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Contact: Democratic Services Committee Manager
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Appointment of a Chair Minutes: |
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Declarations of Interest Minutes: No declarations of interest were made. |
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Meeting Procedure Minutes: |
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Additional documents:
Minutes: Representation from the Applicants Representative The Applicants
Representative then gave their report highlighting the following areas: · The application was to vary the
supply of alcohol only (for consumption off the premises only) from Monday to
Sunday between the hours of 11:00 and 20:00. · The Applicant had considered the
geographical / locational factors as the premises was in a Cumulative Impact
Areas (CIA) since the previous hearing on 20 May 2025.application. · Crime statistics was limited to
anti-social behaviour with only five recorded incidents in King Street. · The hours applied for were not
excessive. · Only beer was kept in the fridge with
spirits and wines stored behind the counter to prevent shoplifting. · CCTV was installed and included
cameras on the counter top and within the shop along
with two external cameras being installed since the previous application due to
concerns of limited views of the shop. · There would be no sales of single
cans of beer. · There would be a minimum spend of £5
as advised by the Police if the application were granted. · The premises sold vapes and operated
a ‘Challenge 25’ Rule. · The applicant wanted to run a
responsible business. In response to questions the Applicant said the following: ·
The Premises wanted to be able to sell alcohol
as it was a convenience store and needed a full range of products to be
available to customers. ·
The applicant had no desire to sell to street drinkers
and were aware of who the street drinkers were. ·
The applicants wanted to run a viable business
and understood why strict conditions were needed. Representations from Police Sergeant Kevin Sutcliffe and PC Clare
Metcalfe ·
The
Polce still had concerns even though the applicant had tried to address
previous issues and offered additional conditions. ·
Not all of the issues in the area were due to crime. ·
The CIA
was designed to reduce/displace issues. ·
There
were historical issues in the location ·
Although
there were issues across the city, King Street did cause numerous problems to
residents, businesses and customers. · The area including Christs Piece had
suffered from robberies, street drinking and was a focal point for drug users,
dealers and youths and was an unattractive area to walk through. Summing up. The Officer reminded Members they were to determine the
application on its individual merits having reference to the statutory licensing
objectives and Cambridge City Council’s Statement of Licensing Policy and the
Cumulative Impact Assessment. Members should take such steps that they consider were
necessary for the promotion of the licensing objectives. The subcommittee may
resolve: a.
To grant the variation as applied for. b.
To modify the conditions of the licence. c.
To reject the whole or part of the application. Members must give reasons for their decision. In making the
decision the committee considered the following: ·
Statutory
provisions (Licensing Act 2003) ·
Statutory
Guidance ·
Cambridge
City Council’s Statement of Licensing Policy ·
Reports ·
Advice
from Legal Officer ·
Representations
from those listed above. The Decision The Committee made the following findings of fact: ·
The premises opened 16
April 2025 and is in a Cumulative Impact Zone (CIZ). The police continue their
previous opposition to the Application. ·
There were seven
licensed premises concentrated in a tight area in the King Street area and 18 distributed
across a slightly wider area. These had the potential to impact on the
promotion of the licensing objectives including the prevention of crime and
disorder and prevention of public nuisance. The applicant gave evidence that,
as it was offering more robust conditions than had been imposed on other
premises, that safeguarded against any negative impact upon the licensing
objectives within the CIZ. Members noted this but differed in their conclusion,
finding that any additional licensed premises within walking distance of the
proposed premises would increase the concentration of off-licence options and
have a negative impact. ·
It was relevant to
Members that the premises backs onto Christ’s Pieces, one of the City’s premier
green flag spaces. It included a small playpark, used by mothers and their
children, and tennis courts. The space had been subject to ASB and needed to be
protected or maintained. Any change in conditions which may increase the likelihood
of crime and disorder must be seriously scrutinized. ·
The police accepted in
submissions that there had been some changes in King Street since the last
hearing for example a set of preventative barriers highlighted at Section 5 of
the report, which “designed out” access to certain alleyways where previously
there had been a congregation of street drinkers. However, under questioning
from Cllr Clough it was ascertained that the closed off alley was some distance
away from the Premises’ i.e. roughly at no. 4 on the map within the
appendix. The premises were closer to the Christ Pieces location than the
designed-out alleyway and so it remained accessible to street drinkers. Police
Sergeant (‘PS’) Sutcliffe supported this in his oral evidence on the point, confirming
that ASB and disorder had not been designed away by new barriers at Malcolm Street, and indeed the physical change had
only led to a dispersal of those street drinkers closer towards the city centre
and to the shop. Members accepted evidence that the premises is extremely
proximate to access points into Christ’s Pieces, an area known to experience
street drinking, drug use and disorder. ·
Mr Daly, for the
applicant, submitted that police national statistics showed that since the last
application, only a further 5 stop and search incidents had occurred on Kings
Street. PS Sutcliffe confirmed this but noted that in September 2025 one of those
incidents was recorded in the higher, violent category. Mr Daly submitted that
by comparison to the London Boroughs he had worked as an officer for the
Metropolitan Police, Kings Street was not a bad area (although he recognised
the CIZ was justified) and highlighted that other areas
such as Market and Sydney Sussex street had
statistically many more crimes incidents.
However, PS Sutcliffe was clear that the history of disorder and crime
in the location should not be minimised. He confirmed that in addition to
robberies and crimes, there is an ongoing issue with youths, with phone thefts,
disorder and aggression. Groups congregate at night and the location is not
well lit. Street drinkers are present throughout the day. ·
Members accepted police
submission that directly linked the concentrated availability of alcohol as a
contributing factor. The following crime statistics and information were
provided: a. Previously an individual was stabbed close to the tennis court in Christ’s
Pieces and alcohol was a causative factor. This is very close to the premises. b. Sydney Sussex College – which has residential student accommodation in
the area had complained that street drinkers slept outside rear gate in Malcolm
place and defecated there. Jesus college made similar complaints. The Business
against crime partnership also reported to PS Sutcliffe that disorder continued
in the location, in similar terms to those described at the last hearing. He also
confirmed that support services and the police Street Outreach Team say that
street drinkers pose a significant challenge and undermine the objective to
prevent crime and disorder. c. PC Metcalfe confirmed that the lack of relevant retail experience with
street drinkers made it likely that they would struggle to control the problems
described. ·
Members gave careful consideration to the Applicant’s revised
operating schedule and the extensive package of conditions proposed in support
of the application. Members expressly acknowledged that many of these
conditions represented positive, thoughtful and constructive steps, including
the reduced hours, the restriction of alcohol strength to 5.5% ABV, the
prohibition on single can sales, the control of alcohol displays, CCTV,
Challenge 25, and incident/refusals logs, together with proposed membership of
CAMBAC. Members accepted that, taken in isolation, these measures could reduce
risk within the premises; however, they were not satisfied that the conditions
were sufficient to rebut the presumption against grant within the Cumulative
Impact Zone, because the principal concern in this location was the external,
location-specific cumulative impact arising from the concentration of licensed
premises and persistent street drinking and related ASB in the immediate
vicinity. ·
Members carefully
scrutinised the Police objections, as advised, and were satisfied that they
were supported not only by crime statistics but also by oral and written
testimony, corroborated by contemporaneous reports from colleges, local
businesses and outreach services. Members accepted that not all relevant
incidents manifest as recorded crimes, and that behaviours such as aggressive
begging, obstruction of passageways, people sleeping in doorways and defecating
in public spaces are highly relevant to the promotion of the licensing objectives,
particularly the prevention of crime and disorder and public nuisance. ·
Members also took into account concerns regarding experience, staffing
and training. While Members acknowledged that the Applicants had operated the
premises since April 2025 and had demonstrated some experience with
age-restricted sales, they were not satisfied that the evidence demonstrated
sufficient experience or training to manage the particular
challenges posed by this location. Members noted that the proposed
Designated Premises Supervisor had limited experience in the UK and in
Cambridge specifically, that the DPS was not present at the hearing, and that
the evidence as to who would deliver and oversee specialist training in dealing
with street drinkers and aggressive behaviour was unclear. Members were
concerned that this application sought to introduce alcohol sales into a highly
challenging environment at a time when the Applicants were still developing the
necessary experience and operational resilience. ·
Members further noted
practical concerns raised during the hearing, including issues relating to
visibility from outside the premises due to obscured windows, uncertainty as to
the precise positioning of alcohol displays, and the enforceability of certain
suggested mitigation measures, such as minimum spend proposals, which were not
ultimately offered as conditions. ·
Members also considered whether
the business required alcohol sales in order to remain
viable and noted the evidence that the premises had continued to trade for
several months without a premises licence. While Members accepted that economic
considerations and business growth are relevant, they concluded that these
factors did not outweigh the risks identified in this specific location within
the Cumulative Impact Zone. ·
In reaching these
conclusions, Members did not treat the refusal of the application in May 2025 as
determinative. Rather, they treated it as relevant background only and assessed
the current application afresh on its own merits, taking into
account all new evidence, submissions and proposed conditions presented
at the hearing on 5 January 2026. ·
Applicant had met all the
safety and licensing requirements. ·
The applicant had
licensing experience within Cambridge, which has been managed well. ·
The premises offered a
cultural and community venue for local and other residents. ·
The Applicant had a good knowledge
and context of the CIA, including the effects of licensed premises within the
CIA. Resolved: (i) That taking all of the above matters together, the
Sub-committee concluded that granting the premises licence would be likely to
undermine the licensing objectives, in particular:
(ii) The
Sub-committee found that Having
listened to all the evidence and considered the statutory framework, policy guidance,
representations and advice, the application for the grant of a premises licence be REFUSED. Our reasons for reaching the decision are as follows: 1. Although the Applicant had proposed a number of
helpful and constructive conditions and had taken steps in the right direction
since the previous refusal, those measures were insufficient to rebut the
presumption against grant within the Cumulative Impact Zone, given the
location-specific evidence of ongoing alcohol-related disorder and cumulative
impact. |