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:
Isleworth Bowls Club, Redlees Park,
Worton Road, Isleworth TW7 6DW
 
APPLICANT: Ms
Marlene Sampson
 
 
TAKE NOTICE THAT ON 29 July 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 Isleworth Bowls Club, Redlees Park, Worton
Road, Isleworth TW7 6DW was GRANTED, subject to the
conditions and modifications stated below.
 
REASONS:
 
1.            
The Panel convened to determine an application for a Premises
Licence for Isleworth Bowls Club, Redlees Park, Worton
Road, Isleworth TW7 6DW (“the Premises”) under
the Licensing Act 2003.
 
2.            
The application sought the following hours for licensable
activities:
 
•
Supply of alcohol for consumption on & off the
premises:
Sunday to Thursday 11:00 to 23:00
Friday to Saturday 11:00 to 01:00
 
•
Films (outdoors)
Monday 16:00 to 22:30
Friday to Sunday 16:00 to 23:00
 
•
Indoor sporting events
Sunday to Thursday 11:00 to 23:00
Friday & Saturday 11:00 to 01:00
 

• Boxing or wrestling entertainments, Recorded
music (indoors & outdoors)
Sunday to Thursday 11:00 to 23:00
Friday & Saturday 11:00 to 01:00
 
• Live
music (indoors & outdoors)
Sunday to Thursday 11:00 to 23:00
Friday & Saturday 11:00 to 00:00
 
•
Performance of dance (indoors & outdoors)
Monday to Sunday 11:00 to 22:00
 
•
Late-night refreshment (indoors & outdoors):
Friday & Saturday 23:00 to 01:00
 
• The
opening hours of the premises:
Sunday to Thursday 11:00 to 23:30
Friday to Saturday 11:00 to 01:30
 
3.            
The application included proposed conditions on the licence, which
are set out in Section M of the application shown at Appendix
A.
 
4.            
The Premises currently held a Club Premises Certificate. A copy of
the certificate is shown at Appendix B.
 
5.            
The Premises is situated in an area of mixed commercial and
residential properties.
 
6.            
The Licensing Panel carefully considered all the relevant
information including:
 
o  
Written representations made by all the parties
o  
The Licensing Act 2003 and the steps appropriate to promote the
Licensing Objectives
o  
The guidance issued under section 182 of the Licensing Act 2003
o  
Hounslow Council’s licensing policy
o  
The Human Rights Act 1998
 
7.            
As part of the consultation process the authority received two
objections from other persons and one from the Parks Team of the
Council.  The representation from other
persons raised concerns in relation to the hours applied for and
the question of public safety and noise nuisance experienced from
events held at the club.  Copies of the
representations are attached as Appendix C. 
 
8.            
The representations from the Parks Team raised concerns about
littering and possible anti-social behaviour.  The Parks Team proposed conditions to be added to
the licence if the application was granted. The Applicant had
responded to the representations from the Parks Team. Copies of the
representations and reply are attached as Appendix
D. 
 
9.            
There was no representation from the Police and/or the Licensing
Enforcement Team but they both agreed conditions with the
Applicant, to be added to the licence if the application were to be
granted.  Copies of the email
correspondence passing between the Police, the Licensing
Enforcement Team and the Applicant are attached as Appendix
E.
 
10.         
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.
 
11.         
The Applicant attended the panel hearing and was accompanied by an
individual who works at the club. The Chair allowed a total of 5
minutes speaking time to the Applicant. 
There were two objectors in attendance who were also given 5
minutes each of speaking time.
 
Submissions by the Applicant
 
12.         
The Applicant explained the background to the application and
why she applied for the premises
licence.  From the outset she made it
clear that the premises would continue to operate the same hours as
the club licence currently had. 
Previously the club would apply for temporary event notice (TENS)
to cover any functions or events held at the premises.
 
13.         
The Applicant explained the reason for applying for
a premises licence was because every time they had an event, they
had to apply for a TEN which costs money. Under a TEN the premises
could host up to 499 persons, but they did not ever want to have
such a large event for 499 persons. The idea behind it was to make
the premises more family friendly as they were trying to create a
community hub. The events were not held every day.
 
14.         
In relation to the bowling greens, the Applicant
explained that they had people who wanted to play but not enough.
Just leaving the club as a bowling place would mean that the club
could not survive and that it would not be sustainable. 
 
15.         
Regarding the current operating hours, the Applicant
explained that on most weekdays the premises closed early because
nobody attended during the week.  The
Applicant explained that had a sound expert for the music and that
she made sure everything was done on time. Under the new Premises
Licence there would be more rules.
 
16.         
The Applicant drew the
Panel’s attention to the fact that
there had been no objections from any responsible authorities
and/or the Police.  The Police had said
there were no issues but advised the premises needed to have more
CCTV and to keep a logbook.  The
Applicant informed the Panel that she had already fitted CCTV
cameras and that they had a logbook. 
The Applicant confirmed to the Panel that she had agreed the hours
and conditions as proposed by the police and the Licensing
Enforcement Team.
 
17.         
With regards to parking, the parking space was
shared with others, namely the Arts Studio and those coming to the
park. 
 
18.         
The Applicant emphasised that there had been no
complaints from anyone.  The club would continue doing what they had
already been doing.  Those people who
had misbehaved in the past were barred and were not allowed to come
to the club.  The applicant assured the
Panel that she was happy to share her contact details including
email address with those that live locally so that they could
directly contact her if there were any issues or concerns in
relation to the premises. 
 
19.         
In terms of sale of alcohol, the Applicant confirmed
the Premises would keep a refusal book and an incident book at the
premises.  The Premises would also put
up notices telling customers to leave the premises quietly and that
they would also have a Challenge 25 notice.   The Applicant went on to explain that
appropriate training records would be kept for staff and that these
would be logged in a record book.  Staff
would be regularly trained, and the licensing objectives will be
promoted.
 
20.         
In response to questions from the Panel about the objections the
Applicant said that there had been no major incidents at the
premises and on the one occasion when one of the objectors came to
the premises complaining of noise nuisance, she made sure it was
actioned.
 
21.         
In response to the objectors’ questions relating to parking,
the Applicant explained that there was very little she could do as
all sorts of people used the parking (because it is free) and it
was outside of her control.  The officer
from the Parks Team indicated that there were ongoing discussions
in relation to a code entry system and as such, the parking issue
should improve.
 
22.         
In response to questions regarding the
objectors’ concern that there could be an increase in terms
noise nuisance, the Applicant assured them that she knew the area
well and was trying to build good community/neighbourhood
relationships and had urged that if the premises were granted a
premises licence, then members of the public could use the
premises; families could gather and have a good time; and the club
would not be just open to the club members.  She believed that the business must work with the
residents in the area if it was to survive.  
 
23.         
In relation to litter, the Applicant assured the
Panel that she would continue to have cleaners regularly clean and
pick up litter.  Furthermore, when they
held larger events, she would ensure that there were sufficient
security so that it was safer and kept clean.
 
24.         
In relation to questions concerning the level of
music, the Applicant informed the Panel that she had a music sound
expert and that the sound was within the legal limit, namely 65
decibels.  The Panel noted there was no
evidence of the Council’s noise pollution team being involved
or being called to attend at the premises and there was also no
evidence to confirm that any action had ever been taken against the
premises for noise nuisance or public safety concerns.
 
25.         
In summing up, the Applicant explained that
she understood the points the objectors were
making but if there was a more open communication between her and
the residents then their relationship would get better.  The Applicant acknowledged that her relationship
with the residents could be improved and that she would try and
make it better. She assured the Panel members that the timings
would be the same, and that if the Panel were to grant the licence,
the premises would have the same hours as the club
licence.  They would still be doing the
events if a licence was not granted. The
Applicant once again emphasised that apart from two objections,
there were no representations from the police or other responsible
authorities.  Furthermore, she drew the
Panel’s attention to the fact that there was no evidence
against the premises. 
 
Objectors’ submission
 
26.         
The objectors highlighted to the Panel that there
was a huge ongoing issue surrounding noise nuisance and parking
problems which they believed were due to the bowls
club. 
 
27.         
They were disturbed by the fact that the premises
did not consider that there were families with young children among
their near neighbours and there were doctors and nurses who lived
near the premises, working tirelessly for the NHS and needing their
sleep but due to the level of noise, they were
suffering.  The objectors were concerned
that if the licence was granted it would make the situation
worse. 
 
28.         
In response to the Panel members’ queries as
to whether the objectors had any evidence, such as a log of
incidents, the objector said the Council’s noise team should
have records of all the complaints the residents had made about the
premises causing noise nuisance.  The
Panel members were concerned that there was no evidence before them
during the hearing to support the claim that complaints of noise
nuisance were made to the Council and how frequent the noise
nuisance were.
 
