Content

The decision of the Committee is to grant the
application, as amended orally at the hearing by the Applicant.
This is subject to an amended schedule of conditions (attached to
this decision notice).
 
 
The Committee in reaching its decision has
taken into account:
 
· 
The evidence before it both written and oral
 
· 
The relevant parts of the Council’s Statement of Licensing
Policy especially paragraphs 4.7, 5.1, 6.1, 6.2 and 6.3.
 
· 
The relevant parts of the Guidance issued by the Secretary of State
in particular paragraphs 1.16, 1.17, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6,
2.7, 2.8, 2.9, 2.20, 2.21, 2.22, 2.23, 2.24, 2.25, 2.26, 2.27,
2.28, 2.31, 2.32 and 9.12.
 
 
Committee’s reasoning and findings
are:
 
Committee heard representations from Mr Mark
Graham, the sole director of the applicant company. Mr Graham
outlined the nature of the proposed operation, explaining that the
premises would function primarily as a café and coffee shop.
He confirmed that the first floor would provide overflow seating
for the main café operation and would also be used for
small, well?managed events. The first-floor area would include a
bar facility.
 
Although the application sought authorisation
for the sale of alcohol seven days per week, Mr Graham stated that
it was not his intention to sell alcohol on Mondays and Tuesdays.
The application had been drafted to cover all days to allow
operational flexibility. He further confirmed that alcohol sales
forming part of the day?to?day café operation would only be
made ancillary to food sales. However, when questioned, he
clarified that he wished to be able to sell alcohol at private
events without a requirement for the sale of food to be
ancillary.
 
Mr Graham explained that he had engaged in
discussions with Northumbria Police, resulting in an agreed
schedule of conditions, as set out in the Agenda papers. He
characterised these conditions as appropriate to a café?led
operation. He acknowledged the concerns raised by both the Police
and local residents regarding the scope of the original
application. He stated that, due to his background in events work
and his lack of previous experience submitting such applications,
he had initially applied for a broader range of permissions than
ultimately required. Having reflected on the representations
received, he confirmed his wish to amend the application as
follows:
 

Withdrawal of the request for live
and recorded music as licensable activities;
Withdrawal of the request for
off?sales of alcohol;
Reduction of the hours for the sale
of alcohol to 12:00–22:30 daily.

 
In relation to the initial application for
live and recorded music, Mr Graham stated that he had not
appreciated that he did not require a licence to play low?level
background music incidental to the café use, which was all
he intended. He accepted that if he wished to hold events involving
music beyond incidental background levels, he would need to apply
for a Temporary Event Notice.
 
Addressing matters relating to the rear of the
premises, which backs onto residential properties, Mr Graham
confirmed that there was no rear access for customers and no
provision for a smoking area. He acknowledged the concerns raised
regarding waste storage during the premises’ fit?out period.
He accepted that the bins had previously been incorrectly
positioned in the rear alley but informed Committee that this had
now been resolved. He had obtained a large trade waste bin and
recycling bins from the Council, which were now stored in the
appropriate location. He explained that there was no space within
the curtilage of the premises to store the bins. He also noted that
several other businesses along the row, including a gym, used the
same alleyway, and he could not comment on their waste management
arrangements.
 
Mr Graham emphasised that his intention was to
complement and enhance the existing offer on Gosforth High Street.
In response to questions from Mr Calderon, he confirmed that a
number of pubs and bars already operate in the locality, and it was
not his intention to compete with those businesses. The ability to
sell alcohol was sought solely to provide flexibility and to enable
the premises to offer additional services to customers, including
small events and potential expansion of the food offer. He
reiterated that the premises would be operated primarily as a
coffee shop and that, in practice, it would not usually open beyond
5 p.m. except when hired for private events
 
Mr Carlos Calderon addressed the Committee to
present his representation and concerns. He explained that he had
resided in the property directly to the rear of the premises for
approximately 20 years. Mr Calderon confirmed that he did not
object to the operation of a café in principle; however, he
objected to what he perceived to be the scale and nature of
alcohol?led activities proposed within the application.
 
