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: In the Park House, 6 Bedford Park Corner,
Chiswick, W4 1LS
 
APPLICANT:
Brackenbury Brews Limited (company number 13837861)
 
TAKE NOTICE THAT ON 8th
January 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 as
follows:
 

1.            
The Panel convened for an in-person hearing to
determine an application from Brackenbury Brews Limited (company
number 13837861)in respect of In the Park House, 6 Bedford Park
Corner, Chiswick, W4 1LS (the “Premises”) which
the Applicant describes as a coffee shop and food orientated venue
that will offer both dine-in and take away services.  The Premises are located in an area of mixed
residential and commercial units and are not currently
licensed.  
 

2.            
The application setting out the licensable
activities and hours applied for in respect of the same, together
with opening hours and proposed conditions, are set out in Appendix
A to the Agenda. 
 

3.            
There was one objection from a local resident, Ms
Kasner, (the “Objector”) who expressed concerns
regarding the prevention of crime and disorder, the prevention of
public nuisance and public safety.  This
representation is set out in Appendix B to the Agenda.  The Police and Licensing Authority did not submit
formal representations, but proposed conditions that are largely
similar to each other, that the Applicant states it agrees
to.  These proposed conditions are shown
in Appendix C and D respectively, with the Applicant’s emails
confirming its agreement to their proposed conditions exhibited to
their subsequently filed Written Representations dated
2nd January 2024, which is shown at pages 42-57 of the
Agenda (the “Written
Representations”). 
 

4.            
The Written Representations also exhibit an email
from the Fire Service dated 7 December 2023 confirming they had no
objections to the application as presented, and a letter from the
Applicant’s legal representative to the Objector dated 28
November 2023. 

 

5.            
The Licensing Panel carefully considered all the
relevant information including:
 
·      
Written and oral representations made by 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 (the “Guidance”)
·      
Hounslow Council’s Licensing Policy 2020-2025
(the “Council’s Policy”)
·      
The Human Rights Act 1998
 

6.            
At the hearing the Applicant was represented by
Peter Ivanisevic
and Faye Kenwell.  The Objector did not
attend.
 

7.            
Mr Ivanisevic stated that they had developed a small
family business and currently have a pub and wine bar that they
also offer as a workspace.  With
increasing costs, they are looking to find a way to increase the
services they offer to raise further income at the
Premises.  They stated the Premises was
a popular brunch spot and did not think that people will
necessarily want to drink alcohol during the day, but this is
something that they considered offering after COVID.   Where they provide alcohol deliveries at
their other premises, they found it was more the artisanal bears
that people preferred.
 

8.            
In response to questions from the Panel, the
Applicant confirmed that they would not be letting people drink
half a bottle and then take the rest away and they confirmed they
do not currently have a pavement licence to allow outdoor seating,
but this was something that they would explore after the outcome of
this licencing application.
 

9.            
The Applicant confirmed that they agreed to the
licence conditions proposed by the Police and the Licencing
Authority, and they also confirmed they had no objection if the
Panel, should it decide to grant a licence, sought to include any
of the conditions they themselves proposed in the
application. 
 
Decision
 

10.         
In determining this matter the Panel considered the
Objector’s representation that raised various general
concerns about the risk of crime and disorder and public nuisance,
especially with the Premises being located near to a Tube
Station.  Whilst the Objector also
stated she was also objecting on the grounds of public safety, this
was not supported by any substantial evidence in her
representation.
 

11.         
As for the Premises themselves, this provides for
approximately 38 covers over the ground and first floors, with four
additional seats outside if the Applicant applies for and is
granted a pavement licence.  The focus
of the business appears to be that of a place serving food, as well
as coffee and alcohol, as opposed to a bar or club, and to offer a
takeaway service, which includes working with companies such as
Deliveroo. 
 

