Decision Maker: Licensing Sub Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: October 13, 2025

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

Content: 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      The following representation was withdrawn prior to the Hearing:            None   6.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