He submitted that the application lacked
sufficient clarity, and consequently, the Committee could not be
confident that granting the licence would promote the licensing
objectives. Mr Calderon also referred to the cumulative impact of
the number of alcohol?selling premises already operating in the
area. He expressed concern that the proposed operation could
increase footfall and associated noise within the rear lane,
thereby adversely affecting nearby residential properties,
including his own.
 
Mr Calderon acknowledged and thanked the
Applicant for addressing the waste?management issues he had raised
in his written representation. However, he maintained that the
permissions sought extended beyond those ordinarily associated with
a café and urged the Committee to ensure clarity and
certainty in the scope of any licence, if granted.
 
 
Decision
 
Committee carefully considered all written and
oral submissions presented in relation to the application. It took
particular account of the significant amendments made by the
Applicant since the original submission, as detailed within the
agenda papers. These amendments narrowed the scope of the
licensable activities sought, including a reduction in the proposed
hours for the sale of alcohol.
 
Committee noted proposed condition 1 which
stated an operating style and the detailed explanations provided by
Mr Graham regarding the intended operation of the premises. In
particular, Committee accepted that the sale of alcohol would be
ancillary to the sale of food, reflecting a café?led style
of operation. In order to ensure clarity and certainty around the
manner in which the premises would operate, Committee determined
that this requirement should be expressly included as a condition
of the licence. Committee considered that doing so would prevent
the premises from operating as a “vertical drinking”
establishment, which had been a concern raised by the Police and
reflected in their proposed condition 5. Committee concluded that
the Police’s original wording lacked sufficient precision and
therefore determined to replace it with a new condition 5, as set
out in the schedule attached to this decision.
 
Committee was also mindful of the
Applicant’s request for limited flexibility, specifically to
allow alcohol sales not to be ancillary to food where the premises
(or part thereof) had been pre?booked for a small private event.
Committee concluded that this could be appropriately accommodated
within the revised condition, providing both operational clarity
and continued promotion of the licensing objectives.
 
As the Applicant had withdrawn the part of the
application seeking permission for the sale of alcohol for
consumption off the premises, Committee determined that proposed
condition 16 (as contained in the Police’s agreed schedule)
was no longer necessary or appropriate and should therefore be
removed.
 
Committee was grateful for the representations
made by Mr Calderon. Having carefully considered these, Committee
noted that it was not disputed that the Applicant had resolved the
previously identified waste?management issues. In respect of Mr
Calderon’s concerns regarding the scale and scope of
alcohol-led activities, Committee concluded that the amended
operating schedule, together with the withdrawal of certain
licensable activities originally sought, now provided sufficient
certainty as to the intended operating style, including the scale
and character of alcohol sales. Committee was satisfied that the
application, as amended—including the reduced hours for the
sale of alcohol—would promote the relevant licensing
objectives.
 
Accordingly, Committee determined to grant the
application as amended and as detailed in this decision.
 
In reaching its decision, Committee also had
regard to paragraph 9.12 of the statutory Guidance issued under
section 182 of the Licensing Act 2003, which recognises each
Responsible Authority as an expert in its respective field.
 
 
Conditions
 
As per the operating schedule attached to this
notice, with the amendments noted above.
 
 
Right of Appeal
 
There is a right of appeal against this
decision to Newcastle Magistrates Court.  An appeal must be commenced within 21 days
beginning with the day on which you receive written notification of
the decision.
 
Conditions
 
To operate in conjunction with conditions
offered in the application.
 
1.  The premises shall trade
primarily as a cafe with small bar facility on the first floor.
 
2.  A food menu will be
available from opening to the public until 22:00 daily.
 
3.  There will be no change to
the brand or operating style of the premises without prior written
notice to the Licensíng Authority, which shall include
details of the brand or operating style of the premises. The
Licensing Authority shall advise within 21 days whether a formal
application for variation or a new application is required and the
licence holder shall comply with that direction.
 
