Agenda item
Application for variation of a Premises Licence for Versuvio Italian Cafe, Unit 3a, 139 Three Colt Street, London E14 8AP
Licensing Objectives
· The Prevention of Public Nuisance
· The Prevention of Crime & Disorder
Representations by:
- Residents
Limehouse ward
Minutes:
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;
· 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 them and heard the oral representations at the meeting in person from the Applicant, and the written representations which were submitted in the agenda pack by residents.
The Sub-Committee considered an application for a variation of a premises licence by the Applicant, Ms Linda Cross, in respect of Vesuvio Italian Café Unit 3a, 139 Three Colt Street London E14 8AP to vary the sale of alcohol for on and off sale, and to add regulated entertainment namely live music. The Applicant was seeking the following:
The applicant has described the nature of the variation as addition of sales of alcohol and addition of live music:
The hours that have been applied for are as follows:
Sale of Alcohol (on and off sales)
Monda to Friday from 08:00 hours to 18:00 hours
Saturday from 08:00 to 21:00 Hours
Live Music (indoors)
Saturday from 18:00 hours to 21:00 hours
Hours premises is open to the public:
Monday to Friday 08:00 hours to 19:00 hours
Saturday from 08:00 hours to 22:00 hours
Sunday from 10:00 hours to 19:00 hours
Applicant
Ms Linda Cross addressed the Sub-Committee and said that she bought the premises in 2020, the café closed on the 21 March 2020 and reopened for takeaway on the 7th May 2020. Ms Cross explained that she was not eligible at the time for the government schemes to financially support business during the pandemic, however she was eligible in July 2021. The reason
The Sub-Committee took into account the written representations of the objectors, who had previously emailed Committee Services to confirm that although they were not able to attend the hearing but wanted their written representations to stand.
The Sub-Committee noted from those representations that the café is small, with a capacity for 25 covers.
The Sub-Committee noted that the Applicant has 14 tables used outside in the public square, which added to the covers inside, totalled potentially 48 covers.
The Sub-Committee noted the representations that when the café was busy, the general noise level disturbs neighbours.
The Sub-Committee noted the objectors’ acknowledgement that the café operator had started to stack away furniture inside the café overnight, which had been an improvement regarding the impact of the café on the public square. The Sub-Committee noted the objectors’ concerns that the business leaves three unsightly red and white plastic high chairs outside 24/7, and after closing up, there was usually other clutter from the café left outside e.g. menu boards, rubbish bin, and brooms etc.
The Sub-Committee noted from the objections that the objectors would be amenable, if above was dealt with after closing time, and the proposed music is dealt with as described in the application, i.e. is played inside the cafe on limited occasions and not amplified, and the hours were not over the agreed hours.
The Sub-Committee noted the Applicant saying that the level of sound in relation to music would be at a level comfortable to patrons in the café. The Sub-Committee were assured on the balance of probability, that this would result in a level of noise from live music which would not cause disturbance to nearby residents. The Sub-Committee also noted the Applicant’s comment that live music might not even be provided in the Summer.
Paragraphs 2.15 and 2.17 of the Secretary of State’s guidance given under S182 of the Licensing Act 2003 points licensing authorities to the need to ensure that any conditions attached with regard to the prevention of public nuisance should be proportionate in upholding that licensing objective.
Therefore, Members made a unanimous decision to Grant the application.
Accordingly, the Sub-Committee unanimously;
Decision
That the application for a variation of a premises license in respect of Vesuvio Italian Café, Unit 3a, 139 Three Colt Street, London E14 8AP
be GRANTED with conditions: -
Conditions imposed by the Licensing Sub-Committee
1. That live music provided be from no more than one musician ay any one time.
2. That live music provided not be provided from any platform.
Conditions Agreed with Licensing Authority
3. The premises shall install and maintain a comprehensive CCTV system.
All entry and exit points will be covered enabling frontal identification of
every person entering in any light condition. The CCTV system shall
continually record whilst the premises is open for licensable activities
and during all times when customers remain on the premises. All
recordings shall be stored for a minimum period of 31 days with date and
time stamping. Viewing of recordings shall be made available
immediately upon the request of Police or authorised officer throughout
the entire 31 day period.
4. A staff member from the premises who is conversant with the operation
of the CCTV system shall be on the premises at all times when the
premises are open. This staff member must be able to provide a Police
or authorised council officer copies of recent CCTV images or data with
the absolute minimum of delay when requested.
5. An incident log shall be kept at the premises, and be available on
request to the Police or an authorised officer. It must be completed
within 24 hours of any incident and will record the following:
a) all crimes reported to the venue;
b) all ejections of patrons;
c) any complaints received concerning crime and disorder
d) any incidents of disorder;
e) all seizures of drugs or offensive weapons;
f) any faults in the CCTV system, searching equipment or scanning
equipment;
g) any refusal of the sale of alcohol;
h) any visit by a relevant authority or emergency service.
6. A Challenge 25 proof of age scheme shall be operated at the premises
where the only acceptable forms of identification are recognised
photographic identification cards, such as a driving licence, passport or
proof of age card with the PASS Hologram.
6. The supply of alcohol at the premises, for consumption on the premises,
shall only be to a person seated taking a table meal there and for
consumption by such a person as ancillary to their meal.
7. Live and recorded music shall only take place inside the premises and
not in any outside areas.
Conditions agreed with Environmental Health
8. Loudspeakers shall not be in the entrance lobby, or outside the premise
building nor on ceilings. And anti-vibration mounts used if speakers
attached to the walls
9. All windows and external doors shall be kept closed when regulated
entertainment takes place, except for the immediate access & egress of
persons.
10. No noise shall emanate from the premises nor vibration be transmitted
through the structure of the premises, which gives rise to a public
nuisance.
Supporting documents: