Agenda item
Licensing Act 2003 Application for variation of a Premises Licence for Funk, 142 Columbia Road, London E2 7RG
Minutes:
At the request of the Chair, Ms Kathy Driver, Principal Licensing Officer, introduced the report which detailed the application for variation of a premises licence for Funk, 142 Columbia Road, London E2 7RG. It was noted that an objection had been received from a local resident.
The Applicant’s Legal Representative, Mr Andrew Woods, and the Applicant, Mr Mathew Carver, explained why a variation of the licence was being sought. Mr Woods said the application was seeking an extension to the existing licence to 21:00 hours Monday to Saturday and 19:00 hours for Sunday with the removal of non-standard timings on the licence. Mr Woods said Mr Carver had taken over the premises in October 2020 and was a leading cheese specialist selling exclusively produced artisan cheeses with an offer of wine and beer. Mr Woods stated the Applicant had, between 12th November 2020 to 20th February 2021, applied for Temporary Event Notices (TENs), and had successfully operated until 21:00 hours with no issues or complaints from residents.
Mr Woods said the objection from Mr Crozier was of a general nature and did not relate specifically to the premises. He said they had written to Mr Crozier, but had not received a response. Mr Woods said no representations had been made by the responsible authorities. He referred to the supplementary agenda and said Mr Carver owned several similar cheese outlets in London and referred to the product list and said he hoped this would give the Sub-Committee an idea of the nature of the shop and what it sells.
Mr Carver added that due to the pandemic, his restaurant business had closed and therefore he wanted to keep the supply chain going to support small scale producers. He said his company was based in Hackney Wick and he’d been looking for some time to find a shop in east London to trade from. He said he had run a delivery service throughout the lockdown and found there was great demand for his produce, especially in this locality. He said the current closing times did not make the business viable and many local people were disappointed with the closure time of 19:00 hours. He said through the TEN’s he received positive feedback from customers who wanted the shop to stay open until later.
Mr Crozier, the Objector was not in attendance at the meeting. The Chair read out Mr Crozier objection and the concerns cited relating to public nuisance and the number of licenced premises in the area changing the character of the street.
In response to questions the following was noted:
1. Mr Woods confirmed that the premises was not a bar, as referred to in the objector’s representation. There was no recorded music or any other licensable activity at the premises. The premises is small and unlike a supermarket, people come specifically to buy cheese, wine and/or beer. Precautions such as Challenge 25, regular training of staff and CCTV were in place to ensure the licensing objectives were upheld, and the risk of anti-social behaviour and crime and disorder minimised.
2. No complaints had been received against the premises under the current licence conditions. Cheese was sold with corked bottles of wine which customers took home to enjoy. There had been no issues with customers congregating in the street.
Concluding remarks were made by the Applicant’s legal representative.
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 licensing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- The Prevention of Public Nuisance; and
- The Protection of Children from Harm.
Consideration
Each application must be considered on its own merits. The Chair confirmed that the Sub-Committee had carefully considered all of the evidence before it and the oral representations at the meeting from the Applicant and the Applicant’s Legal Representative. The Sub-Committee noted the written objection of the local resident, who was not in attendance, with particular regard to the licensing objective of the prevention of public nuisance.
The Sub-Committee noted the application was for the variation of the existing premises licence to extend the hours for the sale of alcohol and to remove the non-standard timings on the licence. The Sub-Committee noted the business venture involved the selling of exclusively produced artisan cheeses with an offer of wine and beer. The Applicant had successfully demonstrated through Temporary Event Notices (TENs) the demand for the produce sold and that the licensing objectives would be upheld if the extension in hours was granted. The Applicant stated that most of the customers were local residents. It was noted that there had been no complaints or issues regarding the premises since the business opened.
The Sub-Committee noted the local resident’s objection and concerns relating to public nuisance but felt these were general concerns about the area rather than specific to the premises.
The Sub-Committee was satisfied that the extension in the hours of operation was reasonable and that the licensing objectives would be promoted by the granting of the application
Decision
Accordingly, the Sub-Committee unanimously;
RESOLVED
That the application for a variation of premises licence for Funk, 142 Columbia Road, London E2 7RG be GRANTED with conditions.
Sale of Alcohol (off sales)
Monday to Saturday 10:00 hours to 21:00 hours
Sunday 10:00 hours to 19:00 hours
Hours premises is open to the public:
Monday to Saturday 10:00 hours to 21:00 hours
Sunday from 10:00 hours to 19:00 hours
Removal of non-standard timings “From November to December (terminal hour 20;00 hours on Wednesday’s and Sunday’s”.
Conditions
- To prevent the supply of alcohol to under-age customers, we will apply "Challenge 25".
- Alcohol bottles will be stored right next to the counter (the further away possible from the door of the premises), so that good vigilance of the product can be retained at all times.
- The shop is already equipped with window metal shutters that keep the shop front safe at all times.
- Alcoholic products shall not be displayed on the front window display.
- CCTV system shall be installed to monitor and record the activities, in order to help prevent crime and disorder.
- Clear and conspicuous notices warning of potential criminal activity, such as theft, that may target customers shall be displayed.
- Deliveries of goods necessary for the operation of the business will be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.
- Customers will be asked not to stand around loudly talking in the street outside the premises and will not be admitted to premises above opening hours.
- A "Challenge 25" policy shall be in operation. This will ensure anyone who is over 18 but looks under 25 to carry acceptable ID (a card bearing the PASS hologram, a photographic driving license or a passport) if they wish to buy alcohol.
Supporting documents:
- ColumbiaRd142, item 4.2 PDF 262 KB
- ColumbiaRd142.Red, item 4.2 PDF 2 MB
- Funk - additional evidence Red, item 4.2 PDF 1 MB