Agenda item

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

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

The local resident objecting to the application addressed the sub-committee.  Members had questions for the local resident.

All parties were given five minutes for summing up.

The meeting went into closed session at 11.26am.

The meeting resumed at 12.35pm and the chair read out the decision of the sub-committee.

RESOLVED:

That the application by Pique Nique Ltd for a grant of a Premises Licence issued under the Licensing Act 2003 in respect of, 32 Tanner Street, (former shelter Tanners Street Park), London SE1 3LD 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 conditions conciliated with the police during the conciliation process and the following conditions agreed by the licensing sub-committee:

1.  That alcohol shall only be served as ancillary to a table meal.

2.  That no drinks or glassware shall be taken from the licensable area of the premises by patrons.

3.  That there shall be no smoking directly outside the licensable area of the premises at any time.

4.  That the outside seating area shall accommodate a maximum of four tables and eight chairs.  Each of the tables and chairs must be removed by 6.15pm daily and stored inside the premises.. 

5.  That all waste shall be collected and stored within the building and that waste collection be conducted via the car park at the rear of the premises. The waste collection shall only take place after 8am.

6.  That deliveries shall be conducted by the car park at the rear of the premises. All deliveries must take place after 08:00.

7.  That the sliding glass doors must be closed by 18:00 daily.

Reasons

The reasons for the decision are, as follows:

The applicant informed the sub-committee that the café was going to be targeting families, local residents and users of the park.  They would provide a full menu of healthy food and would serve coffees and juices.  They advised that they had no intention for the premises to become a bar and envisaged that they would serve glasses of wine and beer along with meals.  They said that their maximum capacity would be 40 customers inside.  In addition there would be a limited capacity of eight customers outside until 6pm daily.

The applicant made clear that they wanted to improve the local area and to enhance this area of the park that is currently derelict and associated with anti-social behaviour.  They advised that they currently run several premises in the immediate vicinity and have done so for some time.  They reinforced their experience in the hospitality sector and gave assurances that they would easily be able to ensure compliance with the license conditions.

They highlighted the large amount of waste currently disposed of by the Premier Inn with whom they would share waste disposal and delivery areas and submitted that in comparison the levels of waste from the premises would be minimal.

The licensing sub-committee noted that the police had conciliated with the applicant.

The licensing sub-committee noted that the planning department agreed to the application subject to the hours being in line with the planning conditions.

The licensing sub-committee noted the written objections from 10 other persons (local residents) and heard from one local resident. 

The local resident raised concerns in relation to the increased footfall in the park if the licence was granted.  She was concerned about increased noise from the venue and those leaving the venue later in the evening.  She highlighted that the open sliding doors would exacerbate this and requested that the sliding doors be closed from 18:00 each day.  She also raised concerns of the proximity of the premises to the playground. 

The licensing sub-committee carefully considered all the submissions, both written and oral.  They were reassured by the extent of experience of the applicant and were satisfied that the conditions agreed with the police and the additional conditions imposed by the sub-committee would allay the residents’ concerns.

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.