Agenda item

Report of the Executive Director Supporting Communities

 

This is an application for a new premises licence under section 17 of the Licensing Act 2003.

 

Consideration was given to a report of the Executive Director Supporting Communities detailing an application for a new premises licence under Section 17 of the Licensing Act 2003.

 

The Licensing Officer took the Panel through the report and advised the Police Responsible Authority have withdrawn their representation subject to amendments to the application and agreed conditions. Therefore, five relevant representations remain in opposition to the application.

 

The applicant confirmed there were no amendments to the application.

 

The Interested Parties outlined their objections as stated in their written submissions.

 

The Licensing Officer clarified that as set out on page 137 of the agenda, the application was for sales of alcohol for consumption on the premises only.

 

Representing the applicant, Faraj Faraj, Head of Operations, summarised the application and responded to questions by providing the following information:

 

• Any music played at the premises would be background music, which was not a licensable activity.
• Neighbouring residents had been engaged with to ensure that the music did not cause them any nuisance.
• The applicant was in contact with residents and had provided their personal contact number so that residents could get in contact if the music was too loud.
• It was intended that any alcohol served would be in gelato based cocktails, rather than alcoholic drinks such as beer and cider.
• Alcohol was ancillary to the main offering of ice cream and gelato.
• The venue hosted private parties, such as gelato tasting events, including wine and gelato paring in some of the businesses other venues. These events took place in the evening.
• A private party was previously hosted at the premises using a Temporary Event Notice, which was a success and the premises therefore wanted to expand their offering to hold these events more often.
• The premises was open late at night to accommodate customers who wanted dessert after eating at nearby restaurants.
• The applicant was agreeable to amend the hours applied for to supply alcohol for consumption on the premises to 21:30hrs on Sunday, in order to accommodate a 30-minute wind down period.
• The applicant was also agreeable to a condition that stated alcohol could only be served with gelato and ice cream.
• There would be no seating available to consume products outside, the premises would be indoor seating only.
• Waste collection would be carried out by Camden Council by their contractors Viola and would be picked up from the refuse area across the road from the premises. 

 

The interested party and the applicant then made some closing remarks.

 

Decision and reasons

 

Panel Members confirmed that they had been able to follow and understand the submissions and discussion in relation to the application.

 

In deliberation, the Panel agreed that the application was well thought out and that the applicant’s representative, Mr Faraj, had alleviated their concerns in his presentation. All Panel Members were minded to grant the application.

 

The Panel noted that the applicant was agreeable to amend the terminal hour of the sale of alcohol to 21:30hrs on a Sunday, to allow for a winding down period, and agreed that this amendment should be included in the licence.

 

The applicant’s representative had also agreed to a condition that alcohol would be served with gelato and ice cream only, which the Panel hoped would provide reassurance to the interested parties that alcohol was ancillary to gelato and ice cream and aimed to enhance the premises offering.

 

It was also acknowledged that the shop had later opening hours so that customers could stop for a dessert after eating at the local restaurants, which the Panel deemed acceptable.

 

Overall, the Panel were reassured by the applicant’s presentation and agreed that the application was interesting and well thought out. The Panel considered that granting the licence, subject to the agreed amendments and conditions above, would uphold the licensing objectives.

 

 

Therefore, it was

 

RESOLVED –

 

THAT the application for a new premises licence be granted as follows:

 

a)    Sale by Retail of Alcohol (on the premises only)

 

Monday to Friday12:00 – 21:00

Saturday 12:00 – 22:30

Sunday 12:00 – 21:30

 

b)    Opening hours

 

Monday to Thursday11:00 – 22:00

Friday to Saturday 10:00 – 23:00

Sunday 11:00 – 22:00

 

Subject to the following conditions:

 

1)         CCTV shall be installed, operated, and maintained, to function all times that the premises is open for licensable activities. CCTV will comply with the following:

a)    The system will record in real time and recordings will be date and time stamped;

b)    Recordings will be kept for a minimum of 31 days and downloaded footage will be provided free of charge to the police or other authorised officers on request (subject to the Data Protection Act requirements) within 48 hours of any request.

c)    The CCTV system shall be maintained in good working order and at all times the premises is open to the public, be fully operational covering both internal and external areas of the premises to which the public have access.

d)    The CCTV camera views are not to be obstructed.

e)    At all times when the premises are open for the purposes of licensable activities, a

f)      suitably trained member of staff shall be present to assist the Police or an authorised officer in obtaining the CCTV footage.

 

2)         There shall be no vertical drinking and all alcohol sales shall be ancillary to food.

 

3)         The capacity of the venue inside the premises will not exceed 50 persons.

 

4)         Police must be called to incidents of violence and/or serious disorder.

 

5)         An incident log shall be kept at the premises and be made available upon request to the Police or the Local Authority. The book will record the date, time and whom is making the entry. The following must be recorded:

a)    All crime reported to the venue.

b)    All refused sales

c)    Any complaints received.

d)    Any faults in the CCTV system

e)    Any visit by a relevant authority or emergency service

f)      CAD reference numbers where Police are called.

 

6)         A Challenge 25 policy will be enforced, where any person reasonably looking under the age of 25 shall be asked to prove their age when attempting to purchase alcohol and signs to this effect will be displayed at the premises. The only acceptable forms of identity will be those with photographic identification documents recognised in the Home Office guidance; including passports, photo-card driving licence or proof of age card bearing the PASS hologram.

 

7)         The licensee will ensure that staff are trained, as appropriate, in respect of relevant Licensing Law, crime scene best practice and upon the sale of alcohol to drunks and to persons underage. Training shall be written into a programme, on-going review and will be made available for inspection by Police or other responsible authority, upon request.

 

8)         The venue shall not engage the services of street promoters to encourage clientele to attend the venue.

 

9)         No patron shall be permitted to leave the premises whilst in the possession of any drinking vessel or open glass bottle whether empty or containing any beverage. This includes patrons using the smoking area(s).

 

10)      Consumption of alcohol on the premises shall cease 30mins after the permitted hours for the sale of alcohol.

 

11)      There shall be a waste management plan to ensure timely and proper disposal of waste, reducing litter and unpleasant odours.

 

12)      Deliveries and waste collections shall be scheduled during daytime hours to minimize disturbance to neighbours.

 

13)      Alcohol shall only be served with gelato and ice cream.