Content

In reaching its decision, the Licensing
Sub-Committee (“LSC”) considered the Council’s
Statement of Licensing Policy, the Licensing Act 2003, the
Regulations made thereunder, and the Guidance issued by the
Secretary of State under S.182 of that Act. In discharging its
functions, the LSC did so with a view to promoting the licensing
objectives of the prevention of crime and disorder, public safety,
the prevention of public nuisance and the protection of children
from harm. 
 
Having considered all written representations,
evidence, and oral submissions, the LSC resolved to grant a
premises licence.
 
Permitted Licensable
Activities:
 
Supply of alcohol for consumption on the
premises 11am – 10.30pm daily.
 
The Premises Licence
shall be subject to the following conditions:
 
A comprehensive CCTV system shall be fully
maintained and have a minimum storage capacity of thirty-one (31)
days recording with date- & time-stamping. All entry points
shall be covered enabling evidential-quality facial identification
of every person entering the premises and cameras viewing till
areas shall capture frames of not less than 50% on-screen. At least
one member of staff who is capable of operating the CCTV system and
downloading images shall be on duty at all times. Recordings shall
be made available on demand for inspection by Police and
“authorised persons” (as defined by Section 13 of the
Licensing Act 2003). When CCTV is not operating, no licensable
activities shall take place on the premises.
 
2. There shall be a minimum of two (2) cameras
outside capturing the approach to the entrance of the premises from
all directions. During opening times, the CCTV system shall operate
in colour with wide-angled cameras, and operate under existing
light levels both indoors and outside
 
3.The CCTV system shall capture all areas
accessible to public within licensed premises, except for toilets.
A dedicated monitor shall be available to staff to review images
and play back footage on demand.
 
4. The premises licence holder (or a
representative thereof) shall perform maintenance of the CCTV
system in accordance with the manufacturers’ guidelines and
recommended timeframe. All cameras shall be kept clean and clear of
obstructions and signage, including seasonal displays. The premises
shall perform a test of the CCTV every fourteen (14) days. This
shall include, but not be limited to, confirmation of playback of
31-day-old footage. This shall be recorded in a log with the time
& date of the test and name of the staff member completing. The
log shall be made available on demand for inspection by Police and
“authorised persons” (as defined by Section 13,
Licensing Act 2003).
 
5. The CCTV control unit / equipment must be
located in a locked, secure area to which general members of the
public have no access.
 
6. The CCTV system must have a suitable export
method, e.g., a CD or DVD writer, etc, so that the Police can make
an evidential copy of the data they require. This data must be in
the native file format, to ensure no image quality is lost when
downloading the copy. If this format is non-standard, i.e.,
manufacturer proprietary, then the manufacturer must supply the
replay software to ensure that the CD or DVD footage, etc, can be
replayed by the Police on a standard computer.
 
7. Signage shall be conspicuously displayed
throughout the premises advising the CCTV is in operation.
 
8. An Incident & Refusals Record, kept in
written form, shall be maintained at the premises and made
available on request to the Police or an authorised officer of the
Licensing Authority (as defined by Section 13, Licensing Act 2003)
upon request. The Incident & Refusals Record shall record:
a) Any complaints received in connection with
the licensable activity permitted at the premises;
b) Any refusal to sell alcohol at the
premises, including the date & time of the refusal, why the
sale was refused, and the name of the staff member refusing it;
c) Any incidents of crime, disorder, or
nuisance at the premises;
d) Any visit to the premises by a Responsible
Authority (as defined by Section 13, Licensing Act 2003, in
connection with licensable activities permitted at the
premises;
e) Any faults in the CCTV system. An entry
shall be made every fourteen (14) days as a minimum, confirming a
successful test of the CCTV system, with details of the staff
member also recorded.
 
9. ‘Challenge 25’ proof of age
scheme shall be operated at the premises where the only acceptable
forms of identification are recognised photographic identification
cards. The following forms of identification are acceptable:
Photo driving licence; passport; Proof of Age
Standards Scheme (PASS) card; Connexions Card; Citizen’s
Card; military or European Union ID; and any other locally or
nationally approved form of identification with a photo and date of
birth of the bearer.
 