12.         
The Panel takes on board that the proposed hours for
the supply of alcohol are in line with the Core Hours contained in
the Council’s Policy, with the proposed closing times being
30 minutes thereafter to allow for patrons to finish their
drinks.  The hours applied for late
night refreshment would be from 10:00 to closing time.  No objection has been raised about these hours,
which the Panel considers to be acceptable.
 

13.         
With respect to the conditions proposed by the
Police and Licensing Authority, these are largely similar although
the Police proposals include conditions that the Panel considers to
be excessive and without any evidence to support the
same.  These include proposed conditions
to stop the supply of alcohol if the CCTV becomes inoperable for
any reason, and a positive requirement for the Applicant to take
various steps in the event of a serious assault on the Premises,
which includes, if reasonably practicable, to apprehend any
suspects pending the arrival of the Police and to preserve the
crime scene.  The Panel notes that there
are no specific representations about any past or present issues
relating to crime and disorder or public nuisance directly
associated with the Applicant or the Premises that would appear to
justify these conditions. For that reason, the conditions proposed
by the Licensing Authority, and agreed by the Applicant, are to be
preferred.
 

14.         
The Panel viewed the numerous conditions proposed by
the Applicant in the application, which mirror various conditions
proposed by the Licensing Authority. Other conditions proposed in
the application appear to duplicate matters covered by other
legislation, the mandatory conditions or appear excessive for the
Premises given the representation received and evidence before the
Panel.  Therefore, many of these
conditions appear superfluous, or are covered by the conditions
proposed by the Licensing Authority. 
 

15.         
However, in relation to public nuisance, the Panel
notes that the Statutory Guidance states at paragraph 2.19 that
where representations have been received any appropriate conditions
should normally focus on the most sensitive periods, such as at
night and into the early morning.  
It is also acknowledged the Premises are located near a Tube
Station and therefore there is always the risk of crime and
disorder and public nuisance around locations such as
these.  Furthermore, in its Written
Representations, the Applicant had reiterated a number of its
proposed conditions in order to provide the Panel and the Objector
with reassurance over its business. 
Those included conditions such as not allowing entry to anyone
under the influence of drink and drugs, hours for which any
pavement seating may be used and alcohol served to anyone on the
pavement seating. 
 

16.         
Therefore, the Panel considers that certain
conditions from the application should also be included in the
licence conditions. To reduce the risk of public nuisance, the
Panel considers the conditions in the application restricting the
playing of live music and for recorded music to be background music
only should be included, as well as the conditions requiring
windows and doors to be closed after 22:00 and for service of
alcohol to any outside tables and the hours of use of any such
outside tables, to be included.  The
Panel also considers it appropriate to include the conditions on
dealing with delivery drivers, for restrictions on the times during
which deliveries may be made or waste disposed of, and for checking
and clearing the immediate vicinity of any litter emanating from
the Premises.  The Panel also considers
it would aid the licensing objectives if the condition requiring a
telephone number to be provided to nearby residents, the Police,
Licensing Authority and Environmental Protection Team is
accepted.  The CCTV conditions in the
application included a requirement to notify the Police and
Licensing Authority if the CCTV stopped working for any reason,
which the Panel considers would be helpful to aid the prevention of
crime and disorder objective, along with a further requirement for
the Police and Licensing Authority to also be notified when the
CCTV resumes operation and, for the purposes of clarity, for time
limits for notification to be provided. 
The Panel believes these additional conditions, along with those
agreed with the Licensing Authority, should help to ensure
compliance with all the licensing objectives.
 

17.         
The Panel reviewed another of the Applicant’s
proposed conditions not to locate any of the speakers for the
playing of music outside the Premises or near the front entrance to
the same.   The Panel believes such
action would be helpful in reducing the potential for any noise
nuisance and would like the Applicant to adhere to this but does
not consider this needs to be imposed as a formal licence condition
at this time.
 

18.         
Therefore, the Licensing Panel has decided to GRANT
this application as follows:
 

Supply of alcohol for consumption on
and off the premises:
Monday to Thursday 10:00 to 23:00
Friday to Saturday 10:00 to 00:00
Sunday 10:00 to 22:30
 

Late Night Refreshment (on the
premises)
 
Monday to Thursday 23:00 to 23:30
Friday to Saturday
23:00 to 00:30
 
The
opening hours of the premises:
Monday to Thursday 06:30
to 23:30
Friday to Saturday 06:30
to 00:30
Sunday 06:30 to
23:00
 
AND with
the following conditions:
 

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)       
The CCTV system will be adequately
maintained. If the CCTV becomes inoperative, the Police and Local
Authority will be informed as soon as practically possible, and in
any event no later than 48 hours after the issue is discovered, and
immediate steps will be taken to put the equipment back into
action.  Upon the CCTV resuming
operation, the Police and Local Authority will be informed as soon
as practically possible, and in any event no later than 48 hours
after the CCTV resumes operation.
 
 

4)       
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 refusal of the sale of
alcohol

h)   
any visit by a relevant authority or
emergency service.
 

5)       
A Challenge 25 proof of age scheme
shall be operated at the premises where the only acceptable forms
of identification are recognised photographic identification cards,
such as a driving licence, passport or proof of age card with the
PASS (Proof of Age Standards Scheme) Hologram.
 

6)       
All staff authorised to sell alcohol
will be trained in the Challenge 25 scheme and this training will
be documented to include the date the training was given, the name
of the person who gave the training, the person who received the
training and signatures by both trainer and trainee.
 

7)       
All sales of alcohol for consumption
off the premises shall be in sealed containers only and shall not
be consumed on the premises.
 

8)       
Alcohol consumed outside the
premises building shall only be consumed by patrons seated at
tables.
 

9)       
Notices shall be prominently
displayed at all exits requesting patrons to respect the needs of
local residents and businesses and leave the area
quietly.
 

10)   
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.
 

11)   
There shall be a personal licence
holder on duty on the premises at all times when the premises are
authorised to sell alcohol.

 

12)   
The licensee will not carry out live
music performances at the premises of any kind. The playing of any
recorded, background music from 08:00 to 23:00 hours will at an
ambient level that readily permits conversation between
customers.
 

13)   
All windows and external doors shall
be kept closed after 22:00 hours on all days, except for the
immediate access and egress of persons.
 

14)   
Service of alcohol on pavement
tables will cease at 21:30 hours on all days.  Use of pavement tables will cease at 22:00 on all
days.
 

15)   
The licensee will be responsible for
the behaviour of takeaway food delivery drivers. Contracts with
Deliveroo (or equivalent delivery agents) will specify
that:

a)   
Delivery drivers will not be
permitted to mount the pavement with their vehicles when collecting
food for delivery to customer addresses. Vehicles must be parked on
Flanders Road.

b)   
Delivery drivers must turn off their
engines whilst collecting from the premises. There will be no
idling of delivery vehicles outside of the premises.

c)   
Delivery drivers will not be
permitted to wait outside the premises when collecting
orders.

d)   
Drivers must enter and leave the
premises quietly and will not be permitted to smoke or talk outside
of the premises.

e)   
Clear signage must be displayed
inside and outside of the premises making clear to drivers the
conditions which apply.

f)     
Breach of any of the above
conditions will be a disciplinary offence.
 

16)   
The disposal of waste into external
receptacles shall not take place between the hours of 23:00 and
08:00.  No waste collection or stock
deliveries will take place between the hours of 23:00 and
08:00.
 

17)   
The licensee shall instruct members
of staff to make regular checks of the area immediately outside the
premises and remove any litter, bottles and glasses emanating from
the premises.  A final check should be
made at close of business.
 

18)   
The licensee shall make available a
contact telephone number to nearby residents and the Licensing Team
/ Enforcement Protection Team / Police to be used in the event of
complaints arising.
 
Right of Appeal
 

19.         
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.