Agenda item

Report of the Licensing Enforcement Officer

The Chair welcomed Mr Charnley, Mr Binetti and PC Andy Taylor to the virtual meeting.  It was noted that an application for a Street Cafe Licence had been received from Mr Binetti and along with his application the applicant had requested a variation of the standard licence condition which allowed the street cafe to operate between the hours of 10am and 8pm, to allow him to operate from 8.30am to 9pm. Additionally, waivers to the conditions that all alcohol consumption must be taken with a table meal and consumed in polycarbonate glasses had been requested.

The Licensing Manager introduced the report and explained that whilst Licensing Officers had no objections in relation to the licence there were concerns regarding the variation to the standard conditions.

Mr Charnley and Mr Binetti were then invited to address the Committee.  Mr Charnley had expressed his disappointment at the objections to the variations in an email which had been circulated to the Licensing Committee prior to the meeting.   Mr Charnley stressed that significant investment had been undertaken to make Cappuvino a unique venue and provide a different experience associated with style and quality to attract a  more discerning clientele.  Given the unprecedented times and the likelihood of a considerable period of difficulty for such businesses due to the social distancing requirements resulting from the coronavirus, flexibility was necessary to enable such businesses to be viable whilst balancing the requirements of avoiding anti-social behaviour.

PC Taylor advised the meeting that the conditions were important from a Police point of view and was particularly concerned at the request to use standard glasses which could be utilised as a weapon, inflicting life-changing injuries.  PC Taylor suggested that allowing alcohol without a meal might encourage all day drinking and any variation to the standard conditions could set a precedent.

The Chair invited Members to ask questions and Mr Charnley, Mr Binetti, PC Taylor and the Licensing Manager responded.

The Chair advised that in the light of the representations made, the Committee would determine whether to allow the applicant’s request for a variation of the standard licence and proposed that each variation be considered separately.

The Chair called for a proposal for the first requested variation: permitted times of operation from 8.30am to 9.00pm instead of the standard 10.00am to 8.00pm.

It was proposed by Councillor Parr and seconded by Councillor Austen-Baker:

“That the permitted times of operation for the street cafe licence be varied to allow the café to operate from 8.30am to 9.00pm instead of the standard 10am to 8.00pm.”

By way of an amendment Councillor Guilding proposed, seconded by Councillor Mills:

“That the permitted times of operation for the street cafe licence be varied to allow the café to operate from 8.30am to 8.00pm instead of the standard 10.00am to 8.00pm.”

Members then voted on the amendment.

Upon being put to the vote 6 Members voted in favour of the amendment and 4 Members against, whereupon the Chair declared the amendment to be carried.  Members then voted on the substantive motion which was carried unanimously.

The Chair then called for a proposer to the second variation to facilitate alcohol consumption without patrons having a table meal.

Councillor Austen-Baker proposed, seconded by Councillor Guilding:

“That the licence conditions be varied to facilitate alcohol consumption without patrons having a table meal.”

Upon being put to the vote 5 Members voted in favour of the proposal, 3 Members against and 2 Members abstained, whereupon the Chair declared the proposal to be carried.

The Chair invited a proposition in relation to the third variation request to allow standard glasses.

Councillor Austen-Baker proposed:

“That the use of standard glasses rather than those made of polycarbonate plastic be permitted.”

There being was no seconder the Chair declared the proposal to have failed and confirmed that the use of standard glasses would not be permitted.

Resolved:

(1)             That the permitted times of operation for the street cafe licence be varied to allow the café to operate from 8.30am to 8.00pm instead of the standard 10.00am to 8.00pm.

(2)             That the licence conditions be varied to facilitate alcohol consumption without patrons having a table meal.

(3)             That the use of standard glasses rather than those made of polycarbonate plastic would not be permitted.