Agenda item

The licensing officer presented their report.  They advised that the police had conciliated with the applicant.  They also advised that the licensing officer representing the council as a responsible authority was unable to attend and that their representation was as on paper.

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

The ward councillor addressed the sub-committee.  Members had questions for the ward councillor.

The sub-committee noted the written representation from the licensing authority.

Both parties were given five minutes for summing up.

The meeting adjourned at 12.19pm for the members to consider their decision.

The meeting resumed at 12.50pm and the chair advised all parties of the sub-committee’s decision.

RESOLVED:

That the application made by Origin Coffee for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Origin Coffee, Railway Arch 84, Scoresby Street, London SE1 0XN be granted as follows:

This licence covers the area described as being between the point of sale or brew bar to the entrance on Scoresby Street.  This is clearly set out as the highlighted lined area in the attached plan.

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 conditions agreed with the Metropolitan Police Service during the conciliation process and the following additional conditions agreed by the sub-committee:

1.  That all doors and windows at the front of the premises, on Scoresby Street, will be closed after 20:00, except for the immediate access and egress of persons.

2.  Notices shall be displayed at the exit requesting that patrons respect the local residents and leave the area quietly.

3.  No waste or recyclable materials, including bottles, shall be removed or placed outside in outside areas between 20:00 and 08:00

Reasons

The reasons for the decision are as follows:

The sub-committee were informed that the applicants and the police had conciliated and agree appropriate conditions ahead of the meeting.  As a result of this the applicant had varied the hours sought in their application to reflect those granted above. 

The sub-committee considered the written representations made by licensing as a responsible authority. 

The sub-committee heard from the applicant who explained the concept of the business, namely that the focus was on speciality roasted coffee that was sourced directly from growers internationally. They stated that the business was family run, independent with all roasting conducted in house, they sought to differentiate themselves from other local businesses.

They explained that the reason for applying for a licence was to enable them to serve artisanal wines and craft beers alongside food, both hot meals and platters.  They set out the business plan, namely that they already had a number of other sites, a café in Shoreditch and a coffee bar in the British Library, which also had a licence to serve craft beers. 

The applicant drew the sub-committee’s attention to the architect’s plan that showed that only the front third of the premises would be available to patrons to enjoy alcohol with their coffee and food, with the remaining area being used for work space.  The applicant agreed that they would consent to just the front part of the premises being covered by the licence, an area that they described as being capable of approximately just 15 covers.

The residents were represented by Councillor Morris who stated that she felt reassured by the applicant’s comments in the sub-committee and their business plan.  Councillor Morris expressed concern for the local residents who lived opposite the premises and was keen to ensure that the disturbance to these residents was kept to a minimum.  It was at this point that it was established that the premises did not have permission from Network Rail to use the area outside on Scoresby Street. 

The sub-committee considered each of the representations, both written and oral, and agreed to conditions as set out above.  Some discussion was had concerning the deliveries to the premises, most pertinently the milk and pastries delivery that would likely take place before 6.30am each day.  It was decided that it would not be possible to place a condition on this due to the nature of the business and its need for daily fresh products, this was due to a number of factors, firstly that there is not a loading bay outside of the premises and secondly that there is no other access to the premises. 

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.