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Licensing Sub-Committee - Friday, 12 August 2022 - 10.30 a.m.
August 12, 2022 Licensing Sub-Committee View on council websiteSummary
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The Licensing Sub-Committee of Redbridge Council met on Friday, 12 August 2022, to consider a procedure for licensing hearings and an application for a premises licence. The primary focus of the meeting was an application for a Late Night Refreshment licence for Lakers, located at 271 Ilford Lane, Ilford.
Procedure for Licensing Hearings
The committee was scheduled to discuss the procedure for licensing hearings. This procedure outlines the steps to be followed during a hearing, including the presentation of the application by an officer, the order of evidence from the applicant, responsible authorities, and interested parties, and the subsequent summing up and decision-making process. The procedure also details that official notice of the decision will be sent to all parties within five working days.
Application for a Premises Licence - Lakers, 271 Ilford Lane, Ilford
The main item for discussion was an application for a premises licence for RK1 Trading Ltd, trading as Lakers, at 271 Ilford Lane, Ilford IG1 2SD. The application sought authorisation for the provision of late-night refreshment daily between 23:00 and 02:00 the following day, with the premises to be open to the public daily from 10:00 to 02:00.
The report pack indicated that the applicant described the premises as a 'take away' providing late-night refreshment both indoors and outdoors. It was noted that the premises had previously held a licence for the sale of alcohol from November 2016 until February 2021.
The committee was to consider the application in light of the Licensing Act 20031, the Statutory Guidance issued by the Home Office, and the Council's Statement of Licensing Policy2. A key consideration was that the premises is located within the Ilford Town Cumulative Impact Zone (CIZ)3. The council's policy states that within a CIZ, there is a rebuttable presumption that applications for new premises licences will be refused
due to a proliferation of late-night refreshment premises and off-licences contributing to issues such as street drinking, public nuisance, prostitution, litter, crime, and disorder. Applicants in such zones are required to demonstrate that their premises will not exacerbate these problems.
Representations were received from various parties, including the Metropolitan Police Service Licensing Team4, the London Borough of Redbridge Licensing Enforcement Team5, Councillor Zulfiqar Hussain6, and several other individuals: Jenny Choudhury, Kalsoom Aqil, Linda Speedwell, Shazada Ali, and Afzal Mussa. These representations largely objected to the application, citing concerns related to the prevention of crime and disorder, public safety, and public nuisance. Specific issues raised included the potential for increased anti-social behaviour (ASB), drug dealing, prostitution, noise, litter, and the impact on residents, particularly children, due to late-night operations in a residential area. The Metropolitan Police specifically objected on the grounds of the prevention of crime and disorder and the prevention of public nuisance, arguing that the applicant had not demonstrated exceptional circumstances to overcome the presumption against granting licences in the CIZ. The Licensing Enforcement Team also expressed concerns that the operating schedule was insufficient for a premises in a CIZ and PSPO7 area, and that granting the late hours would undermine the licensing objectives.
The report pack also outlined the legal and fairness implications, including considerations under the Human Rights Act 19988 and the Equality Act 20109. There were no direct financial implications for the council arising from the report. The committee was to decide whether to grant the application, grant it with conditions, grant it in part, or reject it.
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The Licensing Act 2003 is the primary legislation governing the sale of alcohol and the provision of entertainment and late-night refreshment in England and Wales. ↩
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The Statement of Licensing Policy sets out the council's approach to regulating licensed premises to promote the four licensing objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. ↩
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A Cumulative Impact Zone (CIZ) is an area where the concentration of licensed premises has led to a significant cumulative impact on the promotion of the licensing objectives. In such zones, there is a presumption to refuse new licences or extensions of hours unless exceptional circumstances are demonstrated. ↩
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The Metropolitan Police Service is a statutory
responsible authority
under the Licensing Act 2003, meaning they have the right to make representations about licence applications if they believe they will impact the crime and disorder licensing objective. ↩ -
The London Borough of Redbridge Licensing Enforcement Team is also a statutory
responsible authority
under the Licensing Act 2003, with the right to make representations concerning any of the four licensing objectives. ↩ -
Councillor Zulfiqar Hussain is a local councillor for Clementswood ward in the London Borough of Redbridge. ↩
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A Public Space Protection Order (PSPO) is a measure under the Anti-social Behaviour, Crime and Policing Act 2014 that can be used to tackle specific nuisances or problems in a defined area that have a detrimental effect on the quality of life of those in the locality. ↩
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The Human Rights Act 1998 incorporates the European Convention on Human Rights into UK law, guaranteeing rights such as the right to a fair hearing and the right to respect for private and family life. ↩
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The Equality Act 2010 protects people from discrimination on the basis of certain characteristics, including age, disability, race, religion, sex, and sexual orientation. Public bodies have a duty to have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations. ↩
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