Agenda and minutes

Councillor Moore was appointed as Chair for the meeting.

 

No declarations of interest were made.

 

All parties noted the procedure. 

 

The Licensing Officer presented their report.

 

In response to questions from the sub-committee, the Licensing Officer stated that:

 

·      the proposed premises were located within a Cumulative Impact Area and were therefore subject to the Cumulative Impact Assessment.

 

Representation from the Applicant

 

The Applicant then gave their report highlighting the following areas:

 

·      The application was to vary the supply of alcohol for consumption on the premises from 08:00 Monday to Saturday

·      To remove Good Friday and Christmas day from the non- standard timing for the sale of alcohol and opening. These currently state:" On Good Friday, 12:00 to 23:30. On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30. On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day."

·      To add Films as a licensable activity (Indoors) Monday to Sunday - 10:00 to 23:00

·        The historical statutory opening hours were dated and their application sought to update their licensing hours in-line with current regulations.

·      The Applicant explained the business model of the applicant and its clientele and how its application would improve the business.

·      The changes would be used to market corporate and similar events rather than a 'breakfast' offering or 'cafe market.'

·      The applicant had liaised with the police prior to making their application and agreed additional conditions with police.

·      The applicant had made investments to improve the premises and consequently the locality.

·      The applicant believed that application would have a positive cumulative effect on the local area and how any effect would be not be of an adverse nature and low risk.

·      The premises were likely to only show films once per month, with a clientele of 30 to 40 persons. But the applicant wished to have flexibility as to the frequency of films shown.

 

In response to questions the Applicant said the following:

·      . The application was for extended hours is for on-sales only.

·      The applicant does not believe an extension of licencing hours would encourage excessive drinking.

·      The applicant has promptly dealt with any issues/complaints during their time at the premises. For instance, noise disturbance from the TV on the neighbour has been dealt with by using speakers which have been reallocated.  However, no noise limiter is fitted as there are no on-going complaints.

 

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 applicants solicitor summed up that the application posed virtually no risk to the Cumulative Impact Area and would help improve and sustain a good business.

 

The Decision

 

The Committee made the following findings of fact:

 

•       The applicant's submissions differed from their actual application.

 

•       No noise records were received from the Interest Party adjoining the premises. However, they have expressed concerns over additional use of the TV.

•       There are currently alcohol-related anti-social problems within the Cumulative Impact Zone

·      The applicant's submissions to the committee were often contradictory, in particular, as to their reasons for wishing to sell alcohol from 8am.

 

Resolved: To VARY the license with the with the following amendments:

 

•       To extend opening hours from 8am Monday to Saturday.

 

•       The external terrace on the first floor not to be used before 10am Monday to Saturdays and 11am on Sundays. [In addition to current restrictions]. •

 

•       To remove Good Friday and Christmas day from the non- standard timing for the sale of alcohol and opening. [These currently state: " On Good Friday, 12:00 to 23:30. On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30. On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day."]

 

•       To add Films as a licensable activity (Indoors) Monday to Sunday - 10:00 to 23:00

 

WITH the Conditions agreed with the Policing Licensing Authority Officer to form part of the varied licence, as amended per conditions above.

 

The reason for the Committee's decision are as follows:

 

•       The applicant's submissions differed from their actual application

 

•       The applicant's submissions to the committee were often contradictory, in particular as to their reasons for wishing to sell alcohol from 8am.

 

•       To prevent additional noise within the area.

 

•       There are currently alcohol-related problems within the Cumulative Impact Zone and the applicant failed to demonstrate how the variation to licence relating to the extension of the hours of alcohol sales would not add to the impact on the area.