Agenda item
Kafe 1788 Ltd, 4 Vesey Path, E14 6BT
Minutes:
In attendance
Richard Macien (Applicant)
The Licensing Objectives
In considering the application, Members were required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Home Office Guidance and the Council’s Statement of Licensing Policy and in particular to have regard to the promotion of the four licencing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merit. The Sub Committee has carefully considered all of the evidence before them and considered written and verbal representation on behalf of the applicant and the objectors with particular regard to the licensing objections of prevention of public nuisance and the prevention of crime and disorder.
In addition Members took note of the Home Office guidance which states that “where there are objections to an application to extend the hours during which licensable activities are to be carried on and the licensing authority determines that this would undermine the licensing objectives, it may reject the application or grant it with appropriate conditions and/or different hours from those requested”.
Members heard from Mr Richard Macien (applicant) who informed the Sub-Committee that the premises is a coffee shop which intended to sell alcohol which would be consumed with the coffee shop only and no alcohol would be drunk in the street.
Member of the Sub-Committee questioned Mr Macien about the location of the premises and noted it was in a residential area, with flats directly adjacent to his shop. Members noted the representations made by the Responsible Authorities and conditions to pertaining to noise and the opening times applied for under the application. It was also noted that the applicant had agreed to the additional conditions proposed by the Metropolitan Police and Environmental Protection.
Members decided to GRANT the application.
Decision
Having considered the written representations from the applicant and the objector and the oral representations from the applicant, the Sub Committee was satisfied that the conditions offered by the applicant largely allayed the concerns raised by the objector and Members and would promote the Licensing Objectives. However, in order to address concerns regarding the potential for noise nuisance and anti-social behaviour, the Sub Committee amended the conditions offered by the applicant in respect of the alcohol sale and regulated entertainment hours and keeping external doors and windows closed (except for access and egress), not serving alcohol in disposable cups and preventing the sale of disposable cups to ensure that the premises had no detrimental impact on residents.
Accordingly, the Sub-Committee unanimously
RESOLVED
That the application for a Sale by retail of alcohol and provision of regulated entertainment for Kafe 1788 Ltd, 4 Vesey Path, London E14 6BT be GRANTED as set out below
Hours the premises are open to the public
· Monday to Friday, from 07:30 hours to 23:00 hours
· Saturday, from 10:00 hours to 23:00 hours
· Sunday, from 10:00 hours to 23:00 hours
The Sale by retail of alcohol (on and off sales)
· Monday to Sunday, from 12.00 hours to 22:00 hours
The provision of regulated entertainment – Indoors
(films and live music)
· Monday to Sunday, from 12.00 hours to 22:00 hours
Anything of a similar description to live music, recorded music and performance
· Monday to Sunday, from 07.30 hours to 20:00 hours
Conditions
1. No alcohol shall be consumed outside the premises.
2. There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.
3. The supply of alcohol at the premises shall be ancillary to food.
4. A first aider will be on site at all times
5. Notices shall be displayed at the entrance and exits to remind customers to leave the premises quietly.
6. A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises
7. Poster with Age check reminder will be displayed around till area.
8 No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
9. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
10. All windows and external doors shall be kept closed at all times except for the immediate access and egress of persons.
11. A CCTV system to be put in place, the cameras are to be of sufficient quality so that people’s faces are clearly identifiable from the footage. The cameras are to be placed in such a way as they cover areas of the pub specified by the Police. The system is to record the footage and to keep it for a minimum of 30 days and a copy off CCTV footage is to be made available to Police or the Local Authority upon request and supplied within 24 hours. While the premises are open to the public a member of staff must be on duty who can operate the CCTV system.
12. An incident record book is to be kept at the premises, this book will record all refusals of the sale of alcohol, all disorder and crimes that occur either in the premises or involve the premises customers, or any other incident of note. The incident book is to be signed off every day by the manager even if there is nothing to report.”
13. No disposable cups/glasses to be sold.
Supporting documents: