Agenda item

Mr Slaney pointed out that the application had been amended to stop alcohol sales at 21:30 rather than 22:00.

Applicant’s Case:

The premises currently sold hot and cold drinks as well as food and customers had expressed a wish for alcohol to be on sale as well. 

Questions to the applicant:

Cllr Webber asked if alcohol would be sold through delivery apps. The owner said it would not.

Cllr Stevens asked about the park closing time. The owner said the rear door that had access to the park could be locked earlier than 8 pm, so it was not open when the park was closed.

In response to questions from the licensing officer, the owner confirmed there were no plans for live entertainment outside during the summer, nor were there  speakers projecting outside.

Objectors’ case:

There were no objectors present. 

The licensing officer offered to read out the representations from Cllr Mrs Botting, however Members said they had already noted them in the agenda pack.

Final comments from applicant:

The owner stated the premises were used by a wide range of customers and that its use brought activity and natural surveillance to the park.

Summary of decision:

Following an adjournment, Members returned and the Chairman announced the licence would be granted subject to the conditions agreed between the applicant and police but with an amended condition 1.

Reasons

The following are the reasons for the decision.

The Licensing Sub-Committee carefully considered the application for a new premises licence at Lopeto Cafe at Priory Gardens High Street Orpington BR6 0HH.  In doing so, they had regard in particular to:

-  The four licensing objectives

-  The Council’s current Statement of Licensing Policy

-  The Secretary of State’s guidance issued under section 182 of the Licensing Act 2003 (December 2022)

-  The application and all representations 

Members noted the absence of any objection from any responsible authority.  In relation to the police, they did not object provided that their conditions were attached, which the applicant said they agreed to.  Members were therefore reassured in relation to the prevention of crime and disorder.

Members took into account the Council’s Statement of Licensing Policy, that the access of children to licensed premises would only be limited where it was necessary for the prevention of physical, moral or psychological harm (P27).  No such harm was identified.  There was no objection from the Child Protection Team, and the applicant agreed to a Challenge 25 scheme condition.  Members therefore reached the conclusion that children would be protected from harm.

In particular, in light of the training and incident register conditions, there was no reason for Members to believe public safety would be at risk.

When it came to public nuisance, Members took the concerns raised by local residents seriously, as well as the comments of the ward councillor.  Members were conscious though that pre-existing problems could not be visited upon the applicant.  The premises was not in an area of cumulative impact, there were no complaints about the current manner in which the premises were being operated or used, and there was some distance to residential properties. The applicant had agreed to a condition prohibiting vertical drinking and the premises would be a café rather than a pub or bar. The applicant had also amended the application to bring forward last sales to 30 minutes before closing.  Condition 1 would help protect the public, but in order to be consistent, Members decided that it should be revised to make the time of locking the rear door the same as the closing of the park.

On balance, Members were satisfied that any public nuisance would not be disproportionate or unreasonable.  Accordingly, the objective of preventing public nuisance would be met.

The Licensing Sub-Committee therefore decided to grant a new premises licence for Lopeto Cafe at Priory Gardens High Street Orpington BR6 0HH in accordance with the application as amended, for the supply of alcohol to finish at 21:30 and subject to the agreed conditions as set out on pages 42 and 43 of the hearing bundle, but with condition 1 amended to read “The rear door that has access to the park will be closed and locked at the same time as when the park is closed.”  Those conditions were necessary in order to uphold the licensing objectives.