The Licensing Sub-Committee of Canterbury Council met to consider a premises licence application. The Sub-Committee was scheduled to undertake a site visit to the premises in the morning. The main item on the agenda was the application for a premises licence for Don Juan, a café in the Westgate Gardens.

Premises Licence Application: Don Juan, Westgate Gardens

The sub-committee was scheduled to consider an application for a premises licence submitted by Don Juan Canterbury Ltd for Don Juan, located at the Tower House Tea Hut, Westgate Gardens.

Don Juan is described as a Latin-American café offering Argentinian-style empanadas, sweet treats, drinks and barista coffees . The application requested permission to supply alcohol for consumption on the premises, with the following hours:

• Sunday to Thursday: 10:00 to 20:30
• Friday and Saturday: 10:00 to 21:30

The report pack noted that the applicant had agreed to adjust their closing times to match the closing times of the park, which are set a year in advance by the council and range from 16:00 in the winter to 21:00 in summer.

The report pack stated that the applicant had also agreed a number of conditions with Kent Police and Licensing Enforcement.

Representations

The sub-committee was informed that it had received representations from other persons. Three representations supported the application, and 20 objected to the application. The sub-committee was advised to evaluate each representation in accordance with the licensing objectives, considering whether the representation addressed an adverse or positive impact on the licensing objectives.

Ann Dray, a supporter of the application, stated that she had been a supporter of the café when it was located in the Dane John Gardens and had never seen any problems due to alcohol sales. Stephen Banfield, another supporter, described the café as a community asset and said that the option to serve alcohol was a crucial element of what it could offer. Oscar Martinez, also writing in support, said that the proprietors did a splendid job at the Dane John Gardens and helped to reduce antisocial behaviour.

Those objecting raised concerns including:

• Potential for noise and public urination
• Potential for anti-social behaviour
• The licensing hours being incongruous with the park's opening hours
• The premises potentially becoming alcohol-led , encouraging public nuisance and disorder
• Public safety, given the close proximity of the river
• Difficulties in enforcing the Public Spaces Protection Order (PSPO)¹

One objector, B. Gibb, stated that they worked close to the application site and required a quiet and undisturbed environment, and that their work would be adversely affected by the application. Paula Stone stated that she did not see why any premises located within a park needed a licence to sell alcohol. Toby and Donna Sargeant suggested a licence finishing at 19:00 to reduce the potential for anti-social behaviour. Joe Frostick stated that Westgate Gardens is meant to close after dusk to prevent antisocial behaviour, and that alcohol consumption should not be encouraged there.

Sedat Ozdogan raised concerns about the premises becoming alcohol-led , and suggested conditions to prevent this, such as requiring that any alcoholic drinks be sold only in conjunction with a meal, or as shots of 50ml or less pre-mixed into a non-alcoholic hot beverage. Colin Stone objected to the café premises being given a licence that would enable alcohol to be sold in the evenings. Jo Stanley raised concerns about public safety, given the close proximity of the river, and the lack of lavatory facilities for customers.

Mrs Silcock-Stone said that she hoped that Don Juan could return to the Dane John Gardens, which she described as their natural home . Thomas Mills suggested that if a licence was granted, it must be subject to strict conditions to protect residents, visitors, and the character of Westgate Gardens. Michael Still suggested conditions reflecting the guidelines agreed with local residents in 2021 regarding music levels. Dee McConkey stated that alcohol-fuelled disturbances in the gardens had become steadily worse and more serious in nature.

Richard and Mary Chamberlin urged the council to reject the application, and suggested that the applicant make a fresh application without any alcohol element and restricted to the Westgate Gardens opening times. Emmanuelle and William Betham raised concerns about what would happen in future if the premises licence transferred to an operator other than Don Juan. Rachel Robb and David Gibbs said that they had concerns about the close proximity to the river and the dangers this could raise. David and Mary Sadtler stated that they could not understand why they all had to protest again, and asked the council to refer to a previous application that failed. Frances Eustace and Robert Maxwell suggested that live/recorded or Karaoke music be omitted from the licence. Patricia Gibb stated that the sale of alcohol would add to existing problems of crime and risk of disruptive behaviour. Rosemary Taylor said that she was concerned that if an alcohol licence was granted it may be transferred to a different trader and the sale of alcohol availability would escalate. Rowena Laming stated that she would like to know the wording of the Williamson's legal document, bearing in mind they used to hold Gardens Parties which would have been very elegant and sedate.

Agreed Conditions

The report pack also included a list of conditions agreed with Kent Police and Licensing Enforcement. These included:

• All staff receiving regular training on licensing provisions
• A zero tolerance policy regarding the use, possession, and supply of illegal drugs
• The installation and maintenance of a CCTV system
• Enforcement of a Challenge 25 policy²
• Maintenance of a refusals register
• Surrender of the licence should the licence holder cease trading at the premises
• All sales of alcohol to cease 30 minutes before the locking of the gates
• All alcohol to be kept in locked metal storage containers when the premises is closed
• A sign stating that there is no alcohol on the premises to be displayed when the premises is closed
• Alcohol to only be sold as an accompaniment to food and only by the glass
• Signs to be placed telling customers that alcohol will be wine by the glass and only sold with food and that alcoholic drinks must not be removed from the seating area
• Staff to be employed to ensure alcohol is not removed from the seating area into other parts of the gardens

The sub-committee was reminded that it must, having regard to the application, the council's statement of licensing policy, guidance issued under Section 182 of the Licensing Act 2003, and any relevant representations, take such steps as it considers necessary for the promotion of the licensing objectives.

The licensing objectives are:

• The prevention of crime and/or disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm