Greenwich Council

Decision details.

Mint, Building 20, Unit 2 River Gardens, SE10

Decision Maker: Licensing Sub-Committee B

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

Mint (River Gardens Café) Unit 2, 20 River Gardens Walk, London SE10 0FZ

 

In reaching its decision the Sub Committee 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 Sub-Committee 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 the evidence put before it the Sub-Committee resolved to grant a Premises Licence.

 

The hours for licensable activities shall be:

 

Sale & Supply of alcohol, on the premises only,

 

Monday to Sunday

11:00 to 21:00

 

The Premises Licence is granted subject to the mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.

 

The Premises Licence is granted subject to the following conditions:

 

1.    A CCTV system shall be installed that is capable of recording evidential standard images of the points of sale of alcohol and of persons purchasing alcohol.

2.    All CCTV recordings shall be maintained for a minimum of thirty-one (31) days with date/time stamping and in a format that can be readily viewed without the need for specialist software.

3.    The CCTV shall continuously record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

4.    No alcohol shall be sold at any time that the CCTV system is inoperative for any reason.

5.    Notices shall be displayed advising that CCTV is in operation.

6.    An Incident/Accident Book shall be maintained at the premises and all records within the Book shall be retained for a period of three years. The Book shall be made available for inspection by Police and authorised officers of the Local Authority upon demand.

7.    The sale and supply of alcohol shall only be ancillary to the provision of a substantial table meal.

8.    The use of the front patio area of the premises shall cease and the area be cleared of all patrons at 7 pm.

9.    The external licensable patio area to the front of the premises shall be suitably barriered off during licensable hours.

10.Any outside seating shall be made unusable at all times when the premises are closed.

11.Notices shall be displayed to remind persons leaving the premises to do so in a quiet and orderly manner in order to minimise disturbance to neighbouring residential properties.

12.The Challenge 25/Think 25 proof of age scheme shall be operated at the premises.  All customers who appear under the age of 25 of age shall be challenged to prove that they are over 18 years of when attempting to purchase alcohol.  Acceptable forms of ID include a photo driving licence, passport, or Home Office approved identity card baring the holographic ‘PASS’ mark.  If the person seeking alcohol is unable to produce an acceptable form of identification, no sale or supply of alcohol shall be made to or for that person.

13.Where a customer aged 18 years or over indicates that they are purchasing alcohol for a 16 or 17 year old to drink with their meal, the 16 or 17 year old shall also be required to produce a valid proof of age.

14.All staff shall be trained in the law about the sale of alcohol and training records will be kept and made available for inspection by a Police Officer or authorised Local Authority Officer on demand.

 

Basis of Decision:

 

The representations made by Applicant and his wife to the Licensing Sub-Committee by explaining the following:

·        the premises will be a family run café/bistro; 

·        They were aware of the residents’ concerns and so they wrote to the management of the building and residents to reassure them;

·        They contacted the Licensing Section and had a positive response from the Licensing Officer;

·        They have reduced the closing time to 9:00 pm;

·        Some residents withdrew their objections;

·        They are aware of the play area and pointed out that the area is locked at 5.30 p.m.;

·        They have contacted the Police who advised that the erect barriers outside;

·        Tables and chairs will be brought inside the premises at the close of business;

·        They addressed how they will have dealt with the four licensing objectives;

·        The premises are part of a new development and there is nothing similar to their business in the area;

·        The premises are family friendly;

·        They are there to build relationship with community;

·        The café will sell the odd prosecco/wine but don’t want the premises to be related to a pub;

·        They want everyone to enjoy the view from the premises;

·        The Applicant asked the Licensing Sub-Committee to allow supply of alcohol until 8pm or to 9pm for the external patio area of the premises and submitted that the café will normally close at 8pm during week days, but will remain open during the summer months until 9 pm;

 

The Licensing Sub-Committee noted the condition regarding the use of the front external area ceasing at 7pm.   The Applicant appeared to be confused about this point and maintained that he had not offered this condition and it had not been agreed with the police.  The emails sent to objectors by the Licensing Officer following the undated letter by the Applicant to residents, at page 57 of the Agenda, referred to the application being revised and stated the external patio area would not be used after 7pm. Further enquiries of the Licensing Officer and a reading of the Application Form for the Premises Licence, completed by the Applicant’s Agent, revealed that under the heading of protection of children from harm, it was stated that “the use of the front patio will cease at19:00 hours”.

 

The Licensing Sub-Committee noted and gave due weight to the absence of representations from Responsible Authorities.

 

The Licensing Sub-Committee also took note of and gave due weight to the fact that the premises are not located within a Cumulative Impact Zone.

 

The Licensing Sub-Committee noted the written representations of the 9 residents against the application.  Two representations had been withdrawn. None of the Other Persons objecting to the application attended the hearing.

 

The Licensing Sub-Committee received submissions in support of the application from Dana Pavel, and noted the further written representations in support of the application for the premises licence.

 

The Licensing Sub-Committee were satisfied that the conditions to be attached to the Premises Licence properly promoted the licensing objectives

 

An appeal against this decision may be made to the Magistrates’ Court. 

 

Any appeal must be made within 21 days from date of written notification of this decision.

Publication date: 11/06/2019

Date of decision: 05/06/2019

Decided at meeting: 05/06/2019 - Licensing Sub-Committee B

Accompanying Documents: