Decision

The decision of the Committee is to grant the application, as amended orally at the hearing by the Applicant. This is subject to an amended schedule of conditions (attached to this decision notice).

The Committee in reaching its decision has taken into account:

·  The evidence before it both written and oral

·  The relevant parts of the Council’s Statement of Licensing Policy especially paragraphs 4.7, 5.1, 6.1, 6.2 and 6.3.

·  The relevant parts of the Guidance issued by the Secretary of State in particular paragraphs 1.16, 1.17, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.20, 2.21, 2.22, 2.23, 2.24, 2.25, 2.26, 2.27, 2.28, 2.31, 2.32 and 9.12.

Committee’s reasoning and findings are:

Committee heard representations from Mr Mark Graham, the sole director of the applicant company. Mr Graham outlined the nature of the proposed operation, explaining that the premises would function primarily as a café and coffee shop. He confirmed that the first floor would provide overflow seating for the main café operation and would also be used for small, well?managed events. The first-floor area would include a bar facility.

Although the application sought authorisation for the sale of alcohol seven days per week, Mr Graham stated that it was not his intention to sell alcohol on Mondays and Tuesdays. The application had been drafted to cover all days to allow operational flexibility. He further confirmed that alcohol sales forming part of the day?to?day café operation would only be made ancillary to food sales. However, when questioned, he clarified that he wished to be able to sell alcohol at private events without a requirement for the sale of food to be ancillary.

Mr Graham explained that he had engaged in discussions with Northumbria Police, resulting in an agreed schedule of conditions, as set out in the Agenda papers. He characterised these conditions as appropriate to a café?led operation. He acknowledged the concerns raised by both the Police and local residents regarding the scope of the original application. He stated that, due to his background in events work and his lack of previous experience submitting such applications, he had initially applied for a broader range of permissions than ultimately required. Having reflected on the representations received, he confirmed his wish to amend the application as follows:

• Withdrawal of the request for live and recorded music as licensable activities;
• Withdrawal of the request for off?sales of alcohol;
• Reduction of the hours for the sale of alcohol to 12:00–22:30 daily.

In relation to the initial application for live and recorded music, Mr Graham stated that he had not appreciated that he did not require a licence to play low?level background music incidental to the café use, which was all he intended. He accepted that if he wished to hold events involving music beyond incidental background levels, he would need to apply for a Temporary Event Notice.

Addressing matters relating to the rear of the premises, which backs onto residential properties, Mr Graham confirmed that there was no rear access for customers and no provision for a smoking area. He acknowledged the concerns raised regarding waste storage during the premises’ fit?out period. He accepted that the bins had previously been incorrectly positioned in the rear alley but informed Committee that this had now been resolved. He had obtained a large trade waste bin and recycling bins from the Council, which were now stored in the appropriate location. He explained that there was no space within the curtilage of the premises to store the bins. He also noted that several other businesses along the row, including a gym, used the same alleyway, and he could not comment on their waste management arrangements.

Mr Graham emphasised that his intention was to complement and enhance the existing offer on Gosforth High Street. In response to questions from Mr Calderon, he confirmed that a number of pubs and bars already operate in the locality, and it was not his intention to compete with those businesses. The ability to sell alcohol was sought solely to provide flexibility and to enable the premises to offer additional services to customers, including small events and potential expansion of the food offer. He reiterated that the premises would be operated primarily as a coffee shop and that, in practice, it would not usually open beyond 5 p.m. except when hired for private events

Mr Carlos Calderon addressed the Committee to present his representation and concerns. He explained that he had resided in the property directly to the rear of the premises for approximately 20 years. Mr Calderon confirmed that he did not object to the operation of a café in principle; however, he objected to what he perceived to be the scale and nature of alcohol?led activities proposed within the application.

He submitted that the application lacked sufficient clarity, and consequently, the Committee could not be confident that granting the licence would promote the licensing objectives. Mr Calderon also referred to the cumulative impact of the number of alcohol?selling premises already operating in the area. He expressed concern that the proposed operation could increase footfall and associated noise within the rear lane, thereby adversely affecting nearby residential properties, including his own.

Mr Calderon acknowledged and thanked the Applicant for addressing the waste?management issues he had raised in his written representation. However, he maintained that the permissions sought extended beyond those ordinarily associated with a café and urged the Committee to ensure clarity and certainty in the scope of any licence, if granted.

Decision

Committee carefully considered all written and oral submissions presented in relation to the application. It took particular account of the significant amendments made by the Applicant since the original submission, as detailed within the agenda papers. These amendments narrowed the scope of the licensable activities sought, including a reduction in the proposed hours for the sale of alcohol.

Committee noted proposed condition 1 which stated an operating style and the detailed explanations provided by Mr Graham regarding the intended operation of the premises. In particular, Committee accepted that the sale of alcohol would be ancillary to the sale of food, reflecting a café?led style of operation. In order to ensure clarity and certainty around the manner in which the premises would operate, Committee determined that this requirement should be expressly included as a condition of the licence. Committee considered that doing so would prevent the premises from operating as a “vertical drinking” establishment, which had been a concern raised by the Police and reflected in their proposed condition 5. Committee concluded that the Police’s original wording lacked sufficient precision and therefore determined to replace it with a new condition 5, as set out in the schedule attached to this decision.

Committee was also mindful of the Applicant’s request for limited flexibility, specifically to allow alcohol sales not to be ancillary to food where the premises (or part thereof) had been pre?booked for a small private event. Committee concluded that this could be appropriately accommodated within the revised condition, providing both operational clarity and continued promotion of the licensing objectives.

As the Applicant had withdrawn the part of the application seeking permission for the sale of alcohol for consumption off the premises, Committee determined that proposed condition 16 (as contained in the Police’s agreed schedule) was no longer necessary or appropriate and should therefore be removed.

Committee was grateful for the representations made by Mr Calderon. Having carefully considered these, Committee noted that it was not disputed that the Applicant had resolved the previously identified waste?management issues. In respect of Mr Calderon’s concerns regarding the scale and scope of alcohol-led activities, Committee concluded that the amended operating schedule, together with the withdrawal of certain licensable activities originally sought, now provided sufficient certainty as to the intended operating style, including the scale and character of alcohol sales. Committee was satisfied that the application, as amended—including the reduced hours for the sale of alcohol—would promote the relevant licensing objectives.

Accordingly, Committee determined to grant the application as amended and as detailed in this decision.

In reaching its decision, Committee also had regard to paragraph 9.12 of the statutory Guidance issued under section 182 of the Licensing Act 2003, which recognises each Responsible Authority as an expert in its respective field.

Conditions

As per the operating schedule attached to this notice, with the amendments noted above.

Right of Appeal

There is a right of appeal against this decision to Newcastle Magistrates Court.  An appeal must be commenced within 21 days beginning with the day on which you receive written notification of the decision.

Conditions

To operate in conjunction with conditions offered in the application.

1. The premises shall trade primarily as a cafe with small bar facility on the first floor.
2. A food menu will be available from opening to the public until 22:00 daily.
3. There will be no change to the brand or operating style of the premises without prior written notice to the Licensíng Authority, which shall include details of the brand or operating style of the premises. The Licensing Authority shall advise within 21 days whether a formal application for variation or a new application is required and the licence holder shall comply with that direction.
4. Waiter/waitress service shall be available for all orders of food and drinks.
5. Alcohol shall only be sold to customers who are also purchasing food, save for when the premises (or part of thereof) is pre-booked for the exclusive use of a private event. At such events, alcohol may be sold without the ancillary purchase of food.
6. A 'Challenge 25' policy shall be adopted, implemented and maintained ensuring that all members of staff are trained to refuse supply to anyone who appears to be under the age of 25 and who is seeking to obtain any age restricted product unless that person provides credible photographic proof of age evidence. Such credible evidence shall include a photograph of the customer and acceptable form of lD. Examples of acceptable lD are limited to photo card driving licence, passports, military identification or proof of age cards bearing the 'PASS' hologram. No other evidence of age and identity may be accepted.
7. There shall be displayed suitably worded signage of sufficient size and clarity at the point of entry to the premises and in a suitable location at any points of display and sale advising customers that underage supplies of alcohol are illegal and that they may be asked to produce evidence of age.
8. Staff shall refuse to supply alcohol to any adult who they suspect to be passing the alcohol to those underage. Details of such refusals shall be documented and made available to police or local authority on request.
9. An incident and refusals log shall be maintained on the premises (in writing or digitally) to record incidents and refusals and shall be made available to officers of the Licensing Authority or Northumbria Police upon request. Details of the following shall be recorded:-

a.  Drugs or other illegal items recovered

b.  All crimes reported to the venue or by the venue to the police

c.  All ejection of patrons

d.  Any incidents of disorder

e.  Any faults in the CCTV system

1. The premises licence holder shall ensure that all times when the premises are for any licensable activity, there are sufficient competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence and for upholding the Licensing Objectives
2. The Premises Licence Holder shall ensure that all relevant members of staff receive training in their responsibilities under the Licensing Act 2003. Such training shall be documented and records made available upon request from the Police or an authorised officer of the Licensing Authority.
3. A CCTV system shall be designed, installed and maintained in proper working order, to the satisfaction of, and in consultation with, Northumbria Police. Such a system shall:

i.  Be operated by properly trained staff;

ii.  Be in operation at all times that the premises are open;

iii.  Ensure coverage of all public entrances and exits, till areas, any existing outside areas and other areas as required by Northumbria police;

iv.  Be kept in a secure environment under the control of responsibly named individual.

v.  During the times licensable activities are provided, have a member of staff present and trained in the retrieval of CCTV footage, with the ability to download the relevant footage onto a disc at the request from Northumbria police;

vi.  Be capable of recognition of all persons entering the premises.

vii.  Provide continuous recording facilities for each camera to a high standard of clarity. Such recordings shall be retained on tape/disc/hard drive or otherwise for a minimal period of 28 days and shall be supplied to a Police and local authority upon request. lmages recorded are to be retained in an unedited format and the CCTV system must continually record whilst the premises is open.

1. A written record must be available for inspection, upon request by any responsible authority, detailing the names of those members of staff who are authorised by the Designated Premises Supervisor to sell alcohol. This will include details of the person deemed to be in charge at the premises at any specific time.
2. The Premises Licence Holder shall carry out a risk assessment prior to all bespoke events and functions taking place. lf following that risk assessment it is deem necessary and appropriate, SIA registered door staff will be utilised. All risk assessments will be retained for a period of 12 months and will be made available for inspection by Northumbria Police or officers of the Licensing Authority upon request.
3. The Premises Licence holder will endeavour to support local initiatives promoted by the police or other responsible bodies when appropriate.
4. An outdoor management plan will be in place covering the use of any and all external areas of the premises.