Agenda item

The licensing officer updated the sub-committee in relation to the agreement between the applicant and the other persons.  Members had no questions for the licensing officer.

 

The applicant and their legal representative addressed the sub-committee. Members had no questions for the applicant and their legal representative.

 

The applicant and their legal representative advised that they did not require any time for summing up.

 

The meeting adjourned at 10.23am for the sub-committee to consider its decision.

 

The meeting reconvened at 10.40am and the chair advised everyone of the decision.

 

RESOLVED:

 

That the application made by Chez Restaurants Limited for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Cafe Francois, 14-16 Stoney Street, London SE1 9AD be granted.

 

Hours

 

	Sale of alcohol (on & off sales) Films Recorded music Late night refreshment	Opening Hours
Sunday	10:00 to 23:00	10:00 to 23:00
Monday – Saturday	10.00 to 00:00	08:00 to 00:00

 

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 and additional conditions agreed by the sub-committee, listed below:

 

1.  That the supply of alcohol at the premises shall only be to a person taking a table meal there and for consumption by such a person as ancillary to their meal save for in the area hatched black on the premises licence plan. Save for a maximum of 15 persons at any time, customers in the hatched area shall be seated and served by waiter/waitress service.

 

2.  That a CCTV system shall be installed at the premises and be maintained in good working order and be continually recording at all times the premises are in use under the licence. The CCTV System must be capable of capturing a clear facial image of every person who enters the premises.

 

3.  That all CCTV footage to be kept for a period of 31 days and shall on request be made immediately available to officers of the police and the council.

 

4.  That a member of staff should be on duty at all times the premises is open that is trained in the use of the CCTV and able to view and download images to a removable device on request of the police or authorised council officers.

 

5.  That all staff are trained in their responsibilities under the Licensing Act 2003 and training records to be kept and updated every six months and shall, upon request, be made immediately available to officers of the police and the council.

 

6.  That the premises licence holder shall ensure that the details of all complaints are recorded in an occurrence book and such book shall be available for police inspection.

 

7.  That the premises licence holder shall ensure that the details of all complaints are recorded in an occurrence book.

 

8.  That no music or amplified sound shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance at the nearest noise sensitive premises.

 

9.  That clearly legible notices shall be displayed at all exits from the premises requesting patrons to respect the needs of local residents and to leave the premises and area quietly.

 

10.  That a dedicated telephone number for the designated premises supervisor or the duty manager shall be maintained for use by any person who may wish to make a complaint.

 

11.  That the premises shall be adequately mechanically ventilated and comfort cooled to allow doors and windows to remain closed during regulated entertainment.

 

12.  That the premises shall be operated in accordance with the Borough Yards operational management plan. This shall include a dispersal policy. A copy of the operational management plan, and all later revisions, shall be provided to the police, licensing authority and environmental health department. A hard copy of the operational management plan shall be kept at the premises and made available for inspection on request of the police or an authorised officer of the council. Relevant staff shall be trained on the dispersal policy and a copy shall be kept on the premises.

 

13.  That all sales of alcohol for consumption in the designated outside area (hatched blue on the premises licence plan) shall be to persons who are seated at tables and served by waiter/waitress service only.

 

14.  That patrons shall not be permitted to use the external area (hatched blue on the premises licence plan) of the premises before 08:00 (10:00 outside Arch 197) or after 22:00 on Monday to Saturday and 21:00 on Sunday and bank holidays, apart for access and egress and for smoking in the designated smoking area and the area when used for smoking shall be limited to five persons and monitored by staff.

 

15.  That there shall be no drinks permitted in the external area (hatched blue on the premises licence plan), after 22:00.

 

16.  That clearly legible signage will be prominently displayed at all patron exits, where it can easily be seen and read, requesting to the effect that patrons do not take drinks outside after 22:00.

 

17.  That no alcohol shall be removed from the premises at any time with the exception of off sales that shall be in sealed containers only and for consumption away from the premises.

 

18.  That clear, legible signage shall be prominently displayed where it can be easily seen and read requesting that alcohol sold as off-sales should not be opened and consumed in the vicinity of the premises.

 

19.  That all online sales of alcohol are subject to a real time age verification check via an external third party.

 

20.  That drivers (whether employed directly, as self-employed or via third parties) have to undertake training on age restricted policies to ensure that the following checks are conducted at the point of delivery when the person appears to be under the age of 25.

 

21.  That all online age verification checks should only be made by a company which is a member of the following organisation: https://www.avpassociation.com.

 

22.  That the pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.

 

 

 

 

23.  That a documented staff training programme shall be provided to key members of staff at the premises in respect of the:

 

a.  Age verification policy

b.  The licensing objectives

c.  Opening times for the venue

d.  Safeguarding of children and other vulnerable persons.

 

With such records being kept for a minimum of six months (For the avoidance of doubt, the six month period relates to each respective entry in the log book and runs from the date of that particular entry).

 

24.  That the maximum number of customers to be allowed on the premises at any one time, shall be 170 internally (including the first floor gantry) and 60 in the external seating area on the ground floor.

 

25.  That a challenge 25 scheme shall be maintained, 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.

 

26.  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. A record of such training shall be kept / be accessible at the stall 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:

 

a.  The trainee’s name (in block capitals),

b.  The trainer’s name (in block capitals),

c.  The signature of the trainee,

d.  The signature of the trainer,

e.  The date(s) of training, and

f.  A declaration that the training has been received.

 

27.  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.

 

28.  That a register of refused sales of alcohol shall be maintained in order to demonstrate effective operation of the challenge 25 policy. The registershall 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 / be accessible at the premises at all times. The register shall be made immediately available for inspection at the premises to council or police officers on request.

