Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: July 8, 2025

Purpose:

Content: In reaching its decision, the Licensing Sub-Committee (“LSC”) considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made thereunder, and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions, the LSC did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.    Having considered all written representations, evidence, and oral submissions, the LSC resolved to grant a premises licence.   Permitted Licensable Activities:   Supply of alcohol for consumption on the premises 11am – 10.30pm daily.   The Premises Licence shall be subject to the following conditions:   A comprehensive CCTV system shall be fully maintained and have a minimum storage capacity of thirty-one (31) days recording with date- & time-stamping. All entry points shall be covered enabling evidential-quality facial identification of every person entering the premises and cameras viewing till areas shall capture frames of not less than 50% on-screen. At least one member of staff who is capable of operating the CCTV system and downloading images shall be on duty at all times. Recordings shall be made available on demand for inspection by Police and “authorised persons” (as defined by Section 13 of the Licensing Act 2003). When CCTV is not operating, no licensable activities shall take place on the premises.   2. There shall be a minimum of two (2) cameras outside capturing the approach to the entrance of the premises from all directions. During opening times, the CCTV system shall operate in colour with wide-angled cameras, and operate under existing light levels both indoors and outside   3.The CCTV system shall capture all areas accessible to public within licensed premises, except for toilets. A dedicated monitor shall be available to staff to review images and play back footage on demand.   4. The premises licence holder (or a representative thereof) shall perform maintenance of the CCTV system in accordance with the manufacturers’ guidelines and recommended timeframe. All cameras shall be kept clean and clear of obstructions and signage, including seasonal displays. The premises shall perform a test of the CCTV every fourteen (14) days. This shall include, but not be limited to, confirmation of playback of 31-day-old footage. This shall be recorded in a log with the time & date of the test and name of the staff member completing. The log shall be made available on demand for inspection by Police and “authorised persons” (as defined by Section 13, Licensing Act 2003).   5. The CCTV control unit / equipment must be located in a locked, secure area to which general members of the public have no access.   6. The CCTV system must have a suitable export method, e.g., a CD or DVD writer, etc, so that the Police can make an evidential copy of the data they require. This data must be in the native file format, to ensure no image quality is lost when downloading the copy. If this format is non-standard, i.e., manufacturer proprietary, then the manufacturer must supply the replay software to ensure that the CD or DVD footage, etc, can be replayed by the Police on a standard computer.   7. Signage shall be conspicuously displayed throughout the premises advising the CCTV is in operation.   8. An Incident & Refusals Record, kept in written form, shall be maintained at the premises and made available on request to the Police or an authorised officer of the Licensing Authority (as defined by Section 13, Licensing Act 2003) upon request. The Incident & Refusals Record shall record: a) Any complaints received in connection with the licensable activity permitted at the premises; b) Any refusal to sell alcohol at the premises, including the date & time of the refusal, why the sale was refused, and the name of the staff member refusing it; c) Any incidents of crime, disorder, or nuisance at the premises; d) Any visit to the premises by a Responsible Authority (as defined by Section 13, Licensing Act 2003, in connection with licensable activities permitted at the premises; e) Any faults in the CCTV system. An entry shall be made every fourteen (14) days as a minimum, confirming a successful test of the CCTV system, with details of the staff member also recorded.   9. ‘Challenge 25’ proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards. The following forms of identification are acceptable: Photo driving licence; passport; Proof of Age Standards Scheme (PASS) card; Connexions Card; Citizen’s Card; military or European Union ID; and any other locally or nationally approved form of identification with a photo and date of birth of the bearer.   10. All staff involved in the sale or supply of alcohol shall be trained, as part of their induction, in the responsible sale of alcohol. Such training shall include challenging every individual who appears to staff to be under 25 years of age (“Challenge 25”); to refuse service where individuals cannot produce acceptable means of ID, or appear to be intoxicated; and using the Incident & Refusals Register. Such training (including any refresher training) shall be recorded in a Staff Training Log and repeated every twelve (12) months as a minimum. This Log shall be made available on demand for inspection by Police and “authorised persons” (as defined by Section 13, Licensing Act 2003).   11. Signage shall be conspicuously displayed in the premises in customer facing areas to advise customers that suitable proof of age documentation shall be required for all purchasers who appear to staff to be under 25 years of age.   12. There shall be no sale or supply of alcohol on the premises otherwise than to persons having table meals there and for consumption by such a person as an ancillary to their meal. There shall be no off-sales of alcohol.   13. “It’s A Crime!” notices (or similar) shall be displayed inside the premises stating that it is an offence for any person under 18 years of age to purchase alcohol, or for it to be purchased on their behalf, by a person over 18 (proxy sales).   14. There shall be a minimum of four (4) members of staff on duty when the premises is open for licensable activity. This shall include at least one personal licence holder.   15. There shall be no self-service of alcohol by any customer at any time.   16. No super-strength beer, lagers, ciders, or spirit mixtures of 6.5% ABV (alcohol by volume) or above shall be sold at the premises, except for ‘craft’ or ‘premium’ brands supplied in glass bottles and pre-agreed with the Police and Licensing Authority.   17. The premises shall display clear signage near to its exits to remind customers to leave quietly and be respectful of nearby residential properties and businesses.   18. In line with the premises layout plan, all emergency exits shall be kept clear of obstruction at all times and fire appliances, etc, shall be checked annually by a duly qualified person.       Basis of Decision   The LSC noted the revised application for the premises licence with the terminal hour for alcohol sought now being 10:30pm, and that the police had withdrawn their written representations upon the applicant agreeing conditions proposed by the police, the main one being that the supply of alcohol would only be ancillary to a table meal, the premises being a food led venue.   The LSC noted that no other Responsible Authorities, including environmental health, had made written representations to the application.   The LSC had regard to the premises not being within a Cumulative Impact Zone.   The LSC gave due regard to the oral submissions from residents relating to the potential for noise and other nuisance from the grant of the alcohol licence, the submissions regarding the licence being sought for the supply of alcohol beyond 7pm daily, and the submission regarding protection children from harm because of the close proximity of the premises to a nursery and playground and also to nearby open space used by children. Whilst noting the submissions, the LSC were not persuaded that the grant of the licence would impact upon the protection of children from harm licensing objective.   The premises is a restaurant which will only serve alcohol to customers ordering a table meal. There is no provision to supply alcohol for consumption off the premises. The LSC also noted that whilst the River Gardens Café may close at 7pm, its premises licence permitted those premises to sell alcohol until 10pm daily.   The LSC were of the view that there would not be an adverse impact upon the licensing objectives by the grant of the premises licence. The concerns of the residents relating to increase in noise and nuisance, alcohol related anti-social behaviour, and littering were concerns of risks of such outcomes materialising, however, the concerns were not supported by information relating to ongoing public nuisance, anti-social behaviour and littering or evidence that there would be such public nuisance or risks to children.   The conditions attached to the premises licence, including that of alcohol only being provided ancillary to a table meal, will promote the licensing objectives.                  Any party aggrieved by the decision of the Licensing Sub-Committee may appeal to the magistrates’ court within 21 days.