AUTHOR: /
CARL KNIGHTS
TELEPHONE: /276198
E-MAIL: /carl.knights@reigate-banstead .gov.uk
TO: /LICENSING SUB Committee
DATE: /2 NOVember 2007
AGENDA ITEM NO: / 2 /WARD(S) AFFECTED:
/ BVSUBJECT: / APPLICATION to vary PREMISES LICENCE FOR CAFFE ITALIA, 49 HIGH STREET, BANSTEAD
PURPOSE OF THE REPORT: / TO DETErmine the application for variation
RECOMMENDATIONS:
Having had regard to the representations the Sub Committee must decide on one or more of the following options as it considers necessary for the promotion of the licensing objectives:
1. To accept the application and attach conditions as consistent with the operating schedule.
2. To accept the application and modify the conditions of the licence- which includes altering, omitting or adding any new conditions.
3. To reject the whole or part of the application.
The Sub Committee has authority to determine the above recommendations.
Background
1. This is an application to vary the Premises Licence of Caffe Italia, 49 High Street, Banstead.
2. The application form is attached at Annex 1.
3. The premises are a Café/bar situated on Banstead High Street in a residential area. A location plan is attached at Annex 2.
4. The current permissions and hours can be found on the premises licence, which is attached at Annex 3.
Application Summary.
5. The application is to amend the following condition from the premises licence:
“No use of outdoor areas by patrons after 23.00 hours, except for ingress to and egress from the premises”
The applicant has indicated, on page 2 of the application, that the following three conditions could replace the above condition:
At all times no consumption of alcohol (nor indeed any other drinks) can take place externally after 11pm
Not more than 10 people at any time may be present on the external part of my premises
This will be monitored by door security at all times and an extension of one and a half hours to the permitted times
6. The application also seeks to add the provision of entertainment facilities for dancing to the premises licence. Entertainment facilities for the provision of dancing are requested between the following hours:
1000 hrs to 0030 hrs – Friday and Saturday
7. These hours are detailed in Section J of the application.
Promotion of Licensing Objectives.
8. Section P of the application form lists the proposed additional steps to be taken to promote the licensing objectives.
Relevant Representations.
9. Ten local residents made representations and one petition was received within the relevant period (Annex 4). The representations concerned the potential for increased public nuisance.
10. Four local businesses, nine local residents and two petitions were received within the relevant period in support of the application (Annex 5).
11. A Notice of Hearing was sent to all the interested parties and to the applicant on 18 October 2007. A copy of that notice which includes the points upon which the Council seeks clarification is attached at Annex 6.
Other Matters
12. On the Saturday 28 July 2007 at 23.40 hours Officers from the Licensing Section visited Caffe Italia and witnessed the following breaches of licence conditions:
Patrons using outdoor area after 23.00 hours,
Music provided at the premises was more than barely audible at the boundary of residential properties in the area,
Patrons dancing in the premises.
A warning letter was issued to the premises licence holder in accordance with the Council’s Enforcement Policy. A copy of this letter is reproduced at Annex 7.
13. On Friday 28 September 2007 at 23.40 hours Officers from the Licensing Section undertook a further visit to Caffe Italia. Officers witnessed the following breaches of licence conditions:
Patrons using outdoor area after 23.00 hours,
Music provided at the premises was more than barely audible at the boundary of residential properties in the area.
A letter under caution was sent to the premises licence holders regarding the latter breach of licence condition. A copy of the letter can be seen at Annex 8. A report is being prepared for submission to the council’s Legal Department with a view to instigating legal proceedings for an offence under section 136(1) of the Licensing Act 2003.
Policy and Legal Considerations
14. Relevant to this application is Section 8 of the Councils’ Statement of Licensing Policy, ‘Licensing Objectives - The Prevention of Nuisance’.
Appeals Procedure
15. In cases where an application to vary has been rejected, in full or in part, an appeal may be made to the Magistrates Court within 21 days beginning with the day on which the appellant was notified of the decision to be appealed against. The rights of appeal are available to both the applicant, in cases where the application is rejected, and to persons who made relevant representations in cases where the application is granted.
Background Papers: / NoneAnnex 1 / Application form
Annex 2 / Location plan
Annex 3 / Premises Licence
Annex 4 / Representations concerning the potential for increased public nuisance
Annex 5 / Representations in support of application
Annex 6 / Notice of hearing
Annex 7 / Letter to premises licence holder re breach of licence conditions
Annex 8 / Letter under Caution to premises licence holder re breach of licence conditions