Decision

 DECISION NOTICE

1. Park Café SE13 Ltd (“the Applicant”) applied for a New Premises Licence on 2 July 2026 for Field Cafe, Ladywell Fields SE13 7XA (“the Premises”).
2. The application was made and advertised in accordance with Regulation 25 of the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005. To ensure compliance the last date for representations was extended from 30 July to 3 August 2026. 
3. The particulars proposed for the premise licence were:

Particulars of Application

Supply of alcohol for consumption on and off the premises

•         12:00-18:00 Monday to Friday

•         12:00-20:00 Saturday to Sunday

Opening hours of premises

•         12:00-18:00 Monday to Friday

•         12:00-20:00 Saturday to Sunday

1. One representation was received from a member of the public on the grounds that the application does not promote the Licensing Objectives of the prevention of public nuisance and the protection of children from harm. The representation was received within the specified time, was examined by Officers and was not considered to be vexatious or frivolous.
2. Following representations from the licensing authority, conditions offered by the Applicant were modified and agreed to be replace those offered by the Applicant in their entirety to ensure clarity, proportionality and enforceability. The representation from the licensing authority was withdrawn, and a list of the agreed conditions is included at page 36 of the Agenda Reports Pack.
3. 6. The Licensing Sub-Committee D held a meeting on 26 August 2026 to consider the Application. Safer Communities, Licensing Officer, Angela Mullin-Murrell, introduced the report. Joel Falconer then addressed the Sub-Committee in support of the premises licence application. Mr Falconer stated that the Applicant understood the concerns raised in the objection and hoped that the change to the park could be a positive change. Mr Falconer stated that he had operated other licensed premises in Ladywell as well as TENs over the summer which had all gone well. Mr Falconer emphasised that the café was not a drinking establishment and that the alcohol was an adjunct to food.
4. 7. In relation to anti-social behaviour, Mr Falconer stated that the Applicant had spoken regularly with the safer neighbourhood team, and they were supportive. The Applicant had also received feedback that the café being open and busy was a deterrent to anti-social behaviour in the park. Mr Falconer added that there had been no issues with anti-social behaviour when the Applicant had operated under TENs. Mr Falconer stated that the alcohol would be consumed at outdoor tables, and the intention was for alcohol to be consumed in future in the recently enclosed courtyard at the side of the café. Mr Falconer stated that anti-social drinkers would not be buying beer and wine from the café, which was the last place for anti-social drinking because it is busy and active. Finally, Mr Falconer advised that the Applicant understood the importance of the park remaining welcoming to families and children, which was fundamental to the café. The Applicant had received positive feedback from their operation, and their view was that the café helped create a busy and friendly environment. Mr Falconer concluded by stating that he hoped that the successful TENs which had not led to any problems would be sufficient to persuade the Committee that the Applicant was responsible and committed to operating responsibly.
5. 8. Ms Mullin-Murrell in discussion clarified that the application had been amended to seek a terminal closing hour of 8pm on Saturdays and Sundays.
6. 9. The member of the public who had made a representation against the application did not attend the Sub-Committee hearing.
7. The Applicant was given an opportunity at the end to briefly sum up his case but did not have anything to add. 
8. In making its decision the Sub-Committee has considered all the papers contained in the report pack and submitted documents, including written submissions, together with the oral submissions made at the hearing. The Sub-Committee also considered the Council’s own Statement of Licensing Policy 2026-2031 and the latest Home Office Statutory Guidance, revised in February 2026.
9. The decision of the Sub-Committee is to grant the application for a. new premises licence as follows:

a.     Supply of alcohol for consumption on and off the premises

•         12:00-18:00 Monday to Friday

•         12:00-20:00 Saturday to Sunday

b.     Opening hours of premises

•         12:00-18:00 Monday to Friday

•         12:00-20:00 Saturday to Sunday

c.      Subject to the conditions agreed with the Licensing Authority set out at page 36 of the Agenda Reports Pack.

1. The Sub-Committee’s reasons for taking this decision are:  

a.     Taking into account the hours of operation, the conditions imposed as part of the application are necessary and proportionate to promote the licensing objectives. The proposed hours of operation are modest and do not extend late into the evening. The Applicant had also explained that the café would not operate as a drinking establishment and that the sale of alcohol would be ancillary to the provision of food and other drinks such as tea, coffee and soft drinks. In those circumstances, the conditions proposed by the licensing authority (and agreed by the Applicant) were considered sufficient to promote the licensing objectives and address the risks arising from the application.

b.     The Sub-Committee noted that the Applicant had operated under TENs without any complaints being raised, and this helped demonstrate that the Applicant would be able to operate the premises responsibly.  

c.      In reaching its decision, the Sub-Committee also placed significant weight on the fact that there were no outstanding representations from responsible authorities objecting to the application.

d.     Finally, the Sub-Committee noted that if the licence conditions were not complied with it was open for any person or responsible authority to instigate the licence review process.

1. There is a right of appeal against this decision. Any appeal should be made to the Magistrates’ court within 21 days beginning with the day on which the Applicant was notified of the decision.

Any person who has given notice of appeal on a licensing decision to the Magistrates Court, or is considering doing so, should not approach council officers for legal advice. A person making an appeal should seek independent legal advice, for instance, from a firm of solicitors or the local Citizens Advice Bureau may be able to assist.    

26th August 2026