Statutory Guidance
 
29.         
The Panel considered the Statutory Guidance which
states:
 
“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).”
 
30.         
Furthermore, the Statutory Guidance states the
following:
 
“Public Nuisance

2.15      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.

……..

2.16      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.

…….
 

2.19      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 emanating from the
premises may also be appropriate to address any disturbance
anticipated as customers enter and leave.”

……

2.21      Beyond the
immediate area surrounding the premises, these are matters for the
personal responsibility of individuals under the law. An individual
who engages in anti-social 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.
 

The Council’s Licensing Policy 2020-2025
 
31.         
The Council’s Statement Licensing Policy
2020-2025 (“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 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.
 
Decision
 
32.         
Having taken all the representations into account,
the conditions and reduced hours recommended by the Police and the
licensing authority, the statutory provisions and the Revised
Guidance issued under section 182 of the Licensing Act 2003 and the
Council’s Licensing Policy, by majority the Panel were
satisfied that the Applicant would comply with the licensing
objectives.
 
33.         
Therefore, the Licensing Panel, by a majority vote, decided to
GRANT the application, in respect of the following:
 
•
Supply of alcohol for consumption on & off the
premises:
Sunday to Thursday 11:00 to 23:00
Friday to Saturday 11:00 to 01:00
 
•
Films (outdoors)
Monday 16:00 to 22:30
Friday to Sunday 16:00 to 23:00
 
•
Indoor sporting events
Sunday to Thursday 11:00 to 23:00
Friday & Saturday 11:00 to 01:00
 

• Boxing or wrestling entertainments (shall
only be screening of recorded or live/televised events), Recorded
music (indoors & outdoors)
Sunday to Thursday 11:00 to 23:00
Friday & Saturday 11:00 to 01:00
 
• Live
music (indoors & outdoors)
Sunday to Thursday 11:00 to 23:00
Friday & Saturday 11:00 to 00:00
 
•
Performance of dance (indoors & outdoors)
Monday to Sunday 11:00 to 22:00
 
•
Late-night refreshment (indoors & outdoors):
Friday & Saturday 23:00 to 01:00
 
• The
opening hours of the premises:
Monday to Thursday 11:00 to 23:30
Friday to Saturday 11:00 to 01:30
Sunday 11:00 to 23:30
 
AND
in additional to conditions as proposed by the Applicant in their
application, the conditions proposed by the Police, Licensing
Enforcement Authority and the Parks Team should be adopted.
 
34.         
The Panel would like the
Applicant to share her contact details including telephone number
and email address with the immediate residents so that they can
contact the premises if they have any issues, noise nuisance
complaint that directly relate to the premises.
 
35.         
The Panel was of the view that whilst there may be
genuine problems with parking in the area, it was not satisfied
that those parking were guests/customers of the
premises.  Furthermore, the Panel noted
that as there were no parking restrictions for the area concerned,
the problems may have escalated but the premises could not be held
responsible for this as they cannot be and as such could not see
how the premises could control and/or prevent others from parking
in the area concerned. 
 
36.         
The Panel was of the view that there was
insufficient evidence to persuade them that the grant of the
premises licence would lead to noise nuisance and/or compromise
public safety. 
 
37.         
Overall, the Panel was of the view that any existing
problems in the area would not get any worse if the premises were
granted a licence for the sale of alcohol. The Panel took on board
the Applicant’s response and believed that the conditions as
proposed by the Police and the licensing Enforcement Team that are
to be attached to the licence would meet the licensing objectives
were enforceable. 
 
38.         
The Panel noted the guidance and the comments in the Policy and
noted the representations from the local resident.  The Applicant had agreed conditions with the
Police that addressed the issues of the prevention of crime and
disorder and the prevention of public nuisance.
 
39.         
Whilst the Panel members sympathised with the
objectors regarding the possibility of increased noise nuisance,
there was no evidence to say the existing problems were because of
the premises.  Furthermore, there was no
direct evidence that confirmed that it would get worse if the
premises were granted a licence. 
 
40.         
The Panel noted that ultimately it was for a licence holder to
ensure that they are operating in compliance with their licence and
to propose measures to promote the licensing objectives and tackle
any issues.
 
41.         
The Panel would like to remind that a breach of the
licence including the conditions set out above could result in a
review of the conditions and even a revocation of the Premises
Licence.
 
Right to Appeal
 
42.         
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.