Content

Notification of decision following a Licensing
Sub-Committee hearing to determine a review application for a
Premises Licence submitted under s51 of the Licensing Act 2003
 
PREMISES:  
Treatz Hounslow Ltd, 384 - 386 Bath
Road, Hounslow TW4 7HT (“the
Premises”)
 
APPLICANT:  Community Standards,
London Borough of Hounslow, Hounslow House, 7 Bath Road, Hounslow
TW3 3EB
  
TAKE NOTICE
THATON 20 June 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 to:
 
MODIFY the
conditions of the licence, the licensable activities and the hours
for the same for the
Premises as explained below.
 
REASONS:
 

1)   
The Licensing Panel convened in person on 20 June
2024 to determine an application for review of the Premises Licence
for Treatz
Hounslow Ltd, 384 - 386 Bath Road, Hounslow, TW4 7HT
(“the Premises”) made under
section 51 of the Licensing Act 2003. 
 

2)   
The Licensing Panel carefully considered all the
relevant information including:

·      
Written and oral 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 (“the Statutory
Guidance”);

·      
Hounslow Council’s Statement Licensing Policy
2020-2025 (“the Council’s
Policy”);

·      
The Human Rights Act 1998
 

3)   
The application, which is shown as Appendix A to the
Agenda, was made by the Licensing Authority (Community Standards
team) (“theApplicant”), being a responsible authority under section 8.7 of the
Statutory Guidance. The Applicant applied for a review of the
Premises Licence on the basis that the original decision omitted to
set out a decision on the licensable activity of the playing of
recorded music (indoors) despite being applied for. In addition,
the Applicant sought clarification on the termination time of the
licensable activities as it was noted in the decision as 01:00am
and not the 02:00am as applied for with the original decision,
omitting the reasoning for the same. The Applicant also sought
clarification on the current conditions attached to the Licence and
to remove or amend these where applicable. The Applicant requested
this review for clarity on the above and to ensure there were no
breaches of the Licence in respect of the crime and disorder
licensing objective, and so that all parties are clear about what
conditions the licence may have been granted with in order to
ensure compliance for promotion of the licensing objectives and for
enforcement, if necessary.
 

4)   
The existing Licence, which was granted following
the original application for a grant of Premises Licence and
subsequent hearing on 8 February 2024 is shown at Appendix B
(Premises Licence number is H01368) and allows for the following
Licensable activities:
 
·      
Late Night Refreshment:
Monday to Sunday 23:00 to 01:00
 
·      
The opening hours of the premises
Monday to Sunday 08:00 to 02:00
 

5)        
During the consultation process no representations
were received.
 

6)        
At the hearing, the Applicant was represented by Mr
Andrew Devine, the regulatory manager
and the business/Licence Holder was represented by
Mr Chaudhry (“the Licence Holder”).
 

7)        
The Applicant explained as per the Application, that
it was important for all parties to be clear about the decision
which was made and for the Local Authority to be able to enforce
the same if required. The review was therefore brought to establish
the timing for the existing licensable activities, namely the Late
Night Refreshment termination time, whether the licensable activity
of playing recorded music (indoors) was to be included along with a
review of the existing conditions and whether they were appropriate
and enforceable. Having looked at the existing conditions, whilst
the Applicant suggested it would be appropriate for the Panel to
review all conditions, the ones numbered 13 to 24 of the existing
licence were those to be particularly considered for amendment or
removal.
 

8)        
The Licence Holder reiterated points made at the
previous hearing, namely that the business was a dessert shop and
not selling alcohol. The premises had suffered break ins on more
than one occasion and therefore was seeking to operate until later
as a deterrent to this. Whilst there were concerns around litter
made in the original application by one representative, it was
understood that there were other businesses operating until later
hours on the parade where the Premises was situated and that the
litter could not be solely attributed to this Premises. The Panel
noted that condition 10 of the existing licence contained a
provision to keep the area immediately outside of the Premises free
from any litter or waste in any case.
 

9)        
In respect of the recorded music to be played, the
Licence Holder confirmed this would essentially be background music
and it was noted by the Panel that the original application
referred to indoor music only and being unamplified.
 

10)     
As per the Applicant’s request, the Panel
considered the conditions attached to the existing Licence, looking
at conditions 13 and 17, the Panel raised queries around the
requirement to have a sensor alarm on the emergency doors as well
as having self-closing emergency doors. Although the Licence Holder
stated that the Premises would look to comply with any conditions
the Panel implemented and considered necessary, the Licence Holder
indicated that some of the conditions, in particular conditions 13
and 17 would be difficult to comply with as the doors were
consistently used during the operation of the business.
 

11)     
The Panel were aware that the Applicant was seeking
the review on the basis of the Prevention of Crime and Disorder and
whilst not fully detailed in the grounds for review but noted in
the application, the prevention of public nuisance.
 

12)     
The Panel considered the Statutory Guidance which
states:
 

“Crime and disorder

2.1        Licensing
authorities should look to the police as the main source of advice
on crime and disorder. They should also seek to involve the local
Community Safety Partnership (CSP).

 

…

 
Furthermore, the Statutory Guidance states the
following:

 

“Public Nuisance

2.21     
The 2003 Act enables licensing authorities and responsible
authorities, through representations, to consider what constitutes
public nuisance and what is appropriate to prevent it in terms of
conditions attached to specific premises licences and club premises
certificates. It is therefore important that in considering the
promotion of this licensing objective, licensing authorities and
responsible authorities focus on the effect of the licensable
activities at the specific premises on persons living and working
(including those carrying on business) in the area around the
premises which may be disproportionate and unreasonable. The issues
will mainly concern noise nuisance, light pollution, noxious smells
and litter

 

2.22     
Public nuisance is given a statutory meaning in many pieces of
legislation. It is however not narrowly defined in the 2003 Act and
retains its broad common law meaning. It may include in appropriate
circumstances the reduction of the living and working amenity and
environment of other persons living and working in the area of the
licensed premises. Public nuisance may also arise as a result of
the adverse effects of artificial light, dust, odour and insects or
where its effect is prejudicial to health.

 

2.23     
Conditions relating to noise nuisance will usually concern steps
appropriate to control the levels of noise emanating from premises.
This might be achieved by a simple measure such as ensuring that
doors and windows are kept closed after a particular time, or
persons are not permitted in garden areas of the premises after a
certain time. More sophisticated measures like the installation of
acoustic curtains or rubber speaker mounts to mitigate sound escape
from the premises may be appropriate. However, conditions in
relation to live or recorded music may not be enforceable in
circumstances where the entertainment activity itself is not
licensable (see chapter 16). Any conditions appropriate to promote
the prevention of public nuisance should be tailored to the type,
nature and characteristics of the specific premises and its
licensable activities. Licensing authorities should avoid
inappropriate or disproportionate measures that could deter events
that are valuable to the community, such as live music. Noise
limiters, for example, are expensive to purchase and install and
are likely to be a considerable burden for smaller venues. 2.24 As
with all conditions, those relating to noise nuisance may not be
appropriate in certain circumstances where provisions in other
legislation adequately protect those living in the area of the
premises. But as stated earlier in this Guidance, the approach of
licensing authorities and responsible authorities should be one of
prevention and when their powers are engaged, licensing authorities
should be aware of the fact that other legislation may not
adequately cover concerns raised in relevant representations and
additional conditions may be appropriate emanating from the
premises may also be appropriate to address any disturbance
anticipated as customers enter and leave.

 

2.25     
Where applications have given rise to representations, any
appropriate conditions should normally focus on the most sensitive
periods. For example, the most sensitive period for people being
disturbed by unreasonably loud music is at night and into the early
morning when residents in adjacent properties may be attempting to
go to sleep or are sleeping. This is why there is still a need for
a licence for performances of live music between 11 pm and 8 am. In
certain circumstances, conditions relating to noise.

 

2.27      Beyond the
immediate area surrounding the premises, these are matters for the
personal responsibility of individuals under the law. An individual
who engages in antisocial behaviour is accountable in their own
right. However, it would be perfectly reasonable for a licensing
authority to impose a condition, following relevant
representations, that requires the licence holder or club to place
signs at the exits from the building encouraging patrons to be
quiet until they leave the area, or that, if they wish to smoke, to
do so at designated places on the premises instead of outside, and
to respect the rights of people living nearby to a peaceful
night.”

…

 

Powers of a licensing authority on the
determination of a review

 

“11.2     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.

 

…

 

11.5      Any responsible
authority under the 2003 Act may apply for a review of a premises
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…”

 

…

 

“11.16   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.

 

11.17    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.

…

 

11.19    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.

 

11.20    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.

…

 

11.23    Licensing authorities should also note that
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.”

 

Reviews arising in connection with
crime:

 

“11.28   It is envisaged that licensing authorities, the
police, the 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.”
 

13)     
The Council’s 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 form 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.”
 

14)     
In relation to the core hours, the Council’s
Policy states that the hours for licensable activity will
generally be authorised subject to the Applicant demonstrating that
they understand the area where the premises are located and that
they will promote the four licensing objectives.  The core hours are:
 
· Monday
to Thursday 09:00 to 23:00
· Friday
and Saturday 09:00 to 00:00
· Sunday
10:00 to 22:30
 

15)     
Furthermore, the current policy goes on to state
that:
 
“Hours may be more restrictive dependent on the
character of the area and if the individual circumstances require
it. Later hours may be considered where the applicant has
identified any risk that may undermine the promotion of the
licensing objectives and has put in place robust measures to
mitigate those risks. It should be noted that this policy does not
apply to those who are making an application within a Cumulative
Impact Area (see section 3) unless they have been able to
demonstrate that the proposed activity or operation of the premises
will not add to the cumulative impact that is already being
experienced.”
 

16)     
The Council’s Policyat paragraph 115
states:
 
“The
Licensing Authority can exercise a range of powers when dealing
with a review (see S.182 guidance notes). In cases where the crime
prevention objective is being seriously undermined it is expected
that revocation of the premises licence, even in the first
instance, will be seriously considered.”
 

17)     
The Panel also noted that in accordance with 2.1 of
the Statutory Guidance, ‘Licensing authorities should look
to the police as the main source of advice on crime and
disorder.’ In this case the Police had not submitted any
representations to the original application and the Licensing
Enforcement team had agreed conditions with the Licence Holder
prior to the original hearing for the application for grant of a
premises licence. Furthermore, no representations had been
submitted in response to this review application. It therefore
appeared that these parties were satisfied with the application
irrespective of any possible concerns or issues relating to a
potential increase in anti-social behaviour, Crime and Disorder and
public nuisance. In addition, the Panel considered that as per the
Council’s Policy, the application was to be considered on its
own merits and that issues with other neighbouring premises did not
necessarily mean that there would be issues with this Premises,
particularly as there were said to be no previous issues at the
subject Premises.
 
 
Decision
 

18)     
The Panel considered the options available to it, including
modifying the conditions of the existing licence. Given there was
no suggestion of a breach of the existing licence or
representations to that effect, the Panel considered this the most
appropriate remedy for this review application. In doing so the
Panel determined that amending the hours for Late Night Refreshment
to those which were originally applied for would not add to
any existing problems (if any) in the area. There
were also no submissions to suggest any problems or issues within
the current application. The Panel therefore decided to amend the
hours of Late Night Refreshment (indoors) to operate from 23:00 to
02:00am (the following day) for the full week Monday to
Sunday.
 

19)     
Likewise, whilst the original application had a
representation relating to noise issues, from cars and possible
loitering, the Panel considered that the playing of recorded music
indoors at an unamplified level would not add to any existing
issues. As above, the Panel noted that as per 2.7 of the Statutory
Guidance “beyond the immediate area
surrounding the premises, these are matters
for the personal responsibility of individuals under the law. An
individual who engages in antisocial behaviour is accountable in
their own right.” The Panel
therefore decided to add the Licensable activity of the playing of
recorded music (indoors) from 08:00am to 02:00am (the following
day) for the full week Monday to Sunday. In accordance with these
changes, the opening hours of the Premises would also change from
08:00 to 02:00am (the following day) for the full week Monday to
Sunday.
 

20)     
In amending the above, the Panel were aware that ultimately, the
Premises was a dessert shop not selling alcohol and so considered
that any issues with crime and disorder or public nuisance were
likely to be limited.
 

21)     
In considering the conditions attached to the Licence, the Panel
acknowledged the Applicant’s suggestion to review these to
ensure enforceability and the Licence Holder’s suggestion
that some of these would be difficult to comply with, albeit they
would seek to do so if required. The Panel noted that conditions 1
to 6 were those originally agreed prior to the original hearing
with Licensing Enforcement and deemed these necessary and to remain
in order to promote compliance with the licensing objectives.
Conditions 7 to 24 were those added by the Panel following the
original hearing. The Panel took the decision to also retain
conditions 7 to 12 as these were considered enforceable and
provided for additional promotion of the licensing objectives.
However, the Panel resolved to remove the conditions numbered 13 to
24. These conditions, whilst beneficial, were considered difficult
for the Licence Holder to comply with and for the Licensing
Authority to enforce if required. In addition, the conditions were
considered superfluous and more akin to health and safety
requirements which the business would have to comply with in any
case or to planning matters and therefore not necessary for the
promotion of the licensing objectives for this licence.
 

22)     
Paragraph 11.20 of the Statutory Guidance states
“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.”
 

23)     
The Panel therefore decided that amending the
Licence as indicated above and as set out below in full was the
appropriate and proportionate remedy in the circumstances. The
Panel was satisfied that the Licence Holder was aware of potential
issues within the area and that the conditions retained and set out
below would also go some way into minimising any issues and
promoting the licensing objectives.
 

24)     
The Licensing Panel therefore decided to
MODIFY the conditions of the licence, the
licensable activities and the hours for the same of the
Premises Licence to the following:
 
·      
Late Night Refreshment – indoors:
Monday to
Sunday 23:00 to 02:00
 
·      
Recorded Music – indoors:
Monday to
Sunday 08:00 to 02:00
 
·      
The opening hours of the Premises:
Monday to
Sunday 08:00 to 02:00
 
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.   
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 are 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.
 
 
Right to Appeal
 

25)     
Any party aggrieved with the
decision of the Licensing Sub-Committee 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.