10. All staff involved in the sale or supply
of alcohol shall be trained, as part of their induction, in the
responsible sale of alcohol. Such training shall include
challenging every individual who appears to staff to be under 25
years of age (“Challenge 25”); to refuse service where
individuals cannot produce acceptable means of ID, or appear to be
intoxicated; and using the Incident & Refusals Register. Such
training (including any refresher training) shall be recorded in a
Staff Training Log and repeated every twelve (12) months as a
minimum. This Log shall be made available on demand for inspection
by Police and “authorised persons” (as defined by
Section 13, Licensing Act 2003).
 
11. Signage shall be conspicuously displayed
in the premises in customer facing areas to advise customers that
suitable proof of age documentation shall be required for all
purchasers who appear to staff to be under 25 years of age.
 
12. There shall be no sale or supply of
alcohol on the premises otherwise than to persons having table
meals there and for consumption by such a person as an ancillary to
their meal. There shall be no off-sales of alcohol.
 
13. “It’s A Crime!” notices
(or similar) shall be displayed inside the premises stating that it
is an offence for any person under 18 years of age to purchase
alcohol, or for it to be purchased on their behalf, by a person
over 18 (proxy sales).
 
14. There shall be a minimum of four (4)
members of staff on duty when the premises is open for licensable
activity. This shall include at least one personal licence
holder.
 
15. There shall be no self-service of alcohol
by any customer at any time.
 
16. No super-strength beer, lagers, ciders, or
spirit mixtures of 6.5% ABV (alcohol by volume) or above shall be
sold at the premises, except for ‘craft’ or
‘premium’ brands supplied in glass bottles and
pre-agreed with the Police and Licensing Authority.
 
17. The premises shall display clear signage
near to its exits to remind customers to leave quietly and be
respectful of nearby residential properties and businesses.
 
18. In line with the premises layout plan, all
emergency exits shall be kept clear of obstruction at all times and
fire appliances, etc, shall be checked annually by a duly qualified
person.
 
 
 
Basis of
Decision
 
The LSC noted the revised
application for the premises licence with the terminal hour for
alcohol sought now being 10:30pm, and that the police had withdrawn
their written representations upon the applicant agreeing
conditions proposed by the police, the main one being that the
supply of alcohol would only be ancillary to a table meal, the
premises being a food led venue.
 
The LSC noted that no other
Responsible Authorities, including environmental health, had made
written representations to the application.
 
The LSC had regard to the
premises not being within a Cumulative Impact Zone.
 
The LSC gave due regard to the
oral submissions from residents relating to the potential for noise
and other nuisance from the grant of the alcohol licence, the
submissions regarding the licence being sought for the supply of
alcohol beyond 7pm daily, and the submission regarding protection
children from harm because of the close proximity of the premises
to a nursery and playground and also to nearby open space used by
children. Whilst noting the submissions, the LSC were not persuaded
that the grant of the licence would impact upon the protection of
children from harm licensing objective.
 
The premises is a restaurant
which will only serve alcohol to customers ordering a table meal.
There is no provision to supply alcohol for consumption off the
premises. The LSC also noted that whilst the River Gardens
Café may close at 7pm, its premises licence permitted those
premises to sell alcohol until 10pm daily.
 
The LSC were of the view that
there would not be an adverse impact upon the licensing objectives
by the grant of the premises licence. The concerns of the residents
relating to increase in noise and nuisance, alcohol related
anti-social behaviour, and littering were concerns of risks of such
outcomes materialising, however, the concerns were not supported by
information relating to ongoing public nuisance, anti-social
behaviour and littering or evidence that there would be such public
nuisance or risks to children.
 
The conditions attached to the
premises licence, including that of alcohol only being provided
ancillary to a table meal, will promote the licensing
objectives.               
 
Any party aggrieved by the decision of the
Licensing Sub-Committee may appeal to the magistrates’ court
within 21 days.