Agenda item

The licensing officer advised that additional correspondence had been circulated to the committee, licensee and residents who had made representation. This would be interleaved with a copy of the agenda. She stated that she had checked whether any noise or smell complaints had been made to the council regarding the premises and none had been made.

The resident advised that he had not made any complaints but he sometimes had to close his windows. If the garden was used in the evening as well as the day, this would mean the noise and smells would go on for longer and this would be more of a problem. He raised concerns that this would result in the peace being disturbed all day and all evening long and did not consider it appropriate to have a previous residential garden turned into a café garden. He did not object to the café having a licence but did not want the garden of the café to be used at night.

In response to a question from a member, the applicant advised that the garden was approximately 12m². The garden’s usage was weather dependent as there was no cover and there would be a maximum of 10 people using the garden at any one time.

In response to questions from members, the resident stated that he did not object to the licence for inside the premises being granted until the time specified but considered that licensing the garden until this time would harm amenity in the evening.

The applicants stated that they were sorry to hear that the café had caused problems for the resident. They advised the committee that they had run the café for 12 years. The café was not the only commercial premises in a residential area and there were other businesses nearby. Their premises had always been commercial.

The applicants advised the sub-committee that they were also residents and lived above the café with their young children. They did not want to impact upon their children or neighbours. The premises was a café that also sold specialist foods including organic, low intervention, biodynamic wine, beer from microbreweries, preserves and cured meats. Wine was currently sold by the bottle but if granted, the licence would mean it could be sold by the glass to customers wanting to have a glass with food. The shop was 35m² and the kitchen was very small. There was no room for expansion.

In response to a questions about the food the café served, the applicants replied that there was a breakfast trade in the morning and mainly croissants and pastries were served. At lunchtime sandwiches and cheeseboards were served. The food served at lunchtime would be served in the evening. Food would not be cooked in the evening.

The licensees stated that they had not known there were any issues with smells but would be willing to look at extraction.

In response to a question about the capacity of the indoor area of the café, the applicants advised that although it was 20, this would not be reached as it included a large communal table against a wall.

In response to a question from the chair as to whether, if the sub-committee was minded to grant the variation, the applicant would accept the garden being open until 8pm, the applicant stated they would.

In response to a question as whether any steps could be taken to reduce noise in the garden, the applicants stated that they could replace their metal garden furniture with wooden furniture.

RESOLVED

1)     That the application for a premises licence variation, in respect of Le Peche Mignon, be granted to allow:-

1)         To allow the provision of on and off sales of alcohol from 11:00 until 22:00 Monday to Sunday;

2)         Opening hours from 07:30 until 22:30 Monday to Sunday.

2)     That the conditions detailed in Annex 2 on pages 68 and 69 of the agenda shall be applied to the licence with the exception that Condition 8 shall be substituted with Condition 8 on page 65 to read:

Alcohol for sale shall be limited to specialist wine (including sparkling wine) and beer (organic and biodynamic wines from small independent winemakes and beer from local microbreweries).

3)   The following condition shall be applied to the licence:

Last orders for the outside tables and chairs shall be 20:00 and then the outside  area shall be cleared by 20:30. Adequate notices shall be displayed to inform patrons of this requirement.

REASONS FOR DECISION

The Sub-Committee listened to all the evidence and submissions and read all the

material. The Sub-Committee reached the decision having given consideration to the

Licensing Act 2003, as amended, and its regulations, the national guidance and the

Council’s Licensing Policy.

The premises did not fall within a cumulative impact area.

Four local resident objections had been received from two addresses.  There had been

No representations made by the responsible authorities. One resident representative

made verbal submissions at the hearing.

The Sub-Committee also received verbal submissions from the applicant.

The business concerned was a small business which sold food and specialist wine and

beer. The application to vary the licence in essence concerned the ability to provide

on sales of alcohol and to extend the hours to 22:00 Monday to Sunday.

The main concern of the resident who made verbal submissions was the noise that

would emanate from the 12sqm garden and the effect this would have on his

neighbouring residential property, seven days a week and until 10pm each night.

The applicant was responsive to the concerns of the resident.

The Sub-Committee took the concerns of the resident into consideration in reaching a

decision and decided to grant the application.

The alcohol for sale to be limited to specialist wines and beers as set out in condition

8 on page 65 of the application, and that last orders for the outside tables and chairs

 should be 20:00 and then the outside area should be cleared by 20:30. Adequate

 notices should be displayed to inform patrons of this requirement.

The Sub-Committee concluded that the application with the added conditions referred

to above more than adequately covered all the licensing objectives and accordingly

concluded that the new application should be granted.