Agenda item
Application by the Metropolitan Police to review the premises licence for 'The Lounge' (Unit 5 Unimax House, Abbey Road, London, NW10 7TR) pursuant to the provisions of the Licensing Act 2003
The review of the premises licence follows an expedited view of the premises licence that was considered by Alcohol and Entertainment Licensing Sub-Committee (A) on 3 July 2014.
Decision:
Having considered the application by Brent Police to review the premises licence for ‘The Lounge’ (Unit 5, Unimax House, Abbey Road, London, NW10 7TR) pursuant to the provisions of the Licensing Act 2003, the Sub-Committee resolved that the premises licence be revoked.
The Alcohol and Entertainment Licensing Sub-Committee (B), having carefully considered the application, felt that there was overwhelming evidence in the Police’s representation that there had been significant breaches of the licensing objectives (prevention of crime and disorder, ensuring public safety, prevention of public nuisance and protection of children from harm) and the premises licence. In particular, the seriousness of the crime and disorder incidents in the early hours of 29 June 2014 involving a shooting and wounding of one customer, and the injuries of another involved in a fight, were all relevant factors and thus taken into account during the committee’s decision making process. In addition, the breaching of various conditions on the premises licence and the apparent lack of licensing knowledge and day to day management of the premises were further material considerations. It was also noted that the premises licence holder had not set out precisely to the Sub-Committee how he intended to prevent such incidents occurring in future, such as suggesting some conditions which may have helped him uphold the licensing objectives thereby demonstrating a firm commitment of change. Members noted that the licence premises holder had not been trading for very long, however, given the bad management decisions and poor judgement displayed, he had not showed himself to be a fit and responsible person for holding a premises licence. The decision to revoke the premises licence was not taken lightly by members as the sub-committee is not in the habit of closing down premises without full justification for doing so having regard to the four licensing objectives, however, the evidence put forward by the Police as aforesaid was highly influential when deciding what action should be taken given the extent of the Sub-Committees powers contained under section 53C (3) of the Licensing Act 2003.
In view of the salient points above, the Sub-Committee felt that it was just reasonable and proportionate in all of the circumstances of the case to revoke the premises licence.
The Sub-Committee during its decision making process considered all of the evidence having regard to the Council’s Statement of Licensing Policy, amended guidance issued under section 182 of the Licensing Act 2003 and the licence holders human rights under the Human Rights Act 1998 (namely Article 6, Article 8 and Article 1 of the First Protocol). Accordingly, in all of the circumstances of the case it was felt that the decision of the Sub-Committee was reasonable and proportionate.
Minutes:
RESOLVED:
having considered the application by Brent Police to review the premises licence for ‘The Lounge’ (Unit 5, Unimax House, Abbey Road, London, NW10 7TR) pursuant to the provisions of the Licensing Act 2003, the Sub-Committee resolved that the premises licence be revoked.
The Alcohol and Entertainment Licensing Sub-Committee (B), having carefully considered the application, felt that there was overwhelming evidence in the Police’s representation that there had been significant breaches of the licensing objectives (prevention of crime and disorder, ensuring public safety, prevention of public nuisance and protection of children from harm) and the premises licence. In particular, the seriousness of the crime and disorder incidents in the early hours of 29 June 2014 involving a shooting and wounding of one customer, and the injuries of another involved in a fight, were all relevant factors and thus taken into account during the committee’s decision making process. In addition, the breaching of various conditions on the premises licence and the apparent lack of licensing knowledge and day to day management of the premises were further material considerations. It was also noted that the premises licence holder had not set out precisely to the Sub-Committee how he intended to prevent such incidents occurring in future, such as suggesting some conditions which may have helped him uphold the licensing objectives thereby demonstrating a firm commitment of change. Members noted that the licence premises holder had not been trading for very long, however, given the bad management decisions and poor judgement displayed, he had not showed himself to be a fit and responsible person for holding a premises licence. The decision to revoke the premises licence was not taken lightly by members as the sub-committee is not in the habit of closing down premises without full justification for doing so having regard to the four licensing objectives, however, the evidence put forward by the Police as aforesaid was highly influential when deciding what action should be taken given the extent of the Sub-Committees powers contained under section 53C (3) of the Licensing Act 2003.
In view of the salient points above, the Sub-Committee felt that it was just reasonable and proportionate in all of the circumstances of the case to revoke the premises licence.
The Sub-Committee during its decision making process considered all of the evidence having regard to the Council’s Statement of Licensing Policy, amended guidance issued under section 182 of the Licensing Act 2003 and the licence holders human rights under the Human Rights Act 1998 (namely Article 6, Article 8 and Article 1 of the First Protocol). Accordingly, in all of the circumstances of the case it was felt that the decision of the Sub-Committee was reasonable and proportionate.
Supporting documents:
- REVIEW REPORT - The Lounge Unit 5 Unimax House Abbey Road London NW10 7TR, item 5. PDF 40 KB
- The Lounge Summary Review, item 5. PDF 82 KB
- The Lounge Bundle, item 5. PDF 537 KB
- Restricted enclosure View the reasons why document 5./4 is restricted
- Supp-The Lounge Review 2014.07.24, item 5. PDF 36 KB
- Supp-The Lounge CRIS reports doc 18 7 14, item 5. PDF 69 KB
- Supp-The Lounge-c100929_180720140303_023 pdf, item 5. PDF 2 MB
- Supp-Expedited_Decision_Letter_to_Licensee, item 5. PDF 74 KB