The Licensing Sub-Committee of Ealing Council met on Wednesday 3 July 2024 to consider an application for a new premises licence for Lavins, located at 97 Uxbridge Road, Ealing, W7 3ST. The committee granted the application, subject to a number of conditions, after hearing representations from the applicant and local residents.

New Premises Licence for Lavins

The Licensing Sub-Committee considered an application for a new premises licence for Lavins, a bar at 97 Uxbridge Road, Ealing, W7 3ST. The application was made by Ms Janet Slack, trading as Fisher Pub Limited.

Applicant's Case: The applicant's agent, Nick Semper, explained that the application was largely similar to a previous licence held by the former company before its dissolution. He highlighted that the application had been modified to remove the provision for live music, focusing solely on the sale of alcohol within the requested hours. Mr Semper stated that the police, who had initially objected, had withdrawn their objection, being satisfied that the premises could uphold the licensing objectives. He also noted that modifications had been made to enhance compliance, such as the removal of a smoking area, and that recommendations from Ealing's Licensing Compliance Officer, Robert Dear, had been incorporated. To address residents' concerns about patrons trespassing and using the rear exit, a keypad lock had been fitted to this exit, and the applicant was willing to fit a lock to the door shared with residents.

During questioning, Mr Semper clarified that the removal of live music referred to performances by bands or instruments, and that recorded music could still be played until 11 pm under the Live Music Act 2012¹. He assured the sub-committee that the window shutters at the front would remain open, and that staff would manage the number of smokers outside to minimise disturbance. He also confirmed that the back door, which had been left open for ventilation, would be alarmed and covered by CCTV. The estimated footfall for the establishment was expected to be low, not exceeding 20 customers.

Objector's Representation: Mr Nick Dewey, representing residents of Bentley Close, presented concerns from local residents. He stated that many residents had not submitted formal objections due to fear of repercussions from previous licence holders and a lack of awareness that an address was required. Residents reported witnessing customers fighting, shouting, and causing a general nuisance. They noted that the alleyway leading to Bentley Close was frequently used as a public toilet, and they feared this would worsen with extended licensing hours. A past incident in 2017, where a customer broke into a resident's home, was also highlighted. Mr Dewey expressed concerns about noise and vibrations from the premises, particularly from the rear room which he stated lacked soundproofing and was exacerbated when the back door was open, disrupting residents' sleep. He noted no significant improvement since the current applicant took over in 2020.

Decision: The sub-committee decided to grant the premises licence. They accepted the applicant's amendment to remove regulated entertainment, including live and recorded music, from the application. The licence was granted with the operating schedule and a set of agreed conditions. These conditions included:

• The two window blinds at the front of the premises must remain open or be removed.
• One member of staff trained in operating and downloading CCTV must be present at all times when licensable activities are taking place.
• CCTV footage must be checked weekly, with a log kept on the premises for inspection.
• If the CCTV system is inoperable, the premises must close immediately unless permission is granted by the Police or Local Authority.
• Two members of staff must be present after 5 pm during all karaoke events and after 7 pm on Fridays.
• One member of staff holding a Personal Licence must be on duty during all karaoke events and after 7 pm on Fridays.
• The fully enclosed room at the rear must not be used as a smoking area.
• No more than four smokers are permitted outside the front of the premises at any time.

Additionally, a further condition was imposed: all visitors are prohibited from using the back door except in an emergency. This door must be fitted with an alarmed push bar that triggers an alert when opened, allowing staff to check its use.

The sub-committee reasoned that the applicant's willingness to address residents' concerns, including the removal of live music and agreement to specific conditions, demonstrated a commitment to upholding the licensing objectives. They were satisfied that the agreed conditions were proportionate and appropriate. The sub-committee also noted the applicant's commitment to investigating further soundproofing measures for the premises.