The Chairperson welcomed all those present to the meeting:

Applicant

·         Joe Fellows (Director)

·         Cliff Morris, Paris Smith LLP (Solicitor for the Applicant)  

The Licensing Officer introduced the report which set out an application for a New Premises Licence under Section 17 of the Licensing Act 2003 for Coffee Lab The Square Ltd, 21 The Square, Winchester. The premises were described as a coffee shop situated just off Winchester High Street.

The application was seeking the provision of regulated entertainment and the supply of alcohol (for consumption on and off the premises) between the hours of 0900 to 2200 Monday to Sunday and between the hours of 0900 to 0200 New Year’s Eve. However, the applicant had since amended their application regarding the supply of alcohol for consumption off the premises to commence at 1100 hours each day, as opposed to the 0900 hours initially proposed, in response to a representation received from ‘Other Persons’ and this proposed revision had been reflected within Section 5 of the report.

In respect of the application for the provision of regulated entertainment, taking the form of live and recorded music, the Sub-Committee were reminded that both live and recorded music were deregulated between the hours of 0800 hours and 2300 hours where they occur on premises licensed for the sale of alcohol. Any additional hours of live or recorded music applied for after 2300 hours would be for the Sub-Committee to consider further. The full application was set out in Appendix 1 to the report. 

The Sub-Committee were advised that no representations had been received by Responsible Authorities but a representative from Environmental Health was present at the meeting in an advisory capacity. Conditions were agreed between Hampshire Constabulary and the applicant during the consultation period and these were also set out in Section 5 of the report.  Five written representations had been received from ‘Other Persons’, all against the application. However, since the publication of the report, former Councillor Jackie Porter had withdrawn her written representation. The remaining four representations primarily related to the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance. These representations were set out in full in Appendix 2.

In conclusion, the Licensing Officer advised the Sub-Committee that, if minded to approve the application, there were conditions to consider, as set out in Section 5 of the report, which the Sub-Committee could amend as appropriate to promote the licensing objectives.

At the invitation of the Chairperson, Mr Morris addressed the Sub-Committee on behalf of the applicant and responded to questions.

Mr Morris clarified that the applicant had advised that the request for off sales no longer formed part of application and had been withdrawn.

In addition, Mr Morris stated that whilst this was an application for a new licence, the premises had been licensed in the past. The holding company Coffee Lab Group went into liquidation, resulting in the existing premises licence for these premises lapsing. Therefore, they had to make a new application for a new premises licence. In respect of the licensable activity of Live Music Mr Morris indicated that although this was deregulated, live music was not currently part of the business plan and as such the applicant would not object to the removal of this activity.

Mr Morris stated that the business was well established and the reason for applying for the new premises licence was to be able to meet their customers’ needs and whilst primarily being a coffee hub, there were occasions when people would welcome a glass of wine or bottle of beer and they wished to have the opportunity to sell this. Mr Morris clarified that it was not the business model to become a small niche pub or wine bar and was simply only to meet the needs of their clientele.

In response to questions from the Sub-Committee, Mr Tidridge clarified details of what had been included within the application, the outcome of discussions with the applicant to follow the business model and the regulation of any noise nuisance issues that may arise in future. In conclusion, Mr Tidridge confirmed he was satisfied with the proposals in this location and from the lack of complaint history, that there were no concerns from a public nuisance perspective on this application.

The Sub-Committee retired to deliberate in private.

In his closing remarks, the Chairperson stated that the Sub-Committee had carefully considered the application, the written representations made by Other Persons and the Applicant’s evidence received. It had taken into account the Council’s Statement of Licensing Policy, the Home Office Guidance issued under section 182 of the Licensing Act 2003, the duties under the Crime and Disorder Act 1998, and the rights set out in the Human Rights Act 1998.

The Sub-Committee concluded that the application should be granted with the additional conditions set out in section 5 of the report.

The Chairperson announced that in view of the location and nature of the business, it was considered that no further restrictions be imposed for New Year’s Eve.

The Sub-Committee welcomed the Applicant’s withdrawal of off sales from the application.

The Chairperson thanked all those present for attending the meeting and explained to all parties that they would be formally notified of the decision in writing in due course and of their right to appeal to the Magistrates’ Court within 21 days from the date of notification of the decision.

RESOLVED:

1.         That the application be granted, subject to the additional conditions set out in section 5 of the report, for the following reason:

REASON 

In order to promote the licensing objectives of the prevention of public nuisance and prevention of crime and disorder.