LICENSING SUB-COMMITTEE7th December 2015

REPORT

Subject heading:

The Diner 13 Farnham Road Romford RM3 8ED Premises licence variation application

Report author and contact details:

Paul Jones, Licensing Officer 5th floor Mercury House 01708 432692

This application to vary a premises licence is made by Mr Alan Masters and Mr Michael O’Meara under section 34 of the Licensing Act 2003. The application was received by Havering’s Licensing Authority on 20th October 2015.

Geographical description of the area and description of the building

The Diner is located in a parade of purpose built commercial premises in Harold Hill. Residential accommodation is located directly above these commercial outlets. A map of the area is attached for reference.

Details of the application

Current premises licence hours are as follows:

Recorded music Day Start Finish Monday to Saturday 08:00 22:00 Sunday 09:00 17:00

Supply of alcohol Day Start Finish Monday to Saturday 11:00 22:00 Sunday 11:00 17:00 Christmas Day & New Year’s Day

09:00 22:00

Hours premises open to the public Day Start Finish Monday to Saturday 08:00 22:00 Sunday 09:00 17:00 Christmas Day & 08:00 22:00

Licensing Sub-Committee, 7th December 2015

New Year’s Day

Variation applied for:

Live music Day Start Finish Saturday 18:00 23:30 Christmas Eve & New Year’s Eve

18:00 00:30

Recorded music Day Start Finish Monday to Thursday 08:00 23:00 Friday & Saturday 08:00 00:00 Sunday 09:00 21:00 Christmas Eve & New Year’s Eve

08:00 00:30

Late night refreshment Day Start Finish Monday to Thursday 23:00 23:30 Friday & Saturday 23:00 00:30 Christmas Eve & New Year’s Eve

23:00 01:00

Anything similar to live music, recorded music or performance of dance (i.e. dancing by diners to live music) * Day Start Finish Saturday 09:00** 23:30 Christmas Eve & New Year’s Eve

09:00 00:30

* Spontaneous dancing by diners would not constitute a licensable activity. ** The application indicates 06:00; however, this has been confirmed as a typographical error.

Supply of alcohol Day Start Finish Monday to Thursday 11:00 23:00 Friday & Saturday 11:00 00:00 Sunday 11:00 21:00 Christmas Eve & New Year’s Eve

11:00 00:30

Licensing Sub-Committee, 7th December 2015

Hours premises open to the public Day Start Finish Monday to Thursday 08:00 23:30 Friday & Saturday 08:00 00:30 Sunday 09:00 21:30 Christmas Eve & New Year’s Eve

08:00 01:00

Comments and observations on the application

The applicant acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertising of the application. The required public notice was installed in the week ending 6th November 2015 edition of the Havering Yellow Advertiser.

Summary

There was one representation against this application from a responsible authority.

Details of representations

Valid representations may only address the following licensing objectives:

The prevention of crime and disorder The prevention of public nuisance The protection of children from harm Public safety

Responsible authorities’ representations

Enforcement and Appeals Technician Mr Sam Cadman makes representation against this application on the behalf of Havering’s Planning Service. Mr Cadman’s representation relates to the prevention of public nuisance licensing objective.

Artexing & Plastering

Building

Building

Gardening (Home Serv)

3300 Havering Yellow Advertiser, Week ending, Friday, November 6, 2015

I BUY CLOTHES, SHOES,BAGS perfume, jewellery, elec-trical goods, laptops, mobilephones etc for cash, call KarenTel: 01702 872587 or mobile:07958 508822

RECORDS BOUGHT LPALBUMS / 7" SINGLES {45's} /12" SINGLES. DISCO REGGAE+Jamaican music JAZZ FUNKROCK PUNK METAL. COLLEC-TIONS WELCOME. Call backavailable. RING 07788 209990.

TP CLIMBING FRAME WITHDEN platform, scrambling netand slide, £65. SCOOBY DOOHAUNTED HOUSE with figures,£7. BIG BOX OF POLLY POCK-ET, clothes, accessories etc. £7.BUZZ LIGHTYEAR DRESSINGUP OUTFIT, £4 . EARLY LEAN-ING DINO TRACK with lots ofdinosaurs, excellent condition£10. HM ARMED FORCES,never played with, 18" jet withsoldiers, quad bike with soldier,skado patrol with soldier, jeepand soldier, lots of soldiers,clothes, guns etc. Will sell sep-arately or as a bundle. Tel:07788 158076