 

29.  That customers shall not be permitted to drink alcohol in Stoney Street, Clink Street, Bank End or Park Street or to remove open vessels of alcohol from the premises (save for designated external areas hatched blue on the overall plan where a unit has access to that area).

 

30.  That there shall be no off-sales of alcohol save for:

 

a.  Any alcohol to be delivered ancillary to a food order or

b.  Sealed bottles of wine or sparkling wine with a minimum price of £15 per bottle.

 

31.  That external tables and chairs are to be rendered unusable by 22:30, until the start of trading hours the following day.

 

32.  That there shall be no vertical drinking permitted in the designated external areas (hatched blue on the premises licence plan).

 

33.  That customers and staff are not permitted to smoke outside a unit at anytime (save for in the designated external areas hatched blue on the premises licence plan).

 

34.  That no loudspeakers shall be positioned externally, or in a place/direction that causes a noise nuisance to residents.

 

35.  That after 22:00 there shall be no collections for delivery of take- away food or drink.

 

36.  Thattakeaway delivery drivers/riders shall be given clear, written instructions to use their vehicles in a responsible manner so as not to cause a nuisance to any residents or generally outside the licensed premises, not to obstruct the highway and not to raise their voices in a manner that disturbs residents.

 

37.  That no customers shall be permitted to queue on the public highway.

 

38.  That there be no live sports events shall be screened at the premises.

 

39.  That the operational management plan includes: Borough Yards shall employ a taxi marshal or marshals in accordance with a written risk assessment.

 

40.  That the operational management plan includes: There shall be a designated taxi drop off point at Soap Yard for customers of the units in Stoney Street and Park Street.

 

41.  That the operational management plan includes: Borough Yards shall liaise with the residents’ forum on appropriate taxi drop off and collection points.

 

42.  That the operational management plan includes: Clink Yard shall be referred to as “Soap Yard” in publicly available documents (including websites). All references to Clink Yard in the licence conditions are to be read as referring to Soap Yard.

 

43.  That the opening hours and licensable activities on Sundays are restricted to 10:00 to 23:00.

 

44.  That toilets within the premises must remain open until the last customer has left the premises.

 

45.  That wherever possible, single use plastics (both receptacles and straws) should not be used, unless there is no alternative.

 

46.  That the operational management plan includes: quarterly meetings with residents and resident representatives shall be facilitated by the Borough Yards’ estate managers unless and until all parties agree that they are not required or required to the same frequency.

 

47.  That the operational management plan includes: security shall assist in encouraging buskers creating a nuisance on the immediate periphery to move on.

 

48.  That the operational management plans includes: Borough Yards must deploy sufficient SIA’s and/or street marshals, in accordance with a risk assessment, to ensure that customers using the licensed premises do not create a nuisance to nearby residents.

 

Additional conditions in relation to the external terraces 

 

49.  That comprehensive management controls will be implemented to ensure the safe use of the terraces by customers and at all times ensure compliance with the approved operational management plan dated July 2021.

 

50.  That staff shall monitor and supervise the terrace areas and institute suitable methods of controlled entry to these areas at all times.

 

51.  That here shall be no music played within the external seating areas.

 

52.  That no loudspeakers shall be positioned withing the external seating area.

 

53.  That there shall be no vertical-drinking permitted in the external seating areas.

 

54.  That smoking shall only be permitted within the designated smoking seats.

 

55.  That there shall be a terrace management plan in place and available for inspection upon request by an authorised officer.

 

Additional conditions for the use of the food van 

 

56.  That there will be no draught beer served from the food van.

 

57.  That there shall be prominent signage displayed that toilets are freely available within the restaurant unit.

 

58.  That all alcohol will be dispensed in sealed containers only and no bottle openers will be available.

 

Reasons

 

This was an application to for a premises licence in respect of the premises known as Cafe Francois, 14 - 16, Stoney Street, London SE1 9AD.

 

The licensing sub-committee heard from the representative for the applicant who advised members that the premises would be a modern French bistro restaurant, delicatessen and bakery, with ancillary bar and external seating area. The premises would be the second operation for the applicant who already operated a successful trouble free premises in the St James’s area of Westminster.

 

The outstanding issues raised by other person 3 and other person 5 concerned the use of the food truck and the gantry which was elevated on the first floor both of which had been addressed by way of additional conditions and would be subject to the applicant obtaining planning permission.

 

The proposed hours and conditions were substantially in the same form as the premises licence granted by the licensing sub-committee to the applicant’s landlord in 2021. The sub-committee were asked to note that the now chair of the residents sssociation (other person 2) had been engaged in substantial dialogue in 2021 regarding the grant of that premises licence.

 

There was also no longer any representations from responsible authorities despite the premises being in the Borough and Bankside cumulative impact area.  Even if members were concerned with the premises being in a CIA, the application already mirrored the licence granted in 2021. 

 

The representative then went through the conciliated conditions and explained how they addressed the outstanding representations.

 

The licensing sub-committee noted that the police had conciliated with the premises.  The sub-committee also noted that the ward councillor and one of the residents, being the chair of the residents association, had conciliated with the applicant after the plans for the premises and conditions had been amended. Both wanted to withdraw their representations, but under Licensing Act 2003 (Hearings) Regulations 2005 were unable to do because it was less than 24 hours before the hearing.  The sub-committee also noted the representations from two other persons who were not present at the hearing.

 

The licensing sub-committee were satisfied that there was exceptional reason why the CIA policy did not apply.  The operating schedule largely replicated the premises licence granted in 2021 and a plethora of additional conditions had been added.  Other person 2 who was the chair of the residents association had conciliated their representation and had been involved in the negotiations of the 2021 premises licence. 

 

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.