Agenda item

The licensing officer presented their report.  Members had no questions for the licensing officer.

The applicant addressed the sub-committee.  Members had questions for the applicant.

The applicant was given five minutes for summing up.

The meeting went into closed session at 11.05am.

The meeting resumed at 11.50am.  The chair did not read out the decision as nobody was present.

RESOLVED:

That the application made by Black Sheep Café for a premises licence to be granted under the Licensing Act 2003 in respect of the premises known asUnit 4, The Gallery, South Bank Central, London SE16 9LS is granted as follows:

Conditions

The operation of the premises under the licence shall be subject to relevant mandatory conditions, conditions derived from the operation schedule highlighted in Section M of the application form, the conciliated conditions agreed with the responsible authorities and the following additional conditions agreed by the sub-committee:

1.  That clearly legible signage will be prominently displayed at the exit where it can easily be seen and read requesting to the effect that customers leave the premises in a quiet and respectful manner.

2.  That a dedicated telephone number will be on display and advertised at the premises for residents or members of the public to contact if required.

Reasons

The reasons for the decision are as follows:

The licensing sub-committee heard from the applicant who stated that the premises would operate with the predominant purpose and sales being from coffee, thereby operating as a speciality coffee café with the sale of alcohol being an ancillary offering.

The applicant highlighted the agreement to additional conditions suggested by the environmental protection team which resulted in the withdrawal of their representation.

The applicant stated that the business already operates successfully from five other premises with two having an alcohol licence.

The applicant sought to assure the sub-committee that the premises would not adversely affect the cumulative impact of the area.

Furthermore the applicant sought to assure the sub-committee that they would the uphold the licensing objectives and continue to operate in a responsible manner and confirmed that the premises would operate by table service and offering a specialised, premium selection of alcohol.

The applicant stated that the premises would not operate as a vertical drinking establishment and predicted that alcohol is anticipated to contribute towards a third of the company’s sales.

The licensing sub-committee noted that other persons did not attend the hearing. However the sub-committee considered the written representations from local residents objecting to the application.

The sub-committee noted the concerns in relation to preventing crime and disorder, public safety, the prevention of nuisance and the protection of children from harm. For example specific concerns were raised in relation to potential noise nuisance in the evening, requesting deliveries and collections to be carried out to prevent disturbance to local residents.

The licensing sub-committee noted that the environmental protection officer had conciliated with the applicant and that conditions addressing concerns raised had been agreed.

The licensing sub-committee considered all of the oral and written representations before it and were of the opinion that the applicant sufficiently demonstrated that the premises would operate in order to ensure they would not adversely affect the cumulative impact on one or more of the licensing objectives.

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives and considered that this decision was appropriate and proportionate.

Appeal rights

The applicant may appeal against any decision:

a)  To impose conditions on the licence

b)  To exclude a licensable activity or refuse to specify a person as premises supervisor.

Any person who made relevant representations in relation to the application who desire to contend that:

a)  The  licence ought not to be been granted; or

b)  That on granting the licence, the licensing authority ought to have imposed different or additional conditions to the licence, or ought to have modified them in a different way

may appeal against the decision.

Any appeal must be made to the Magistrates’ Court for the area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates’ Court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.