Purpose

Mickelli Denise Preto has applied to vary the
premises licence for Cafe Cidade, under Cafe Cidade Ltd, 83b
Whippendell Road, Watford. WD18 7NH.To extend the sale of Alcohol
Mon to Sat 10:00 to 21:30 and Sun 12:00-21:30 hrs, and change the
opening hours Mon- Sat 08:00 to 22:00, Sun 10:00 to 22:00
hrs

Decision

Application Ref No: 25/01018/PREV
Date of
hearing: 13 October 2025
 
Sub-committee members: [Chair]:           
Councillor Richard Wenham

                 
Councillor Dawn Allen-Williamson

                 
Councillor Glen Saffery

 

Officers:   
Kevin Chin, Licensing

                  
Chinedu Njoku, Legal

                  
Sandra Hancock, Democratic Services

                  

1.      This was an application
for a variation of a premises licence in
respect of:  Café
Cidade, 83B Whippendell Road, Watford
 

2.      The Sub-committee heard
oral evidence from the following witnesses:

 

1.    
Letitia Jackson, Police, Responsible
Authority

2.    
Mrs. Bharti Patel, Interested Party

3.    
Manuel Rocha, Applicant’s Agent
4.    
Karine Meira, Applicant,
DPS
5.    
Mickelli Denise Preto, Director
           

3.      The following persons were
also present but took no part in the Hearing:

 

None

                          

4.      The Sub-committee also
took into account the representations from the following in their
absence:
           

1.    
Interested Parties as indicated in the
report.

 

5.      The following
representation was withdrawn prior to the Hearing:
 

        
None
 

6.      The Sub-committee took
into account the following provisions of the Licensing Act
2003:
 

Sections:                     
Sections 34 and 35 (variation of a premises licence)

                                      
The Licensing Act 2003 (Hearing) Regulations 2005 (as
amended)

 

                  
Reasons:              
These were the relevant sections of the Act for this
application.
 

7.      The Sub-committee took
into account the following provisions of the Secretary of
State’s guidance under section 182 of the Act (February
2025):
 

Paragraphs:       Prevention of Crime
and Disorder, paragraphs 2.1 – 2.7

                           
Public Safety, paragraphs 2.8 – 2.20

                           
Prevention of Public Nuisance, paragraphs 2.21 – 2.27
Protection of Children from Harm, paragraphs 2.28 –
2.38

                           
Paragraphs 8.41 – 8.49 (steps to promote the licensing
objectives and 8.66 (Licensing hours)

                           
Paragraphs 9.31 – 9.41 (Hearings)

                           
Paragraphs 9.42 – 9.44 (Determination)

 

                           
Chapter 10 (Conditions attached to premises licence)
 

        
Reasons:           
These were the relevant paragraphs of the Secretary of
State’s guidance for this application.

 

8.      The Sub-committee took
into account the following provisions of its statement of licensing
policy:
 

Paragraphs:       Policy LP1 – Premises Definitions

                           
Policy LP 2 – Location and operation of the
premises

                                     
Policy LP6 – Prevention of Crime and Disorder

                                     
Policy LP7 – Public Safety

                                     
Policy LP8 – Prevention of public nuisance

                                     
Policy LP9 – Protection of children from harm

                                     
Policy LP11 – Representations against applications

        
                           
Policy LP4 – Sensitive Licensing Areas (Whippendell Road
between its junction with Cassio Road and Hagden Lane)
 

        
Reasons:           
These were the relevant policies of the Licensing Authority’s
Statement of Licensing Policy.
 

9.      The Sub-committee did not
depart from the guidance under section 182 of the Act.
 

10.    The
Sub-committee did not make an exception to its statement of
licensing policy. 
 

11.    The Sub-committee decided to grant
part of the amended application for a variation of the premises
licence for Café Cidade Ltd of 83B Whippendell Road,
Watford, WD18 7NH.

 

         The
Sub-committee found that all four licensing objectives, prevention
of crime and disorder, the prevention of public nuisance,
prevention of public safety and protection of children from harm
were relevant to this application. 

 

         The
Sub-committee reviewed all written representations received,
including those both supporting and opposing the application. Oral
submissions were heard from:

 

         Mrs
Bharti Patel (objector and representative local resident),
Karine Meira and Mickelli Denise Preto (the Applicants) and
Manuel Rocha (the Applicant’s Representative), Letitia
Jackson (Police Licensing Officer)

 

         Mrs
Patel raised concerns relating to crime and disorder, public
nuisance, and the protection of children from harm. She stated she
had video evidence showing vehicles obstructing waste collection
near her property, incidents of fly-tipping, loud music, shouting,
smoking, and littering. She also alleged that the premises
regularly operated beyond its licensed hours.

 

         Ms
Jackson, representing Hertfordshire Constabulary, provided evidence
of repeated breaches of licence conditions, including complaints of
noise and anti-social behaviour. She confirmed that the Police are
investigating an allegation of racial abuse linked to the premises.
Enforcement visits have been conducted, and warnings issued. On 9
October 2025 at 8:30pm, Police officers found the premises open in
breach of its licensed hours. A staff member incorrectly stated
that the premises was permitted to be open and sell alcohol until
10pm.

 

         The
Sub-committee concluded that the premises must demonstrate
compliance with existing licence conditions and ensure staff are
adequately trained to uphold the licensing objectives. The evidence
presented indicated that the premises had not consistently operated
in accordance with its licence.

 

         In
determining the application, the Sub-committee was mindful that the
concern here is to be confident on the balance of probabilities
that the licensing objective of the prevention of crime and
disorder, protection of children from harm, the prevention of
public nuisance, and public safety will be safeguarded and promoted
if the application was granted. 

 

         The
Sub-committee has resolved to grant a partial amendment to the
application by permitting the premises to open from
7:00am.  The remainder of the
application is refused.

 

         The
Sub-committee is satisfied that this limited variation will allow
the business to continue operating while ensuring that the
licensing objectives are not undermined, provided that all existing
conditions are strictly adhered to.  

 

         In
reaching its decision, the Sub-committee had due regard to and
considered any implications that may arise from the Human Rights
Act 1998, its public sector equality duty under section 149 of the
Equality Act 2010 and considered that in reaching the decision
members have fulfilled their duty under the Equality Act
2010.

 

         In
reaching its decision the Sub-committee had due regard for all that
the members had read, seen, and heard. They took into account the
provisions of Licensing Act 2003, the Licensing objectives, s182
Guidance, and the Council’s statement of licensing
policy.  

 

        
In reaching its decision, the Sub-committee has also had due regard
to:

·       
Article 1 Protocol 1 of the European Convention on Human
Rights (peaceful enjoyment of possessions).

·       
Article 8 (right to respect for private and family
life).

·       
Section 149 of the Equality Act 2010 (public sector
equality duty).

The decision
represents a necessary and proportionate interference with the
applicant’s rights to protect the rights and freedoms of
others and promote the licensing objectives.

 

        
Advisory: The
Sub-committee would encourage the Applicant to provide comprehensive training to all staff, maintain up-to-date
training records and ensure full compliance with all conditions
attached to the premises licence

 

Right of
Appeal

 
Under Schedule 5 of the Licensing Act
2003, the applicant, any responsible authority, or any person who
made a relevant representation may appeal against this decision to
the Magistrates’ Court within 21 days of receiving this
written notification.
 
 

Signed
[Chair]:  Councillor Richard
Wenham
                       
Councillor Dawn Allen-Williamson
                       
Councillor Glen Saffery
 
Date:
13 October 2025