GOLF TROLLEY electric, fullyfolding, very good condition,£100. LADIES MATCHINGGOLF CLUBS, Lynx, full set ofIrons, four woods, very goodcondition with bag £60 Tel:01268 751495

ARGOS DOUBLE WARDROBEwith cream polly cotton cover,wooden slatted shelves andhanging rail, very good condi-tion, bargain £20. IKEA VILMARWHITE DINING CHAIRS, metallegs, 4, vgc, bargain, £30. IKEAMELLTORP DINING TABLE,white, metal legs, very goodcondition, bargain, £25 Tel:01702 552631

LADIES BIKE £15. FOOT SPA£8. FISH TANK 38cm high x40cm wide x 20cm depth £8Tel: 01268 546370

BUYING OLD 80'S OR 90'SRETRO TOYS GamesConsoles, Computers,Electronics, CASH waitingsame day collection, text, call orwhatsapp 07919892270

DVD BOX SETS Big BangTheory, Rocky, Lethal Weapon,Hannibal, American Pie £5eachCHRISTMAS DVDS 10 U & PGFilms £5 Tel: 01708 459043

VENETIAN BLIND Black wood50mm slats W103cm D154cm£20. SILENTNIGHT single duvet10.5 Tog Hollowfibre & 2 pil-lows. £10 Tel: 01708 459043

VODAFONE SMART PRIME 6Mobile Phone, New. Unwantedpresent, pay as you go £50 Tel01268 733258 after 6pm.

BORDER FINE ARTS-MOTH-ER & BABY OWL £10. EAST-GATE WITHERNSEA 1960S 9"FAUNA TREE TRUNK VASE£20. SARAH COVENTRY 1970SPENDENT £10 Tel: 01708459043

GOOD CONDITION ACTIONMAN FIGURES complete withequipment in original boxesfrom £3 each. Tel: 01268762697

FLORIST SUNDRIES FORSALE also silk bouquet and twoposies, unused. To view Tel:07933 164769

BODY SCULPTURE EXER-CISE BIKE £25 or near offer Tel:01708 721196

I BUY CLOTHES, SHOES,BAGS, PERFUME junk jew-ellery, electrical goods such lap-tops, mobile phones etc forcash, call Karen Tel: 01702872587 or mobile: 07958508822

CHEST FREEZER Norfrost,colour white, 175 litre, goodworking order, £70 Tel: 07717400312

CROSS TRAINER excellentcondition, £50, no offers Tel:01268 424952

GAS CAST IRON BASKETFIRE with gas fittings £5O Tel01268 559295

Wanted

– Extensions – Loft Conversions– Refurbishments – Structural Alterations

– Family run company – Over 25 years experienceCall for FREE estimate & advice

01708 505 406 or 07903 177 840www.ashleysbuilding.co.uk

THE PIANO MAN, 20/30reconditioned pianos. Tuning,Removals, Rental scheme. Wecollect unwanted pianos. 01268541001, 01708 343455

LANDSCAPEGARDENERS

SERVICESAll Landscaping undertakeninc. Trees, Fencing, Patios,Driveways, Turfing, StumpGrinding and much moreCall for a FREE QUOTE

FULLY INSURED07921 131 96401708 502 688

Aaron’sTree Surgery

Tree reduction / removalPollarding ● Crown Lifting

● Hedge Trimming● Stump Removal

Fully NPTC Qualified£5 million Public Liability

InsuranceFree Estimates

01375 752 72707585 972 730

*ESTABLISHED 25 YEARS MANUFACTURING GARDEN SHEDSNew Road, Rainham, A1306 ●● 01708 557 819

www.rainhamsheds.co.uk

Find us on the London-bound A1306 New RoadSome sheds in stock, available for collection.

MANY MORE SIZES MADE TO ORDER. ALL PRICES INCLUDE VAT.

16x4 pent or apex £314.0017x5 pent or apex £385.0018x6 pent or apex £429.0010x6 pent or apex £605.0010x8 pent or apex £750.00

NO DEPOSIT REQUIRED!

