Agenda item
Gusta Coffee, 91 Fieldgate Street, E1 1JU
Minutes:
In attendance
Robert Jordan (Applicant’s Agent)
MahmudurJany Rahman (DPS)
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 Robert Jordan (applicant) who informed the Sub-Committee that the intention was to make ‘off sale’ sales only. There would be a training programme in place to raise awareness of staff in terms of following procedures and applying the Challenge 25 proof of age scheme. Mr Jordan referred to the concerns raised by the objectors and stated that Gusta Coffee was not related to Tayyabs restaurant and was no longer seeking to provide late night refreshment nor regulated entertainment as stated in the objection on page 120 of the agenda pack. Mr Jordan stated that no objections had been received from the responsible authorities and asked the Sub-Committee to approve his application.
Members questioned the types of alcohol that would be on sale. In particular they enquired about the strength of the beer to be sold (ABV) and the quantities (i.e. single cans or multipacks). They also questioned the timings for the sale of alcohol and felt that 7:00 a.m was too early for alcohol sales. The Sub Committee also had regard to the potential for noise disturbance during litter clearance and the potential for street drinking if disposable cups were sold.
Members decided to GRANT the application.
Decision
Having considered the written representations from the applicant and objectors and the and oral representations from the applicant, the Sub Committee was satisfied that the conditions offered by the applicant largely addressed the concerns raised by objectors and Members and would promote the Licensing Objectives. However, in order to allay concerns of Members and objectors regarding the potential for noise nuisance and anti-social behaviour, the Sub Committee amended the conditions offered by the applicant to reduce alcohol sales hours and also agreed additional conditions in respect of litter collection times, the sale of disposable cups, the strength of beers (ABV) and restrictions on the sale of single cans.
Accordingly, the Sub-Committee unanimously
RESOVLED
That the application for a Sale of Alcohol license for Gusta Coffee, 91 Fieldgate Street, London E1 1JU be GRANTED.
Hours premises are open to the public
· Monday to Thursday 0700 – 2330 hours
· Friday to Saturday 0700 – 2400 hours (midnight)
· Sunday 0700 – 2230 hours
Sale of alcohol (off sales only)
· Monday to Saturday 1100 – 2300 hours
· Sunday 1200 – 2200 hours
Conditions
1. Staff training shall be recorded and updated every 6 months.
2. Training shall cover the requirements for ID as part of age verification, how to detect proxy sales, the consequences of underage sales (fines and punishment), drunks and street drinkers, licensing objectives and other relevant matters as regards the licensing act, and the responsibilities of staff.
3. The licence holder shall ensure that a refusals register is kept on the premises and that this shall be immediately available upon request of an authorised officer.
4. The register shall record any refused sale of alcohol. The refusal register shall be inspected on a regular basis by the DPS (or nominated person) and signed by the DPS (or nominated person) that they have checked the register.
5. 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. Signage of the ‘challenge 25’ policy shall be prominently displayed on the premises.
6. Signage shall be prominently displayed warning customers of the legal penalties for purchasing alcohol for any person under the age of 18 years.
7. Signage shall be displayed in a prominent position on the premises requesting that customers leave quietly.
8. There will be a suitable colour digital CCTV system installed at the premises
· The system must be capable of providing 30 days recording.
· The images recorded are to be retained for 30 days and made available to the Police or other enforcement agencies upon reasonable request.
· Police or other agencies to ensure any request meets data protection law.
· DVD/USB copies of relevant footage to be provided to the Police or other enforcement agencies at no cost.
· Any failure to be rectified within a two weeks period.
9. No coffee or snack will be served after 22.00 hours on a Sunday.
10. No beers/ciders with ABV above 5.6 to be sold in single cans (minimum of 4 pack) to be sold
11. No disposable cups/glasses to be sold
12. Rubbish to be disposed of between the hours of 8am to 8pm Monday to Saturday and 9am to 8pm on Sunday
Supporting documents: