2.4 above);
• Ensuring the presence of trained first
aiders on the premises and appropriate first aid kits;
• Ensuring the safety of people when leaving
the premises (for example, through the provision of information on
late-night transportation);

• Ensuring appropriate and
frequent waste disposal, particularly of glass bottles;
• Ensuring appropriate limits on the maximum
capacity of the premises (see paragraphs 2.12-2.13, and Chapter 10;
and
• Considering the use of CCTV in and around
the premises (as noted in paragraph 2.3 above, this may also assist
with promoting the crime and disorder objective).
 
……………
 
 
12.         
The Policy states the following:
 
“54. Each of
the four licensing objectives are of equal importance and therefore
each needs to be considered with equal weight.
 
55. The Council
expects applicants to risk assess their proposals and put forward
measures aimed at promoting the licensing objectives.
 
LP2 The Four Licensing
Objectives
 
1. Prevention of Crime and
Disorder
Whether the
proposal includes satisfactory measures to mitigate any risk of the
proposed operation making an unacceptable contribution to levels of
crime and disorder in the locality.
 
2. Public Safety
Whether the
necessary and satisfactory risk assessments have been undertaken,
the management procedures put in place and the relevant
certification produced to demonstrate that the public will be kept
safe both within and in close proximity
to the premises.
 
3. Prevention of Public
Nuisance
Whether the
applicant has addressed the potential for nuisance arising from the
characteristics and style of the proposed activity and identified
the appropriate steps to reduce the risk of public nuisance
occurring.
 
4. Protection of Children
from Harm
Whether the
applicant has identified and addressed any risks with the aim of
protecting children from harm when on the premises or in close proximity to the premises.”
 
13.         
The Panel noted this guidance and the comments in the Policy and
noted the representations from the local resident and that the
Licensing Enforcement Team and the Applicant had agreed conditions
to accept that addressed the issues of the prevention of crime and
disorder and the prevention of public nuisance.
 
14.         
The Panel considered that the wording of condition 3 of the Agreed
Conditions and considered that it was not necessary to include the
requirement to record any refusal of the sale of alcohol as the
Applicant would not be selling alcohol and therefore felt it
necessary to amend the wording of the Agreed Condition.
 
15.         
The Panel looked at the Model Conditions and took the view that it
was not necessary in this case to insist on the Applicant complying
with all of the Model Conditions and
therefore took the view that only selected Model Conditions needed
to be included.
 
Decision
 
16.         
Having taken all the representations into account, the Agreed
Conditions, the statutory provisions and the Revised Guidance
issued under section 182 of the Licensing Act 2003 and the Policy,
the Panel considers that the application, with the Agreed
Conditions and with the amended wording of condition 3 of the
Agreed Conditions and with the additional selected conditions from
the Policy, are sufficient to satisfy the Licensing Panel’s
concerns over compliance with the licensing objectives.
 
17.         
The Licensing Panel has therefore decided to GRANT the
application, in respect of the following:
 
Late
Night Refreshment - indoors
Monday to Sunday
                          
23:00 to 01:00
 
The
Opening Hours of the premises
Monday to Sunday
                          
08:00 to 02:00
 
AND with the
additional conditions from the Agreed Conditions and from the Model
Conditions and the amended wording of condition 3 of the Agreed
Conditions by the Panel
 
 
1.   
The premises shall install and maintain a
comprehensive CCTV system as per the minimum requirements of the
Hounslow Police Licensing Team. All entry and exit points will be
covered enabling frontal identification of every person entering in
any light condition. The CCTV system shall continually record
whilst the premises is open for licensable activities and during
all times when customers remain on the premises. All recordings
shall be stored for a minimum period of 31 days with date and time
stamping. Viewing of recordings shall be made available immediately
upon the request of Police or authorised officer throughout the
entire 31-day period.
 
2.   
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 are
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.
 
3.   
An incident log shall be kept at the premises and
made available on request to an authorised officer of the Hounslow
Council or the Police. It must be completed within 24 hours of the
incident and will record the following:
 
(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
visit by a relevant authority or emergency service.
 
4.   
Appropriate signage will be displayed, in a prominent position,
informing customers they are being recorded on CCTV.
 
5.   
Notice displayed asking customers to leave quietly from premises
also customers will be told in person to leave quietly and not to
disturb the local neighbourhood.
 
6.   
A direct telephone number for the manager at the premises shall
be publicly available at all times the
premises is open and operating under the authority of this premises
licence. The telephone number is to be made available to residents
and businesses in the vicinity.
 
7.   
Loudspeakers shall
not be located in the entrance lobby or
outside the premises building.
 

8.   
All windows and external doors shall be kept closed
after 23:00 hours, or at any time when regulated entertainment
takes place, except for the immediate access and egress of
persons. 
 

9.   
Notices shall be prominently displayed at any area
used for smoking requesting patrons to respect the needs of
local residents and use the area
quietly.
 

10. During the hours of operation of the premises, the licence
holder shall ensure sufficient measures are in place to remove and
prevent litter or waste arising or accumulating from customers in
the area immediately outside the premises, and that this area shall
be swept and or washed, and litter and sweepings collected and
stored in accordance with the approved refuse storage arrangements
by close of business.
 

11. 
Patrons permitted to temporarily leave and then
re-enter the premises, e.g. to smoke,
shall not be permitted to take drinks or glass containers with
them.
 

12. No
deliveries to the premises shall take place between 23.00 hours and
08.00 hours on the following day. 
 

13. All
external emergency exit doors shall be fitted with sensor alarms
and visible indicators to alert staff when the doors have been
opened.
 

14. The
approved arrangements at the premises, including means of escape
provisions, emergency warning equipment, the electrical
installation and mechanical equipment, shall at all material times
be maintained in good condition and full working order. 
 

15. The
means of escape provided for the premises shall be maintained
unobstructed, free of trip hazards, be immediately available and
clearly identified in accordance with the plans
provided. 
 

16. All
emergency exit doors shall be available at all material times
without the use of a key, code, card or
similar means. 
 

17. All
emergency doors shall be maintained effectively self-closing and
not held open other than by an approved device. 
 

18. The
edges of the treads of steps and stairways shall be maintained
so as to be conspicuous. 
 

19. Curtains and hangings shall be arranged so as not to obstruct
emergency safety signs or emergency equipment. 
 

20. All
fabrics, curtains, drapes and similar features including materials
used in finishing and furnishing shall be either non-combustible or
be durably or inherently flame retardant
fabric. Any fabrics used in escape routes (other than foyers),
entertainment areas or function rooms, shall be
non-combustible.  
 

21. The
certificates listed below shall be submitted to the licensing
authority upon written request.
 
a. Any
permanent or temporary emergency lighting battery or
system
b. Any
permanent or temporary electrical installation
c. Any
permanent or temporary emergency warning system.
 

22. Flashing or particularly bright lights on or outside the
premises shall not cause a nuisance to nearby properties, save
insofar as they are necessary for the prevention of
crime.
 

23. No
fumes, steam or odours shall be emitted from the licensed premises
so as to cause a nuisance to any persons
living or carrying on business in the area where the premises are
situated. 
 

24. In the event that a serious assault is committed on the premises (or appears to
have been committed) the management will immediately ensure
that:
 
(a) The police
(and, where appropriate, the London Ambulance Service) are called
without delay;
(b) All
measures that are reasonably practicable are taken to apprehend any
suspects pending the arrival of the police;
(c) The crime
scene is preserved so as to enable a
full forensic investigation to be carried out by the police;
and
(d) Such other
measures are taken (as appropriate) to fully protect the safety of
all persons present on the premises.
 
Right to Appeal
 
18.         
Any party aggrieved with the decision of the Licensing Panel on one
or more grounds set out in schedule 5 of Licensing Act 2003 may
appeal to the local Magistrate’s Court within 21 days of
notification of this decision.