Agenda item

The application

The application as submitted sought a premises licence to supply alcohol for both on and off sales, at the premises to include the front patio private forecourt (but to exclude the rear garden) from 11.00 hours to 19.00 hours Monday to Sundays. The  opening hours sought were 07.00 hours to 19.00 hours Monday to Sundays.

The applicant requested that the application be amended so that the licence would authorise the supply of alcohol from Monday to Saturdays between 11.00 hours to 17.30 hours. The opening hours sought would be correspondingly altered from 07.00 hours to 17.30 hours Monday to Saturday. The applicant also requested that the application plan be amended so that the front door and stairway of the flat above the premises be excluded from the licensed area.

 The case for the applicant

The Committee was addressed by the applicant, a resident of the flat above the premises and by an agent from ESI Licensing. We were advised that the café was a longstanding business that sought to get on with its neighbours. The cafe offered breakfasts and lunches and had closed at 3pm. The business had been badly affected by the pandemic and had decided to respond to suggestions from customers that the offer should include the opportunity to order a drink with the food. The intention was to maintain a family atmosphere and alcohol would only be served with a meal. The business had already shown it was capable of running a licensed premises as it had been granted temporary event notices without complaints. The applicant confirmed that she would agree to an amendment of the conditions suggested in the operating schedule to require that for sales on or off the premises, alcohol will only be supplied ancillary to a substantial meal.

The case for the objectors

In addition to the written representations, the Sub-Committee was addressed by ward councillor Simon Jeal and by one of the objectors. The residential nature of the surrounding area was emphasised. The objectors felt that the supply of alcohol would adversely affect the current balance between the various uses in the vicinity which would in turn adversely impact on residents in terms of noise.

Reasons for decision

Members considered the amended application, the written and oral representations, the Council’s Statement of Licensing Policy and statutory guidance. They concluded that with the amended hours, with a requirement that the supply of alcohol to be ancillary to a substantial meal and with the licensed area being altered to exclude the front door and staircase of the flat above, that the amended application could be permitted without harm to the licensing objectives.

Members considered the amended application to be a modest one in keeping with the surrounding area which was a busy road with bus routes. Members did not feel there was a justified concern in respect of the prevention of the conditions set out in public nuisance or crime and order licensing objectives if the application was granted, which in any case, should it arise, could be subject to the review process.

At the hearing there was some discussion concerning the garden area at the rear. This had not been included in the application and would need to be the subject of a separate application if, in the future, it was intended to use the garden as part of the licensed premises.

Decision

That the application for a premises licence be permitted as follows:

1.  the supply of alcohol be authorised from Monday to Saturdays between 11.00 hours to 17.30 hours.

2.  the opening hours be authorised from 07.00 hours to 17.30 hours Monday to Saturday.

3.  the application plan be amended so that the front door and stairway of the flat above the premises be excluded from the licensed area.

4.  The conditions set out in section 18 of the application form be applied save that the fifth condition on page 18 shall be amended to read “Alcohol will only be supplied, whether on or off the premises, ancillary to a substantial