Agenda item

The licensing officer presented their report.  Members had questions for the licensing officer.

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

The sub-committee noted the written representations of the other persons objecting to the application, who were not present at the meeting.

The applicant was given up to five minutes for summing up.

The meeting adjourned at 11.48am for the sub-committee to consider its decision.

The meeting reconvened at 12.02pm and the chair advised the attendees of the decision.

RESOLVED:

That the application made by Oli's Bakery Ltd to grant application under Section 17 of the Licensing Act 2003 in respect of the premises known as Oli's Bakery Ltd, Arch 141, Eagle Yard, Hampton Street, London SE1 6SP be granted as follows:

Hours

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 trading standards and the following additional condition agreed by the sub-committee:

1.  That the outside area shall be closed and table and chairs shall be rendered inoperative by no later than 21:00.

2.  That the delivery and collection of goods from the premises shall only occur between 08:00 and 20:00.

Reasons

This was an application made by Oli's Bakery Ltd for a premises known as Oli's Bakery Ltd, Arch 141, Eagle Yard, Hampton Street, London SE1 6SP.

The licensing sub-committee heard from the applicant who explained that the premises was a small family run bakery with a restaurant upstairs. The applicant had previously held a licence at the premises under the name of Casa Columbia Limited until the company was dissolved in November 2020. 

The premises was located across two levels and could accommodate a total of 40 diners across both floors.

A licence to sell alcohol was sought to compete with the other premises in the vicinity, as some customers enjoy a beer with their meal. The applicant intended to offer a small range of beers to be sold ancillary to a meal. It was expected that no more than three or four cases of beer would be sold per week.  The primary business was the bakery, selling bread, sandwiches and English breakfast, coffees etc. Everything was fresh and made on site.

The licensing officer confirmed that she had visited the premises on one occasion to check the blue notice.  The visit was around lunchtime and there were people queuing inside the premises and a couple outside purchasing sandwiches and take away coffees.

Concerning the issues raised by the other persons, the applicant was confident that the complaints could not relate to his premises, because it had only operated for two months.  The issues raised by the other persons predated the operation of Oli’s Bakery. It was also confirmed that the applicant had not operated under any temporary event notices. The licensing officer confirmed that there had been no reported issues at the premises at any time when operating as either Oli’s Bakery or Casa Columbia Bakery.

The applicant accepted that a local resident had complained about the noise from the extractor fan/ducting system, which had now been fixed.

The sub-committee were aware of the issues of noise and anti-social behaviour in the area.  Noise was a particular issue.  Following the construction of the Strata Building,  a tunnel effect had been created, and noise would echo and amplify in Eagle Yard. Noise complaints, particularly those from early morning deliveries, could also not be the fault of the premises, because deliveries to the premises tended to take place between 14:00 to 15:00 each day.  The applicant was agreeable to a condition that deliveries would take place between 08:00 to 20:00.

Regarding litter and the collection of rubbish from the premises, it was understood that the applicant had a contract with Southwark for the collection of waste and had an agreement with the Crossway Church to store their rubbish there which was then picked up. 

During the informal discussion part of the hearing, the applicant confirmed that he had a pavement licence allowing two tables and a total of eight persons. 

It was noted that these tables did not form part of the alcohol licence application and if the applicant should wish to serve alcohol (ancillary to meals) in this outside area, then a variation application would ned to be submitted. A condition had been conciliated with the police, allowing no more than four customers to smoke outside at any one time.

The applicant had conciliated with the police and trading standards which included a reduction in hours and a suite of conditions.

The applicant had also conciliated with the police not to use single use plastics.

The licensing sub-committee noted the representations from four other persons who were not in attendance at the hearing and whose objections concerned the prevention of crime and disorder and public nuisance licensing objectives. 

The sub-committee was satisfied that the conditions conciliated with the responsible authorities and those added by the sub-committee sufficiently addressed the concerns of the local residents. 

In reaching this decision the licensing sub-committee had regard to all the relevant considerations, its equality duties 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 desires to contend:

a)  That the licence ought not to have been granted; or

b)  That, on granting the licence, the licensing authority ought not 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.