RAINHAM SHEDSLog cabins now on display88xx66

AAppeexx BBuuddggeettffoorr ££331100

88xx66AAppeexx BBuuddggeett

ffoorr ££331100

Delivered and assembled free. Open 7 days a week.Some sheds available for quick delivery

Bargain Buys

Carpentry

Carpet&UpholsteryCleaning

Display Recruitment

ElectricalServices

Musical

Pets &Livestock

PublicNotices

WILSON STAFF GOLF BAG£20, Tel: 07734 109217

JOE SATRIANI TICKETS FORCLIFFS PAVILION Westcliffe on7th November, balcony seatrow G, £80 each or near offerTel: 07771 706586

LARGE QUANTITY OF INSUR-ANCE SALVAGE FABRIC largeremnants of French chiffon andcrepe de chine in lovely colours,denim, worsted, sequin piecesetc, many more styles, com-plete rolls of material, wouldinterest budding dress design-ers or theatre profession.Reasonable offers considered.Viewing by appointment. Tel:01268 545402

SOLID PINE OBLONG TABLEAND 4 CHAIRS not flat packideal shabby chic project, buyercollects in billericay, £95 onoTel: 07539482423

2 LOTS OF NEWBORN 3 mnthboys clothes 61 items in eachinc vests jackets tshirtsetc,quality some not worn p/f &s/f home,not ironed. £20 each.1 LOT OF 0-3MNTH BOYSCLOTHES 68 items,inc jacketsvests trousers etc quality somenot worn p/f&s/f home notironed £25 Tel: 07947407341Canvey

GARAGE CLEARANCE somehand tools Work wear, hi vizwinter gear (new and used).Motorcycle luggage and cloth-ing. Open to offers. Tel: 07547413662

TO ADVERTISE TELEPHONE BASILDON (01268) 503400

WANTEDGOOD

HOMESFOR

RETIREDGREYHOUNDS

Ring Paton

01708 551 689Email: Pat@greyhoundhomer.co.ukWeb: www.greyhoundhomer.co.uk

(Charity 269668)

FULLY QUALIFIED ELECTRI-CIAN, rewires extra sockets andlights etc. One man businessestablished for 12 years. Pleasephone Colin 01708 475483

AALLLLCCAARRPPEENNTTRRYYwwwwww..aallllccaarrppeennttrryy..ccoo..uukk

Staircases, LaminateFlooring, Skirting, Dado

Rails, Kitchens,Wardrobes.

Doors fitted from £25Guild Qualified

30 years ExperienceCCaallll SStteevveenn

0011770088 552255668822MMoobb 0077995500 338844559955

UP TO18m2

SINGLEGARAGE

SIZE

NEW GARAGE ROOFSNEW GARAGE ROOFSGUARANTEED 20 YEARS

PRICES INC. ASBESTOS REMOVED AND REPLACED WITH 18mm.PLY TIMBER FRAME, UNDERLAY & TOP SHEET, NO NEED TO

EMPTY GARAGE ★ 30 YEARS CITY & GUILDSFOR FREE ESTIMATES CALL LES ON

01268 418 579 / 07926 105 354£760.00 INC VAT

BEST LOCALCARPET CLEANERS

We clean carpets,upholstery, rugs,

curtains, mattresses andleather furniture.Quality service.

Affordable prices.01708 921 86707825 835 777

in print,online

and mobile

London Borough of HaveringTown Hall, Main RoadRomford, RM1 3BDTel: 01708 434343

The Diner, 13 Farnham Road

Date: 20 October 2015Scale: 1:1000

© Crown copyright and database rights 2015Ordnance Survey 100024327

LAPR12.doc Misc. Act.011665/PJJ04706

Part A

Premises licence number 11665

Part 1 – Premises details

Postal address of premises

The Diner 13 Farnham Road Romford RM3 8ED

Where the licence is time limited the dates

Not applicable

Licensable activities authorised by the licence

Recorded music, supply of alcohol

The times the licence authorises the carrying out of licensable activities

Recorded music Monday to Saturday – 08:00 to 22:00

Sunday – 09:00 to 17:00

Supply of alcohol Monday to Saturday – 11:00 to 22:00

Sunday – 11:00 to 17:00 Christmas Day & New Year’s Day – 09:00 to 22:00

The opening hours of the premises

Monday to Saturday – 08:00 to 22:00 Sunday – 09:00 to 17:00

Christmas Day & New Year’s Day – 08:00 to 22:00

Where the licence authorises supplies of alcohol whether these are on and/ or off supplies

On supplies only 1 of 6

Part 2

Name, (registered) address, telephone number and email (where relevant) of holder of premises licence

Mr Alan Masters 70 Birch Road Romford RM7 8EP

07958 286209 / 01708 788924 &

Mr Michael O’Meara 69 Birch Road Romford RM7 8EP

07808 730304 / 01708 765155

Registered number of holder

Not applicable

Name, address and telephone number of designated premises supervisor where the premises licence authorises for the supply of alcohol

Mrs Susan Diane Lake 4 Meadow Close Romford RM3 7TY

01708 376110

Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol

8026 – London Borough of Havering

Mandatory conditions 1. No supply of alcohol may be made under the premises licence:

(a) at a time when there is no designated premises supervisor in respect of the premises licence, or

(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

2. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

3. (1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2) In this paragraph, an irresponsible promotion means any one or more of the following: activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children – (a) games or other activities which require or encourage, or are designed

to require or encourage, individuals to – 2 of 6

Misc. Act./011665/PJJ04706

Mandatory conditions – contd.