4.  Waiter/waitress service
shall be available for all orders of food and drinks.
 
5.  Alcohol shall only be sold
to customers who are also purchasing food, save for when the
premises (or part of thereof) is pre-booked for the exclusive use
of a private event. At such events, alcohol may be sold without the
ancillary purchase of food.
 
6.  A 'Challenge 25' policy
shall be adopted, implemented and maintained ensuring that all
members of staff are trained to refuse supply to anyone who appears
to be under the age of 25 and who is seeking to obtain any age
restricted product unless that person provides credible
photographic proof of age evidence. Such credible evidence shall
include a photograph of the customer and acceptable form of lD.
Examples of acceptable lD are limited to photo card driving
licence, passports, military identification or proof of age cards
bearing the 'PASS' hologram. No other evidence of age and identity
may be accepted.
 
7.  There shall be displayed
suitably worded signage of sufficient size and clarity at the point
of entry to the premises and in a suitable location at any points
of display and sale advising customers that underage supplies of
alcohol are illegal and that they may be asked to produce evidence
of age.
 
8.  Staff shall refuse to
supply alcohol to any adult who they suspect to be passing the
alcohol to those underage. Details of such refusals shall be
documented and made available to police or local authority on
request.
 
9.  An incident and refusals
log shall be maintained on the premises (in writing or digitally)
to record incidents and refusals and shall be made available to
officers of the Licensing Authority or Northumbria Police upon
request. Details of the following shall be recorded:-
a.  Drugs or other illegal
items recovered
b.  All crimes reported to the
venue or by the venue to the police
c.  All ejection of
patrons
d.  Any incidents of
disorder
e.  Any faults in the CCTV
system
 
10.  The premises licence holder shall
ensure that all times when the premises are for any licensable
activity, there are sufficient competent staff on duty at the
premises for the purpose of fulfilling the terms and conditions of
the licence and for upholding the Licensing Objectives
 
11.  The Premises Licence Holder shall
ensure that all relevant members of staff receive training in their
responsibilities under the Licensing Act 2003. Such training shall
be documented and records made available upon request from the
Police or an authorised officer of the Licensing Authority.
 
12.  A CCTV system shall be designed,
installed and maintained in proper working order, to the
satisfaction of, and in consultation with, Northumbria Police. Such
a system shall:
i.  Be operated by
properly trained staff;
ii.  Be in operation at
all times that the premises are open;
iii.  Ensure coverage of all
public entrances and exits, till areas, any existing outside areas
and other areas as required by Northumbria police;
iv.  Be kept in a secure
environment under the control of responsibly named individual.
v.  During the times
licensable activities are provided, have a member of staff present
and trained in the retrieval of CCTV footage, with the ability to
download the relevant footage onto a disc at the request from
Northumbria police;
vi.  Be capable of recognition
of all persons entering the premises.
vii.  Provide continuous recording
facilities for each camera to a high standard of clarity. Such
recordings shall be retained on tape/disc/hard drive or otherwise
for a minimal period of 28 days and shall be supplied to a Police
and local authority upon request. lmages recorded are to be
retained in an unedited format and the CCTV system must continually
record whilst the premises is open.
 
13.  A written record must be available for
inspection, upon request by any responsible authority, detailing
the names of those members of staff who are authorised by the
Designated Premises Supervisor to sell alcohol. This will include
details of the person deemed to be in charge at the premises at any
specific time.
 
14.  The Premises Licence Holder shall
carry out a risk assessment prior to all bespoke events and
functions taking place. lf following that risk assessment it is
deem necessary and appropriate, SIA registered door staff will be
utilised. All risk assessments will be retained for a period of 12
months and will be made available for inspection by Northumbria
Police or officers of the Licensing Authority upon request.
 
15.  The Premises Licence holder will
endeavour to support local initiatives promoted by the police or
other responsible bodies when appropriate.
 
16.  An outdoor management plan will be in
place covering the use of any and all external areas of the
premises.