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The Licensing sub-committee in considering this decision
from the information presented to it within the report and at the
hearing today has determined that having regard to the promotion of
all the licensing objectives:
 
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The prevention of crime and disorder;
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Public safety;
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Prevention of public nuisance;
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The protection of children from harm;
 
The application for a premises licence has been approved in
accordance with the Council’s Statement of Licensing Policy
and the conditions set out in paragraph 8.1  of the report, with the following amendment
:-
 
The opening hours and the hours for licensable activity
are:
 
Supply of Alcohol (on sales)
 
Monday to Sunday 
  12:00 - 23:00
 
Supply of Alcohol (off sales)
 
Monday to Sunday 
  12:00 - 23:00
 
Opening Hours:
 
Monday to Sunday 
  07:00 - 23:00
 
(The external area shall close at 22:00)
 
Amend condition 17 as follows:
“All off sales of alcohol sold or supplied for
consumption off the premises  must be in a sealed
container and are to be sold only with food
orders”.
 
The sale and consumption of alcohol (on sales) shall to be
ancillary to food being available at all times by table service
both on the premises and in the external area.
 
Customers shall not be permitted to take glass off the
premises/into external areas of the premises.
 
The sale and consumption of alcohol in the external area
shall be permitted until 20:30.
 
Use of the outdoor area (shown on the plan) shall cease at
22:00.
 
The capacity of the external area shall be no more than 24
people and 6 tables.
 
And additional conditions to be added to the licence as set
out in the report at paragraph 7.1
 
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.
 
(b) At a time when the designated premises supervisor does
not hold a personal licence or his personal licence is
suspended.
Every supply of alcohol under the premises licence must be
made or authorised by a person who holds a personal
licence.
 
(1) The responsible person must 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 -
 
(a) games or other activities which require or encourage,
or are designed to require or encourage, individuals to;
(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 in a manner which
carries a significant risk of undermining a licensing
objective;
 
(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 in a
manner which carries a significant risk of undermining a licensing
objective;
 
(d) 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.
 
(e) dispensing alcohol 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).
 
4. The responsible person must ensure that free potable
water is provided on request to customers where it is reasonably
available.
 
 
5. 5.1. The premises licence holder or club premises
certificate holder must ensure that an age verification policy is
adopted in respect of the premises in relation to the sales or
supply of alcohol.
 
5.2 The designated premises supervisor in relation to the
premises licences must ensure that the supply of alcohol at the
premises is carried on in accordance with the age verification
policy.
 
5.3. 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 either:-
 
A. a holographic mark or B. an ultraviolet
feature.
 
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:
• beer or cider:1/2 pint;
• gin, rum, vodka or whisky: 25ml or 35ml;
and
• still wine in a glass: 125ml; and
 
b. these measures are displayed in a menu, price list or
other printed material which is available to customers
on  the premises, and
 
c. where a customer does not in relation to a sale of
alcohol specify the quantity of alcohol to be sold, the customer is
made aware that these measures are available.
 
Reasons for the decision
 
The Sub-committee approved the application with the above
amendments and additional conditions agreed with the applicant for
on-sales and off-sales of alcohol at the premises to prevent the
licensing objectives being undermined.
 
The Sub-committee took into consideration that the
Applicant had agreed conditions with the Metropolitan Police
Service, Environmental Protection and Environmental Enforcement in
advance of the hearing, and these Responsible Authorities
subsequently withdrew their objections to the
application.
 
The Sub-committee took into account that Other Persons
maintained their objections to the application due to the impact on
the residential area and local residents particularly late at
night.
 
The  Sub-committee took into
consideration that the Applicant had demonstrated that he is an
experienced operator for 3 years, and that he worked in a
supermarket for 10 years previously. The Applicant demonstrated
that he is familiar with the area.
 
The  Sub-committee heard the
Applicant’s submissions that he has CCTV and that he will ask
customers to leave the premises quietly. The Applicant confirmed
that he has a pavement licence. The Applicant made submissions that
the premises is a coffee shop that sells organic food and wine,
craft beer and bakery items and it is not a bar.
 
The Sub-committee took into consideration that Applicant
agreed to the above additional conditions. The Sub-committee also
took into account Applicant agreed to the following:
 
i) alcohol being sold ancillary to food at all
times for both on and off sales of alcohol.
 
ii) on sales of alcohol being served to seated customers by
table service both inside the premises and in the external
area.
 
iii) in accordance with Policy LP6 to close the external
area at 22:00 to reduce any noise or disturbance to local
residents.
 
The Sub-committee took into consideration the concerns
raised by local residents and the impact of noise and anti-social
behaviour in the evening. The Sub-committee took into account that
the premises are situated on the ground floor of a residential
building.
 
The Sub-committee heard the Applicant’s submissions
that the premises were not expecting to have a high volume of
customers late at night and that they would not have a lot of
deliveries. The Sub-committee took into account that the premises
were predominantly concentrating on breakfast and lunch trade and
that dinner sales were expected to be minimal.
 
The Sub-committee took into consideration that the
Applicant wanted to maintain a good relationship with local
residents and the Applicant was happy for local residents to
contact him at any time now and in the future regarding their
concerns about the premises.
 
The Sub-committee felt that the above additional conditions
and the reduced alcohol hours in the external area to 20:30 and the
closure of the external area at 22:00 would reduce the impact of
any noise or disturbance on local residents and the residential
area.
 
The Sub-committee felt that the additional conditions were
reasonable and proportionate to ensure the premises operated
reasonably.
 
Having taken all of the above factors into consideration,
the Licensing Sub-committee was satisfied that the application
could be approved without the licensing objectives being
undermined.
 
Public Informative
 
The premises licence holder is encouraged to continue
working with the local residents to deal with any issues arising
relating to noise nuisance.
 
Your right to appeal
 
If you are aggrieved by any term,
condition or restriction attached to this decision, you have the
right to appeal to the Thames Magistrates Court, 58 Bow Road,
London E3 4DJ within 21 days of the date you receive this written
decision.