The Licensing (2003 Act) Sub-Committee of Newham Council met to discuss a variation application for Café Bonnane, and ultimately decided to grant the application with additional conditions. The committee agreed to extend the hours for the supply of alcohol, add off-sales, add late-night refreshment, and remove the condition requiring alcohol to be sold only with a table meal. These changes came with the conditions that alcohol must be served by a waiter or waitress, any alcohol taken off the premises must be in a sealed container, and no alcohol can be served in the outside area after 10pm.

Café Bonnane Licensing Application

The main item on the agenda was a variation application for the premises licence of Café Bonnane, located at Unit 8 Excel Marina, Canning Town. The applicant, Bill Mjekiqi, sought to extend the hours for alcohol sales, add off-sales, add late-night refreshment, and remove the requirement that alcohol be sold only as part of a table meal.

Currently, the café's licence allows the sale of alcohol for consumption on the premises from 10am to 10:30pm, Monday to Sunday. The requested changes included:

• Extending alcohol sales (on and off the premises) to midnight, Monday to Sunday.
• Adding late-night refreshment until midnight, Monday to Sunday.
• Extending opening hours to 6am to 12:30am, Monday to Sunday.

Representations

Licensing Team Chair Steve Jackson noted that nine residents had submitted representations ¹ raising concerns about crime, disorder and public nuisance. These concerns included:

• Increased noise levels, especially late at night, affecting residents living nearby.
• Potential for anti-social behaviour and public nuisance due to extended hours and alcohol sales.
• Worries that removing the requirement for alcohol to be sold with food would lead to increased loitering and noise.
• Fears that the extended hours could attract problem drinkers to the area.

Some residents also expressed concerns that the outside seating area, which they believed could accommodate up to 100 people, would be difficult to control and could lead to disturbances.

In response to these concerns, Frank Fender, the agent representing Mr Mjekiqi, clarified that the café's outside seating area has a capacity of 40, not 100 as some residents claimed. He also pointed out that the adjacent Bonnane Restaurant, operated by the same management, already has a licence without the condition requiring alcohol to be sold with food, and that this has not caused any issues. Mr Fender proposed a condition to prevent alcohol being served in the outside area after 10pm, aligning it with the restriction in place at the Bonnane Restaurant.

Applicant's Case

Mr Fender outlined the reasons for the application, stating that customers had requested the ability to stay later and that removing the food requirement would allow customers to have a drink while deciding on their meal. He also proposed a condition that alcohol sales for consumption on the premises would be by waiter service only, addressing concerns about standing and loitering.

Mr Fender also addressed the residents' concerns about noise and crime, arguing that there was no evidence of existing issues and that the police had not submitted any representations. He stated that amenity is a planning issue, and not a licensing issue.

Clarifications and Questions

During the hearing, Councillor Jennifer Bailey raised concerns about noise and nuisance, asking whether the licensee would work closely with residents to prevent issues. Mr Fender assured her that the business did not want to upset residents, as they were also customers.

Councillor Tonii Wilson sought clarification on the off-sales aspect of the application, questioning whether it was intended to attract new customers solely for off-sales. Mr Fender clarified that the intention was to allow customers to take away unfinished bottles of wine or beers they had enjoyed at the café. He confirmed that any off-sales would be in sealed containers only, and agreed to a condition to that effect.

Councillor Wilson also asked about the strength of the beers sold at the café, and whether staff were trained to prevent customers bringing alcohol from elsewhere onto the premises. Mr Mjekiqi confirmed that they sold Peroni, which is 5% ABV², and that staff were trained to manage this issue. Mr Mjekiqi also detailed the staff training procedures, including weekly meetings and the use of a complaints book. He confirmed that the café operated a Challenge 25 policy³ and asked for ID from anyone who looked under 25.

Decision

After adjourning to deliberate in private, the sub-committee decided to grant the variation application with the following additional conditions:

1. Alcohol sales must be served by waiter/waitress service indoors and outdoors, with no vertical drinking.
2. Any alcohol taken off the premises for off-sales must be in a sealed container.
3. No alcohol shall be served to customers in the external areas of the premises after 10pm on any given day.

The committee stated that the applicant had recognised the concerns raised by residents and agreed to the additional conditions. They were satisfied that granting the application, with the agreed conditions, would not undermine the licensing objectives. The committee also noted that there was no evidence to suggest that granting the application would undermine the licensing objectives, and that the Licensing Act 2003 provides a mechanism for dealing with any breaches that may occur.