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 Metropolitan Police Service representative addressed the sub-committee.  Members had questions for the police.

Both parties were given five minutes for summing up.

The meeting went into closed session at 10.45am.

The meeting resumed as 11.01am as the members had additional questions for the applicant.

The meeting went into closed session at 11.07am

The meeting resumed at 11.24am and the chair advised that the licence had been granted.  The chair advised that the notice of decision would be sent to all parties following the meeting.

RESOLVED:

That the application by Neal’s Yard Dairy Limited for a grant of a Premises Licence issued under the Licensing Act 2003 in respect of Neal’s Yard Dairy, 6-8 Park Street, London SE1 9 AB is granted as follows:

Conditions

The operation of the premises under the licence shall be subject to relevant mandatory conditions and conditions derived from the operation schedule highlighted in Section M of the application form.

Reasons

The reasons for the decision are as follows:

The applicant informed the sub-committee that the premises was located on Park Street on the edge of Borough Market and retails cheese and other dairy products.  They planned to run pre-arranged ticketed events which would be sold in advance to a maximum of 30 people.  Each event would last up to three hours and on all such occasions, alcohol would be supplied for consumption on the premises, in small volumes to compliment the cheeses. During these events the premises would be closed to the general public who did not have a ticket.  At no stage will alcohol be served in unlimited quantities, at most the equivalent of approximately two small glasses of wine. The applicant accepted that the premises was in a cumulative impact zone but felt that the extremely niche and limited market that this premises attracted did not justify the need for a CCTV system.

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

The licensing sub-committee heard from the Metropolitan Police Service representative who emphasised that the premises was in a a cumulative impact zone and directed members to the council’s statement of licensing policy 2015-20, which recommends that licensed premises install a CCTV system.  The police also felt that the CCTV would be beneficial for the premises’ own security. However, the police conceded that due to the nature of the planned events there was a smaller risk of impact on crime and disorder in the area  but there still remained a risk. 

The licensing sub-committee accepted that the premises is situated in a cumulative impact zone and that it was a matter for the applicant to rebut the presumption for refusing an application.  However, the sub-committee were referred to paragraphs 140 and 141 of the council’s statement of licensing policy 2015-20 and considered that the premises would have no negative impact because: the size of the premises, that it would cease operating before midnight, the premises is not alcohol led and operates during the daytime economy, the tight limit on alcohol being supplied only when there are ticketed events with a maximum number of 30 and finally this was a niche food led business in a food led area. On this basis the sub-committee saw no reasons to impose CCTV conditions.

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.