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 11.07pm

 

The meeting resumed at 11.31am and the chair advised the applicant of the decision.

 

RESOLVED:

 

That the application made by Henry Ayers for a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as The Coffee House, 63 Union  Street,  London SE1 1SG is granted as follows:

 

Licensable activity	Hours
Sale and supply of alcohol (on and off the premises)	Monday to Sunday from 11:00 to 23:00
Opening hours	Monday to Sunday from 07:00 to 23:30

 

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 no persons will use the terrace after 22.00 each day. 

 

2.  That a maximum of five patrons will be permitted to smoke outside the premises at any one time and will not be permitted to take any alcoholic beverage purchased within the premises out with them. 

 

3.  That a challenge 25 scheme shall be maintained at the premises requiring that staff selling alcohol request that any customer who looks under 25 years old, and who is attempting to purchase alcohol, provides valid photographic identification proving that the customer is at least 18 years old. Valid photographic identification is composed of a driving licence, passport, UK armed services ID card and any Proof of Age Standards Scheme (PASS) accredited card such as the Proof of Age London (PAL) card.

 

4.  That all staff involved in the sale of alcohol shall be trained in the prevention of sales of alcohol to underage persons, and the challenge 25 scheme in operation at the premises. A record of such training shall be kept / be accessible at the premises at all times and be made immediately available for inspection at the premises to council or police officers on request. The training record shall include the trainee’s name (in block capitals), the trainer’s name (in block capitals), the signature of the trainee, the signature of the trainer, the date(s) of training and a declaration that the training has been received. 

 

5.  That clearly legible signs shall be prominently displayed where they can easily be seen and read by customers stating to the effect that a challenge 25 policy is in operation at the premises, that customers may be asked to provide proof of age and stating what the acceptable forms of proof of age are. Such signage shall be displayed at all entrances, points of sale and in all areas where alcohol is displayed for sale. The signage shall be kept free from obstructions at all times.

 

6.  That a register of refused sales of alcohol shall be maintained in order to demonstrate effective operation of the challenge 25 policy. The register shall be clearly and legibly marked on the front cover as a register of refused sales, with the address of the premises and with the name and address of the licence holder. The register shall be kept and be accessible at the premises at all times. On a monthly basis, the designated premises supervisor (DPS) shall check the register to ensure it is being properly completed. The DPS shall sign and date the register to that effect and where appropriate take corrective action in a timely manner if the register is not being completed correctly. The register shall be made immediately available for inspection at the premises to council or police officers on request.

 

 

7.  That the premises will adopt the borough’s ‘Women’s Safety Charter’.

 

8.  That at least a single member of ‘The Coffee House’ fully trained staff will be present and working during any event taking place at the premises. 

 

Reasons

 

The reasons for the decision are as follows:

 

The licensing sub-committee heard from the applicant who was represented by a director of the company owning the premises and was able to explain to the sub-committee that the premises had operated as a specialist coffee shop for the last two years without incident.  He described that the purpose of the application was to be able to offer fine wines to be served with cheese and charcuterie boards, to cater to an evening clientele; but also allow them to sell liqueur coffee. He also explained that the venue would host events at the premises, but that these events would be run by the staff employed at the premises. 

 

The representative set out that he acknowledged that the premises was within a cumulative impact area and that therefore there was a presumption that the application would not be granted.  He did however draw the sub-committee’s attention to the fact that the applicant had engaged with each of the responsible authorities and had agreed to each of the proposed conditions put forward by the authorities.  The representative was also able to agree all further conditions suggested by the sub-committee and demonstrated a willingness to ensure that the licensing objectives were adhered to.  In discussing the original application, the representative was able to confirm that the premises no longer maintained their application for non-standard hours. 

 

The representative acknowledged the representation put forward by a local resident and explained that he would be willing to accept conditions that would limit the use of the terrace, thus restricting the noise nuisance that may occur.  The representative also reassured the sub-committee that the premises did not seek to become a cocktail bar.

 

The licensing sub-committee acknowledged that the conditions proposed by the Metropolitan Police Service representative had been conciliated and that their representations had been withdrawn

 

The licensing sub-committee acknowledged that the conditions proposed by the licensing responsible authority officer had been conciliated and that their representations had been withdrawn.

 

The licensing sub-committee acknowledged that the conditions proposed by the public health authority officer representative had been conciliated and that their representations had been withdrawn. 

 

The licensing sub-committee acknowledged the observations made by the planning officer.

 

The licensing sub-committee considered the observations and concerns raised, in writing, by the local resident, objecting to the application.  The resident was not in attendance.

 

The licensing sub-committee considered all of the oral and written representations before it and were satisfied that representative had been able to demonstrate that the premises were willing, not only to engage with the authorities, but allay the concerns of the sub-committee, such as to satisfy them that there should be an exception to the presumption in this case.  They noted that there should be special care given to the selling of coffees containing liqueurs and that staff should be specifically trained in enforcing the ‘challenge 25’ policy. 

 

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.