Venue: Room 11/12/13 - Eastleigh House, Upper Market Street, Eastleigh SO50 9YN. View directions
Contact: Matt Dobrowolski, Democratic Services Officer Tel: 023 8068 8080; Email: firstname.lastname@example.org Amy Thorne, Democratic Services Officer Tel: 023 8068 8361; Email: email@example.com
Representations from Environmental Health
The officer representing Environmental Health told the Panel that they did previously object to the application as they had concerns related to public nuisance which could be attributed by patrons visiting the premises.
The Environmental Health officer confirmed that an agreement was reached with the applicant who has now produced a Noise Management Plan and all the issues previously raised by the Environmental health have now been addressed.
Representations from the Applicant
The applicant confirmed that there would be no provision of outside tables or chairs (this, not being pursued by the way of highways tables and chairs licence or in relation to the planning consent sought) but the application provided flexibility if this would change in the future.
The sale of alcohol would be very much ancillary to food provision.
Machinery used at the premises would be of domestic scale and not industrial.
No deliveries would be made to the premises; visits would be made to the cash and carry to purchase necessary goods.
The hours applied for provided flexibility but did not reflect the usual hours of trading. Normal opening hours were expected to usually be between 10.00 am and 6.00 pm save for Fridays and Saturdays and sometimes for days when special functions were being held.
Regulated entertainment at the premises would be of limited form and, likewise to alcohol, ancillary to food provision.
The café would have a community character and would mostly rely on passing trade going on foot. Staff working at the premises would be hiring locally and using public transport to travel to and from work.
Representations from Residents
Mrs Bartlett, who was the sole resident to object to the proposed application, raised several concerns, namely:
· Potential of public nuisance.
· Disabled access at the premises
The applicant clarified that there would be a mobile ramp to provide disable access to premises and also a disabled access toilet was fitted.
Drinking alcohol outside the premises would not be permitted and a noise management plan was in place to prevent any public nuisance.
The Panel withdraw to make their decision
The Panel withdrew from the meeting to make their decision and invited the Clerk and Legal Adviser to join them.
Chair read out the following decision:
Wednesday 14th June 2017
Art Deco Cafe – Licensing Panel Decision
All parties will receive formal written confirmation of the decision and reasons.
“The panel has considered very carefully all the evidence submitted both in the formal written representations and given orally today. It has given due weight to all representations made.
It has considered the Licensing Act 2003, the Licensing objectives, the statutory guidance and the adopted statement of licensing policy. Human rights legislation has been borne in mind whilst making this decision.
It is noted that there has been one representation from one resident and from Environmental Health. It was confirmed at the start of the hearing that Environmental Health had been in negotiation with the applicant and a noise management plan had been agreed.
In consideration of all of the above the Panel has determined to grant the application subject to the additional conditions / amendment of the application agreed by the applicant during the course of the hearing.
• That the consumption of alcohol shall not be permitted in any outside areas at the premises.
• That the disposal of bottles into outside bins at the premises shall not be permitted after 21.00 hours or before 10.00 hours on any day.
The panel heard (amongst others) the following points from the Applicant:
- That there will be no provision of outside tables or chairs (this not being pursued by the way of highways tables and chairs licence or in relation to the planning consent sought) but the application. provides flexibility if this might change in the future.
- This is a small scale operation where alcohol is very much ancillary to food provision.
- Machinery at the premises is of domestic scale ( not industrial).
- No deliveries will be made to the premises - visits will be made to the cash and carry to purchase goods/supplies.
- The hours applied for, provide flexibility but do not reflect the usual hours of trading(expected to usually be between 10.00 am and 6.00 pm save for Fridays and Saturdays).
- That regulated entertainment at the premises would be of limited. form and, likewise to alcohol, ancillary to food provision.
The Panel heard that concern expressed by Environmental Health had been resolved through the adoption of a noise management plan.
It was also noted that police objection had been resolved by agreeing conditions relating to CCTV, Challenge 25 Policy, Training and a Refusals Book at the premises.
In light of the general nature of the proposed activity and the low level of risk to the licensing objectives the Panel was satisfied that it would not be appropriate or necessary to further restrict of refuse the application at this stage.
Residents should be reassured that in the event that the premises do create issues relating to any of the four licensing objectives, and where there is sufficient evidence to support it, a review may be brought and steps may be taken at that time if appropriate. Should the premises change in the nature of their operation or in fact cause public nuisance the review can be initiated by residents or responsible authorities.
It is clear from how the hearing proceeded that the Applicant will happily engage with residents and it is recommended that this contract and discussion is carried forward by all parties as the business starts to operate and in future generally.
There is a statutory right of appeal ... view the full minutes text for item 13.