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Agenda item
APPLICATION FOR A NEW PREMISES LICENCE IN RESPECT OF THE COFFEE VAULT, BANK CHAMBERS, HIGH STREET NEWBRIDGE
Minutes:
The Chair opened the meeting and
introductions were made.
The Legal Advisor to the Sub Committee outlined the
procedure for the meeting and reported that Members had previously familiarised
themselves with the report of the Licensing Officer, the premises application
and supporting documentation, together with the written representations of
Responsible Authorities, and from local residents (as defined as Other Persons
in accordance with the Licensing Act 2003) who were objecting to the
application.
Mrs Kathryn Hopkins (Senior Licensing
Officer) presented the report and outlined the application submitted by the
Coffee Vault, High Street, Newbridge, for a new premises licence which sought
to permit the following licensable activities:-
Supply of Alcohol
·
Monday to Sunday inclusive 11.30 to 23.00
The Sub Committee
were referred to the representations received in relation to the application
and it was noted that the responses from the Police, Trading Standards and
Child Protection indicated they did not wish to make representations in respect
of the application. Members were also
referred to the representations received from a Responsible Authority (Licensing
Authority) and from Other Persons (from a local resident and the Tabernacle
Baptist Church) as set out in the Licensing Officer’s report. Copies of the representations were attached
to the report that was circulated with the agenda.
Attention was drawn to the local policy
considerations and national guidance as set out in the report and to the way in
which the Sub Committee would deal with the application. It was explained that the Sub Committee must
have regard to all the representations made and to the evidence heard, and take
such steps as is considered necessary for the promotion of the licensing
objectives.
All parties present
were afforded the opportunity to ask questions and representations were then
invited from Responsible Authorities.
Mrs Annette Dicks (Assistant Licensing Manager) explained that the
representation from the Licensing Authority related to the Prevention of Public
Nuisance Licensing Objective, and suggested the placing of a notice reminding
customers to leave the premises quietly due to its location within the town
centre. She confirmed that the applicant
was agreeable to the condition and that it be added to the operating schedule
should the licence be granted.
All parties were afforded the opportunity to ask questions and the Chair
queried whether representations had been received from the Fire and Rescue
Service. It was confirmed that all
Responsible Authorities had been sent copies of the application and that the
Fire and Rescue Service had not responded.
The Chair sought clarification on the location of the emergency exits at
the premises and it was confirmed that this had been included in the premises
plan contained within the agenda papers.
The Chair also queried whether provision had been made for a smoking area,
and Licensing Officers explained that this is not a licensable activity. The applicant (Ms Helen Dent) confirmed that
there was no designated smoking area at the premises and that there is a fire
escape at the premises.
Representations were then invited from Other Persons.
Mr Geoff Champion (Tabernacle Baptist Church) referred to the
representation from the Church comprising a letter of objection to the
application and a petition signed by local residents. He explained that the Church fully supports
local businesses but that it was felt that the granting of the application
would have a detrimental impact on Newbridge Town Centre. He explained that the area in the vicinity of
the Calzaghe Bridge and Coffee Vault regularly experiences anti-social
behaviour (particularly alcohol misuse) and that the area had been the subject
of a Gwent Police Dispersal Order in August 2016. He suggested that since that time,
anti-social behaviour had extended to the nearby Riverside Walk and vandalism
at the local cricket club, and that the grant of the licence would only add to
the existing problems. He also feared
that the availability of alcohol at the premises from 11.30am would lead to
children and their parents encountering intoxicated individuals. In closing, Mr Champion reiterated the
Church’s longstanding record of support for local traders and freedom of choice
but outlined the serious concerns regarding the application in view of the
existing anti-social behaviour in the town centre and the detrimental impact it
could bring about for Newbridge.
All parties present were afforded the opportunity to ask questions and
the Chair referred to the lack of police representations and the lack of
evidence included in the papers in relation to anti-social behaviour and the
Dispersal Order in 2016. He also
highlighted that one petition signatory was from Cwmbran and therefore not a
local resident. Mr Champion explained
that this signatory is a church parishioner with concerns regarding the
application. He added that the areas of
Newbridge experiencing anti-social behaviour are in very close proximity to the
premises (around 20 metres). Therefore
he felt that granting the premises licence would exacerbate these existing
problems.
The applicant, Ms Helen Dent, explained that the Coffee Vault had been
made aware of groups of young people congregating outside the premises in the
evening to access the free Wi-fi connection from the premises. This is now turned off in the evenings and
had resulted in dispersal of the groups.
She added that there is also CCTV on the premises.
The Chair sought clarification on the Dispersal Order and the anti-social
behaviour referenced by the Church. Mr
Champion explained that Gwent Police had been made aware of the problems and he
expressed concern that the availability of alcohol at the Coffee Vault could
add to these problems. Ms Dent explained
that she regularly attends local partnership meetings and that it was not her
intention to cause any problems in the area.
