The Licensing Sub-Committee met on 29 November 2023 and granted in part an application to vary the premises licence for Rosy Lea Cafe. The decision included amendments to operating hours and the imposition of new conditions to address concerns raised by residents and responsible authorities.

Variation of Premises Licence for Rosy Lea Cafe

The Sub-Committee considered an application from Rosy Lea Cafe Limited to vary its premises licence. The application sought to extend opening hours and the supply of alcohol, particularly on Saturdays. The premises, located at 48 The Market, Rosehill, SM1 3HE, had an existing licence allowing alcohol sales and opening until 11:00 pm daily.

The proposed variation included extending Saturday opening hours to 1:00 am and allowing recorded music until 1:00 am, with late-night refreshment until 1:00 am. The supply of alcohol on and off the premises would also extend to 1:00 am on Saturdays. Other days remained largely unchanged, with the exception of Sunday opening hours which were proposed to extend to 11:00 pm.

During the hearing, the Licensing Officer informed the Sub-Committee that one valid representation had been received from Other Persons, citing concerns related to the licensing objectives of preventing crime and disorder, public safety, preventing public nuisance, and protecting children from harm. The Metropolitan Police and the Council's Pollution Control Team had initially raised concerns, but these were subsequently satisfied after the applicant amended their operating schedule and agreed to additional conditions.

The applicant, represented by Gabriela Belbernova and Daniela Petkova, highlighted that the cafe served the local Bulgarian community and provided a social space. They explained that complaints had been received during the summer months when the outdoor space was in use and alcohol was served in the evenings. However, since then, the outdoor space had not been used for alcohol consumption in the evenings, and no further complaints had been received. The applicant stated that they had taken the concerns seriously and were committed to managing noise and creating a peaceful environment. They also mentioned plans for sound insulation as part of upcoming refurbishments.

The Sub-Committee discussed the potential for noise disturbance in the significantly residential area surrounding the premises. They noted that the complainant's address was some distance away, suggesting that noise could affect a wider area. The applicant agreed that a 30-minute period between the last sale of alcohol/food and closing time would be beneficial for customers to finish and for staff to manage dispersal.

After considering the application, the Council's Statement of Licensing Policy, and guidance from the Secretary of State, the Sub-Committee decided to GRANT IN PART the application. The decision included specific conditions:

• Hours: Saturday opening hours were extended to 12:30 am, with late-night refreshment until midnight, recorded music until 12:30 am, and live music until midnight. The supply of alcohol on and off the premises on Saturdays was extended to midnight. Sunday opening hours remained unchanged.
• Conditions arising from the applicant's Operating Schedule: These included requirements for CCTV, maintaining the restaurant area with tables for food service, unobstructed alcohol display, sealed and labelled off-premises alcohol sales, and prominent notices at exits requesting customers to be considerate of residents.
• External drinking areas: These were restricted to use until 8:00 pm, with alcohol supply ceasing at that time. Chairs and tables were to be removed by 8:30 pm. External areas were not to be used for regulated entertainment or the playing of recorded music.
• Noise and sound limiting device: A sound limiting device was to be installed and maintained, subject to approval by an authorised officer of the Licensing Authority.
• Windows and doors: External windows and doors were to be kept shut during regulated entertainment or after 7:00 pm, except for necessary entry and egress.
• Age verification: A refusals book was to be maintained, and a till prompt system for age checks was to be in place.
• Additional condition imposed by the Sub-Committee: A direct telephone number for the duty manager, manned at all times the premises is open for licensable activity, was to be prominently displayed externally and on social media.

The Sub-Committee noted that while they did not consider imposing a condition for SIA registered door staff to be appropriate or proportionate given the nature of the business, further conditions or a reduction in hours could be imposed at a future review hearing if problems arose.