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Committee Report - Eagle & Child

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					                               LONDON BOROUGH OF NEWHAM

                          LICENSING SUB-COMMITTEE 10th July 2002

                                                                           AGENDA ITEM
                                                                               NO.




                                                                      DRN No.



SUBJECT: OBJECTION TO RENEWAL OF PUBLIC MUSIC & DANCING LICENCE IN
         RESPECT OF THE EAGLE & CHILD P.H. WOODGRANGE ROAD, FOREST
         GATE.


SOURCE:
                             LICENSING AND REGISTRATION,
                              COMMERCIAL SERVICES UNIT


WARD AFFECTED:               FOREST GATE


Explanatory Summary:

      To determine an objection to the application for renewal of an annual music and dancing licence in
      respect of Eagle & Child P.H. 112 Woodgrange Road, Forest Gate, London E7 0EW.

Implications:

(a)   Legal and Financial:

      The procedure for determining the granting of a Public Entertainment Licence is ‘quasi-judicial’;
      that is to say, a set format is adopted to ensure fair representation of the relevant facts by all
      parties. Should the applicant appeal against the decision by Members, the manner in which the
      licence was determined will be one of the factors considered by the Magistrate’s Court.

(b)   Service Delivery:

      The Council has a commitment to improve safety and a statutory duty to protect the public, both
      local and visitors, who resort to places providing entertainment in the Borough. There are no
      additional cost for staffing incurred for out of hours, weekend or public holiday working, due to
      the way the Licensing and Registration has been established.
(c)     Equality:

        There are no specific implications relating to either race or gender, as it is understood that the
        premises are open to all.
        It is the responsibility of the Council as the Local Licensing Authority to ensure that wherever
        practicable; premises have sufficient and suitable access and facilities for disabled persons.

Recommendations:

That members consider the objection from a local resident, there have been no objections received from
the statutory services. If Members having reached a decision, are minded to grant this licence, the licence
should be issued subject to the Council’s standard conditions.




Originator of Reports:         Mike Casey                                     Steve Miller
                               Principal Licensing Surveyor                   Head of Environment and
                                                                              Commercial Standards
Date:                          25th June 2002



Reference:                     ENT/098/AN




Local Government (Access to Information) Act, 1985
Background papers used in preparing this report:
London Government Act 1963 (As Amended)
London Local Authorities Act 1995 Part V
The Disability Discrimination Act 1995
Newham Council’s Technical Regulations and Rules of Management for Places of Public
Entertainment
Entertainment Licensing Files for the premises
Procedural notes adopted by the Entertainment Licensing Sub-Committee
                    SUMMARY OF THE APPLICATION:


PREMISES:                         Eagle & Child P.H.
                                  112 Woodgrange Road,
                                  Forest Gate,
                                  London, E7 0EW




WARD:                             Forest Gate




APPLICANT:                        Conor James McAvinchey




TYPE OF LICENCE:                  Music and Dancing,




LICENSED AREA:                    Ground floor bar area
                                  First floor function room



MAXIMUM NUMBER OF PERSONS:        Ground floor bar area 250 persons
                                  First floor function room 96 persons




LICENSED HOURS:                   Sunday to Wednesday
                                  12:00 noon to 12 Midnight
                                  Thursday to Saturday
                                  12:00 noon to 5:00 a.m. the following morning.
                                  Eagle & Child Public House,
                        112 Woodgrange Road, Forest Gate, London E7 0EW

1.0.   This is an application for renewal of an Annual Music and Dancing Licence for the Eagle & Child
       P.H. 112 Woodgrange Road, Forest Gate, London E7. The current licensed hours are Sunday to
       Wednesday 12 noon to 12 midnight, Thursday to Saturday 12 noon to 2:30 the following morning.
       The maximum number of persons to be accommodated at any one time for public music and
       dancing is 250 person’s ground floor bar and 96 persons first floor function room. Members
       granted the licence for these premises at their meeting dated 9th October 2001.

1.2.   The application for renewal of this licence application has been made in accordance with the
       Councils regulations, and has attracted one objection from a local resident, however no objections
       have been received from the statutory services.

1.3    The objection received from Mr Lovatt is based on noise disturbance (see appendix 1).

1.4    The Councils Noise Team has served a Section 80 Noise Abatement notice on the occupiers of the
       premises on 12th December 2001 (copy attached as appendix 2). As a consequence when the
       licence renewal application was submitted letters where sent to the four other residents who had
       previously complained about noise disturbance. These letters included guidance notes should they
       wish to object to the licence renewal. No replies where received from these residents.

1.5.   It should be noted that an applicant who has an application refused or is aggrieved by the terms,
       conditions or restrictions to which the licence is subject has a right of appeal from the Councils
       decision to the Magistrates Court

4.0.   CONCLUSION

4.1.   That the Licensing Sub-Committee should consider the objection from Mr Lovett

				
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