Home > Agenda item

Agenda item

Licensing Act 2003 - Application for a Premises Licence at 53 Limpsfield Road, Sanderstead

Minutes:

The recording of this item can be viewed by clicking on the link here.

 

Following the item being heard the Licensing Sub-Committee’s decision is as follows:

 

The Licensing Sub-Committee considered the Application for a Premises Licence at 53 Limpsfield Road, Sanderstead and the representations received as contained in the report of the Executive Director ‘Place’ and the additional documentary evidence submitted by the Applicant prior to the hearing and incorporated in the supplementary information published as an addendum to the report.

 

The Sub-Committee noted that the Applicant had, in discussions with the Police licensing officer, the Council’s Safety Team and the Trading Standards Team, amended their application to have the conditions at Appendices A2, A3 and A4 respectively of the report added to the licence, if the Sub-Committee were to grant the application.

 

The Sub-Committee also considered the representations made by the Applicant and the objector during the hearing. It was noted by the Sub-Committee that the objector did not need to reside in proximity to the premises in order to make representations and observed that they had the benefit of both the written representations by the objector and those made in person at the hearing.

 

The Applicant applied for the Sale by Retail of Alcohol – consumption ‘On’ the premises: Monday to Sunday 1200 hours (midday) to 2100 hours as well as a “Seasonal variation” - From 15 October to 15 January each year (for the run up to Christmas) Monday to Sunday 0830 hours until 2100 hours.

 

During the course of the hearing, and following consideration of the matters raised by the Licensing Sub-Committee, the Applicant varied their application to reduce the proposed hours of sale of alcohol during the “Seasonal variation” period - From 15 October to 15 January each year -as follows: Monday to Sunday 10.00 hours until 2100 hours

 

The Sub-Committee, having reference to the licensing objectives under the Licensing Act 2003 and the Council Licensing Policy, RESOLVED to GRANT the application as amended by the Applicant on the basis that the Sub-Committee were satisfied that it would support the Licensing Objectives to do so.

 

The reasons of the Sub-Committee were as follows:

 

  1. The Sub-Committee considered that the objection related predominantly to public safety (in relation to Covid-19 compliance) and the potential for public nuisance. In relation to the latter, the objector specifically highlighted concerns about patrons leaving late at night and collections of patrons departing at 10pm. The Sub-Committee noted that the application in question related to a premises which would only be open to the public until 9pm so would not be a late night venue nor would the Applicant’s patrons be departing the premises at 10pm as suggested by the objector. The Sub-Committee also noted that there had been no prior concerns raised about noise disturbance or anti-social behaviour emanating from the premises and there were no objections from the Council’s noise nuisance team or other responsible authority about the operation of the premises.

 

  1. The objector raised concerns about adherence to Covid-19 guidelines, particularly in relation to signage and the wearing of face coverings by those working within the café and therefore raised concerns about the ability of the premises to operate responsibly if the premises were permitted to sell alcohol. The Sub-Committee noted the evidence provided by the Applicant in relation to the signage in place and the assurances given by the Applicant that these were currently in compliance with Government guidance and requirements. The Sub-Committee was mindful that over the period during which the application had been made and the hearing date, there were a number of changes in the requirements on businesses, not least of all in relation to signage, but were satisfied with steps which the Applicant had made in relation to signage and did not perceive that these matters gave rise to concern that the Applicant would be unable to operate the business responsibly and in accordance with the Licensing Objectives if permitted to sell alcohol.

 

  1. In relation to the wearing of face coverings by staff, the Sub-Committee noted the additional information which the Applicant had provided in advance of the hearing and in person at the hearing in this regard regarding the wearing of face coverings on the premises by staff. The Sub-Committee were also mindful of the fact that the obligation on staff at such premises to wear face coverings was not introduced until 28 September 2020, which is subsequent to both the application being made and the objections being received such that at the time of the application and objections, there was no statutory requirement for staff in the premises to be wearing face coverings.

 

  1. The Sub-Committee were reassured by the detail given by the Applicant regarding the operation of the business, including management of the premises and how the Applicant proposes to support the Licensing objectives through the amendment to their application to include the conditions agreed with the Police, Trading Standards and the Council’s Safety team.

 

  1. In relation to the representation by the objector that there was no need for additional venues in the area, the Sub-Committee were mindful of the provisions in paragraph 14.19 of the Statutory Guidance which provides that  the commercial need or demand for another venue providing a particular service is a matter for the planning authority and for the market. This is not a matter for a licensing authority to consider in discharging its licensing functions.

Supporting documents: