Decision Maker: Licensing Panel

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: April 1, 2025

Purpose:

Content: Notification of decision following a Licensing Panel hearing to determine an application for the grant of a premises licence under section 17 of the Licensing Act 2003   PREMISES:   L’Amore Coffee and More, Unit 1, 33 South Street, Isleworth TW7 7AL   APPLICANT:  L’Amore Coffee and More Ltd (Company number 15336685)    TAKE NOTICE THAT on Tuesday 1st April 2025following a hearing before the Licensing and General Purposes Sub Committee (the “Licensing Panel” or “Panel”),   HOUNSLOW COUNCIL, as the Licensing Authority for the Premises RESOLVED as follows:   Decision   To grant with amendments, the application for a new premises licence as follows:   Supply of alcohol for consumption on the premises Monday to Sunday:  09:00 to 23:00   Hours of opening Monday to Sunday: 07:00 to 23:30   Conditions:   1)        Appropriate signage will be displayed, in a prominent position, informing customers they are being recorded on CCTV.   2)        The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Hounslow Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.  For the avoidance of doubt, this condition for CCTV includes a requirement for a CCTV camera to cover the rear arear of the premises.   3)        A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.   4)        All staff responsible for selling alcohol shall receive regular training in the Licensing Act 2003.Written records of this training shall be retained and made available to Police and Council officers on request.   5)        An incident log shall be kept at the premises and made available on request to an authorised officer of the Hounslow Council or the Police. It must be completed within 24 hours of the incident and will record the following:   (a)  all crimes reported to the venue (b)  all ejections of patrons (c)  any complaints received concerning crime and disorder (d)  any incidents of disorder (e)  all seizures of drugs or offensive weapons (f)    any faults in the CCTV system, searching equipment or scanning equipment (g)  any refusal of the sale of alcohol (h)  any visit by a relevant authority or emergency service.   6)        Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.   7)        A Challenge 25 proof of age scheme shall operate at the premises. Signage shall be displayed advising customers that the scheme is in place. All staff authorised to sell alcohol will be trained in the Challenge 25 scheme and this training will be documented to include the date the training was given, the name of the person who gave the training, the person who received the training and signatures by both trainer and trainee.   8)        Customers will not be permitted to remove from the premises any alcoholic drinks supplied by the premises in open containers.   9)        No alcohol shall be supplied if the CCTV equipment is inoperative for any reason.   10)    Customers wishing to leave the premises in order to smoke are not permitted to take any drinks (alcoholic or non-alcoholic) outside with them. For the sake of clarity, this is regardless of whether any drinks are in open or closed containers.   11)    No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 hours and 08:00 hours on the following day.   12)    The premises staff will ensure that the frontage of the restaurant are checked regularly for litter and rubbish, clearing any debris away.     Reasons     1.          The Panel convened in person to determine an Application by L’Amore Coffee and More Ltd (company number 15336685) (the “Applicant”) for a new Premises Licence for L’Amore Coffee and More, Unit 1, 33 South Street, Isleworth TW7 7AL (the “Premises”) under the Licensing Act 2003.    2.          The Premises were not currently licensed and are located in an area of mixed commercial and residential properties.    3.          In making its decision, the Panel considered all the relevant information including:   ·       Written and Oral representations by all the parties ·       The Licensing Act 2003 and the steps appropriate to promotethe Licensing Objectives ·       The guidance issued under section 182 of the Licensing Act 2003 (the “Statutory Guidance”) ·       Hounslow Council’s Statement of Licensing Policy 2020-2025 (the “Council’s Policy”) ·       The Human Rights Act 1998   4.          The Panel reviewed the conditions proposed in the Application and those conditions agreed between the Applicant and Ward Councillors, shown at Appendix C, and between the Applicant and the Police, shown at Appendix D.  The conditions agreed with the Police mirrored a number of the conditions proposed in the Application, but in those cases the Police conditions were preferred as the wording provided better clarity and conciseness.  The conditions agreed with the Police supported all four of the licensing objectives.   5.          In relation to the concerns raised by the objectors, comments were made about young men loitering in the area and about anti-social behaviour (ASB) generally, but no evidence was presented that associated those issues with the Premises.  In relation to the Premises being opposite a school, the proposed conditions include staff training and use of the Challenge 25 scheme, which would address the protection of children from harm licensing objective.   6.          Concern was also raised about the extent of the licensed hours, although there was no objection to these hours by the Police, who are a Responsible Authority with expertise in crime and disorder, and no evidence was presented that persuaded the Panel as to why the hours should be amended. Furthermore, the hours sought were broadly in line with the core hours as set out in the Council’s Policy.  As for the proximity to other licensed premises in the area and their licensing hours, the Panel was required to consider the application on its own merits, the Premises were not in a cumulative impact area and the need for licenced premises is not a consideration for the Panel.   7.          With regard to the concern about alcohol related litter, the application was for on-sales of alcohol only and so customers will not be permitted to purchase alcohol to consume off the premises.  Furthermore, the application included a condition to clean the frontage of the Premises of litter and rubbish, and the Panel considered it sensible to retain that condition.   8.          Regarding the potential for customers causing anti-social behaviour or noise nuisance in the area due to drinking alcohol, paragraph 2.22 of the Statutory Guidance makes it clear that individuals are responsible for their own behaviour when they are beyond the immediate area of the premises, although it can be reasonable to require premises to have signs encouraging customers to be quiet until they leave the area.  Such a condition had been agreed with the Police.   9.          The conditions agreed between the Applicant and the Ward Councillors included conditions to not allow drinking outside of the Premises, especially in the private parking area, to have a CCTV camera sited to cover the rear area of the Premises and to have adequate waste disposal arrangements.    10.      As already stated, the Application was for the sale of alcohol for consumption on the Premises and therefore customers would not be permitted to remove and consume alcoholic drinks off the Premises. Furthermore, a condition had been agreed with the Police that prevents customers removing from the Premises any alcoholic drinks supplied by the Premises in open containers.  At the hearing the Agent for the Applicant also confirmed that the Applicant would accept a condition that customers leaving the premises to smoke would not be permitted to take drinks outside with them, which the Panel agreed to impose, with the condition to be amended to clarify that this was regardless of whether drinks were in open or closed containers.  These conditions will assist in upholding the public nuisance and crime and disorder licensing objectives.   11.      With respect to the CCTV camera to the rear of the Premises, the Panel decided to deal with the condition agreed with the Councillors by amending the CCTV condition agreed with the Police to make it clear that one of the cameras must cover the rear of the Premises.  At the hearing the Applicant’s Agent also confirmed the position of the CCTV cameras to the Panel, including the camera covering the front of the Premises.    12.      In relation to the waste disposal arrangements, a condition was proposed in the Application restricting waste disposal to between 08:00 and 23:00. The Panel considered such a condition would be appropriate to uphold the prevention of public nuisance and that for reasons of clarity and consistency, it would be appropriate to base the wording of such a condition on the Council’s model condition 35, with the restricted hours for waste disposal to be between 08:00 and 23:00 as proposed.   13.      As for the remainder of the conditions included in the application that were not set out in the Decision, or that are not otherwise mentioned above, the Panel decided not to include these as they include obligations that are dealt with by other legislation, or were otherwise not deemed relevant or appropriate to include.  This includes the proposed condition relating to the use of Deliveroo and UberEats, as the Agent for the Applicant confirmed the Premises did not operate a food delivery business and there was no current plan to do so.  The Applicant’s Agent stated this was included to futureproof the licence in case the Applicant decided to start a food delivery service in the future.    14.      The Panel therefore decided to grant the licence with the conditions as set out in this Decision.   Right to Appeal   Any party aggrieved with the decision of the Licensing Panel on one or more grounds set out in schedule 5 of Licensing Act 2003 may appeal to the local Magistrate’s Court within 21 days of notification of this decision