(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii) drink as much alcohol as possible (whether within a time limit or otherwise);

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;

(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent upon – (i) the outcome of a race, competition or other event or process, or (ii) the likelihood of anything occurring or not occurring;

(e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.

4. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

5. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

6. The responsible person shall ensure that – (a) where any of the following alcoholic drinks is sold or supplied for

consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures– (i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml; and

(b) customers are made aware of the availability of these measures. 7. (1) The premises licence holder or club premises certificate holder shall ensure

that an age verification policy applies to the premises in relation to the sale or supply of alcohol. (2) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.

3 of 6

Annex 2 – conditions consistent with the operating schedule 1. Notices shall be displayed:

showing the opening and closing times of the premises on all days of the week;

asking customers to conduct themselves in an orderly fashion and to cause no nuisance to residents or passers-by;

warning customers of potential criminal activity in the premises; warning customers not to bring drugs onto the premises; asking customers to leave the premises and the area quietly; not to stand outside talking late at night.

2. No outside solicitation of passers-by to purchase from the premises shall take place.

3. A log book shall be kept on the premises listing statutory inspections. 4. Access for emergency vehicles shall be provided. 5. Queues of customers shall not obstruct public exits. 6. All shop fittings, seating, lighting, heating, electrical and ventilation

installations, sanitary accommodation and washing facilities shall be adequately maintained.

7. Floor surfaces shall be non-slip and there shall be no hanging curtains obstructing or concealing doorways.

8. Seating shall not obstruct exits and there shall be adequate lighting and ventilation.

9. No explosive or highly flammable materials shall be brought onto or kept on the premises and no smoking shall be permitted there at any time.

10. There shall be no noise above background levels and noise standards shall have full regard to BS4142.

11. Receptacles for rubbish shall be provided in the premises and if provided outside shall be removed at the close of business each day.

12. Refuse shall be stored securely, it shall be removed from the premises the next day and there shall be no bin movement after 23:00 each day.

13. All cooking facilities shall be regularly maintained in order not to cause any noise nuisance.

14. Bottles and noisy receptacles shall not be handled late at night. 15. Proof of identification shall be demanded when doubt arises over the age of a

customer attempting to buy alcohol. 16. Staff shall be trained to deal with emergencies and in particular be able to carry

out first aid on a customer if so required. 17. If a taxi operator is to be displayed in the premises then a specific operator shall

be named and nominated by the premises’ owner. 18. Any taxis supplied by the nominated provider shall not sound horns, idle

engines late at night and taxi drivers shall be made aware of the need to avoid nuisance to local residents at late hours.

19. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer.

20. All entry and exit points shall be covered by CCTV cameras enabling frontal identification of every person entering in any light condition.

21. The CCTV system shall continually record while the premises is open for the provision of licensable activity 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.

4 of 6

Misc. Act./011665/PJJ04706

Annex 2 – conditions consistent with the operating schedule – contd. 22. CCTV recordings shall be made available immediately upon the request of the

Police or an authorised officer throughout the preceding 31 day period. 23. The supply of alcohol at the premises shall only be to a person seated taking a

table meal there and for consumption by such a person as ancillary to their meal.

24. The supply of alcohol shall be by waiter or waitress service only. 25. A proof of age scheme such as Challenge 21 or 25 shall be operated at the

premises where the only acceptable forms of identification are recognised photographic identification cards such as a driving licence or passport.

26. An incident log shall be kept at the premises and made available on request to an authorised officer of the council or the Police which shall record the following:

all crimes reported to the venue; all ejections of patrons; any complaints received; any incidents of disorder; any faults in the CCTV system or searching equipment or scanning

equipment; any refusal of the sale of alcohol; any visit by a relevant authority or emergency service.

27. Patrons temporarily leaving and re-entering the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

28. A log shall be kept detailing all refused sales of alcohol. The log shall include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the Police or an authorised officer of the council at all times when the premises is open.

29. Any person under 18 years of age must be accompanied by an adult after 20:00. 30. The licence holders and designated premises supervisor shall liaise with the

local safer neighbourhood Police on a regular basis.

Annex 3 – conditions attached after a hearing by the Licensing Authority 1. The premises’ incident log shall be hard-bound and not loose-leaf.

5 of 6

Annex 4 – Premises plans Full premises plans are held by the Licensing Authority of the London Borough of Havering. The plans reproduced below are not to scale:

6 of 6

Misc. Act./011665/PJJ04706

Part B

Premises licence summary

Premises licence number 11665

Premises details

Postal address of premises

The Diner 13 Farnham Road Romford RM3 8ED

Where the licence is time limited the dates

Not applicable

Licensable activities authorised by the licence

Recorded music, supply of alcohol

The times the licence authorises the carrying out of licensable activities

Recorded music Monday to Saturday – 08:00 to 22:00

Sunday – 09:00 to 17:00

Supply of alcohol Monday to Saturday – 11:00 to 22:00

Sunday – 11:00 to 17:00 Christmas Day & New Year’s Day – 09:00 to 22:00

The opening hours of the premises

Monday to Saturday – 08:00 to 22:00 Sunday – 09:00 to 17:00

Christmas Day & New Year’s Day – 08:00 to 22:00

Where the licence authorises supplies of alcohol whether these are on and / or off supplies

On supplies only 1 of 2

Name, (registered) address of holder of premises licence

Mr Alan Masters 70 Birch Road Romford RM7 8EP

& Mr Michael O’Meara

69 Birch Road Romford RM7 8EP

Registered number of holder

Not applicable

Name of designated premises supervisor where the premises licence authorises for the supply of alcohol

Mrs Susan Diane Lake

State whether access to the premises by children is restricted or prohibited

Restricted 2 of 2

Formal Written Representations from Planning Services

“The Diner”, 13 Farnham Road, Romford, RM3 8ED

Summary This written representation is submitted to object to the variation to the licence in connection with the property known as “The Diner”, located at 13 Farnham Road, Romford, RM3 8ED. This is raised in direct relevance to the licensing objection specific to the “Prevention of Public Nuisance”. Site description: The site is situated on the east side of Farnham Road, on the ground floor of a 4-storey building which has a parade of shops on the ground floor. The site is located in very close proximity to many residential homes, with 3-storey residential units in the form of flats located directly above the application site (which is the same along the parade of shops on the eastern side of Farnham Road), as well as residential dwelling houses located nearby in Newbury Gardens and Chippenham Road. Consideration for representation. A planning application was submitted under reference P1796.10 for the “Change of Use from Class A1 to Class A3 and installation of extract ducting to the rear.” This was granted on 23rd May 2011, and there were several conditions attached to the development, including:

2. The premises shall not be used and no deliveries shall be made other than between the hours of 08.00 hours and 22:00 hours on Mondays to Saturdays and between 09:00 and 17:00 hours on Sundays without the prior consent in writing of the Local Planning Authority.

There have been several planning applications since, but none have altered or changed the use of the property or have removed or changed the hours of operation. In granting this planning permission [P1796.10] for the use of the premises, consideration was given to the prevention of public nuisance; and most notably to the local residents located in close proximity. The application to vary the licence seeks to have the use operating outside of the times previously approved by planning; which have not been appealed against or challenged / changed since. As this is the case, planning would object to the application as it seeks to have use operating past these approved times until the late hour (being open until 24:30hrs on a Saturday night); and would be contrary to the licencing policy 007. This would increase the noise and activity in the late evening / night time (when there is a lower ambient noise level in the area) to a level that has not been prevalent to the distress of the local residents and to the general public, and is also deemed unacceptable and neighbourly; and contrary to Licencing policy 008. Furthermore, allowing alcohol to be served from 11:00hrs until 24:00hrs may increase the chance of persons under the influence loitering in the nearby areas, causing anti-social behaviour; which may be especially prevalent given the large pedestrianized areas; most notably along Hildene Avenue. The only way that the concerns of planning services would be alleviated would be to grant a conditional licence; limiting the opening hours to those stated in the planning condition above, and the model conditions set out under the licencing policy (Conditions PN1-PN23). It must also be noted that any unauthorised development or use is liable for enforcement action. There are also outstanding planning issues with regards to the discharge of conditions for application P1796.10; which will now be addressed by the planning enforcement team.