She explained that the application was intended to allow customers to
have a glass of wine with their meal if they so wished, and she emphasised that
the premises would operate a Challenge 25 policy and would not be serving
children with alcohol.
Ms Pamela Hopkins
(Tabernacle Baptist Church) asked if alcohol supply at the premises could be
restricted to on-sales only. Ms Dent
stated that she had no intention to sell alcohol for consumption off the
premises. Ms Hopkins explained that she
would prefer the supply of alcohol to be restricted to the evening and
referenced the problems with teenagers congregating around the Calzaghe
Bridge. She expressed a need for
Newbridge to be kept as a safe place for children and to have regard for the
wellbeing of future generations. She
emphasised that the Church had no objection to the Coffee Vault itself.
Ms Dent confirmed
that she would be amenable to not selling alcohol during school hours if this
was felt to be the best approach, and reiterated that she had no intention of
causing any problems in the area.
Discussion took place in relation to on-sales and off-sales and the
Tabernacle representatives explained that they had concerns because both on and
off premises sales had been included on the application, and therefore had
interpreted the application as wishing to sell alcohol for consumption off the
premises as well. Ms Dent confirmed that
the application was to allow the Coffee Vault to serve a glass of wine or small
bottle of wine with a meal if desired.
Discussion took place regarding the placing of conditions on the licence
and the Licensing Officers provided clarification in this regard.
Representations were then invited
from the applicant, Ms Helen Dent.
Ms Dent referred to the conditions
offered in her application taken from the model pool of conditions, including
the provision and retention of CCTV and operation of the Challenge 25
policy. She added that the premises
would not sell sealed bottles or cans and that wine would be available to be
served with meals. She explained that
she had already approached Gwent Police who held no concerns regarding the
application. She explained the Coffee
Vault permits teenager customers but that they generally do not frequent the
premises, save for popping in to use the toilet facilities. Ms Dent referred to the availability of
alcohol across a number of other establishments in Newbridge and explained that
her intention is to provide a safe, sociable and happy place in the town where
people can meet with their friends for a coffee. In closing, Ms Dent stated that she could not
understand why the Church had not approached her regarding their concerns.
All parties were afforded the opportunity to ask questions and Mr
Champion explained that the reason why the Church had not approached Ms Dent in
advance was because there had been limited time for the Church Board to meet to
discuss their concerns before submitting their representations to the Licensing
Section. He also made reference to
another coffee shop in Newbridge advertising the availability of alcohol. Licensing Officers offered to discuss the
matter further with Mr Champion following the meeting as this was a separate
unrelated matter, but explained that this particular situation was because that
particular premises had applied for a Temporary Events Notice, which allowed
for the supply of alcohol on the premises on specific dates.
In response to a query from the Chair regarding advertisement of the
application, the Senior Licensing Officer confirmed that this had been
advertised on the premises and in the local paper in accordance with statutory
requirements and timescales.
All parties were then afforded the opportunity to sum up before the
Licensing and Gambling Sub Committee retired to make its decision.
The Licensing Manager confirmed that the Sub Committee were being asked
to determine a premises application in relation to alcohol sales for
consumption for both on and off the premises, and that any grant of the licence
would be for both scenarios unless the Sub Committee were minded to amend the
application.
The Legal Advisor informed all
parties present that the Sub Committee would retire to consider the
representations made at the meeting and they would be informed in writing of
the decision in the next 5 days.
The Sub Committee retired at 3.50
p.m. to make its decision and all other parties left the meeting.
Following consideration of the
application and having regard to the Licensing Officer’s report and all the
representations made, the Licensing and Gambling Sub Committee unanimously
RESOLVED that the application for a premises licence in respect of the Coffee
Vault, Bank Chambers, High Street, Newbridge, be granted for the sale of
alcohol for consumption on the premises only, subject to the conditions contained
within paragraph 1.3.1. of the Licensing Officer’s report. For ease of reference, these are appended to
the minutes. The Sub Committee also
imposed a condition that a notice be displayed in the premises to remind
customers to leave the premises quietly.
In making their decision, the Sub
Committee considered all four Licensing Objectives, the Licensing Act 2003,
revised Home Office Guidance and Caerphilly Council’s Licensing Policy.
The Sub Committee noted the
objections raised regarding anti-social behaviour and the concerns that alcohol
may be sold to underage children.
However, the Sub Committee also noted that there were no objections from
the Responsible Authorities who are responsible for the prevention of crime and
disorder or protection of children from harm, and Members took the view that
the conditions of the licence will promote the Licensing Objectives.
The decision notice advised that any
person aggrieved by the decision had the right to appeal to the local
Magistrates Court within 21 days from the date of written notification of the
decision.
The Chair declared the meeting closed at 4.20 p.m.
APPENDIX
Supply of alcohol
Monday to Sunday
11:30 to 23:00
1.3.1 The following steps have been volunteered by
the applicant as part of the Operating Schedule, to promote the Licensing
Objectives, and are reproduced directly from the application:-
1. (ii) The CCTV equipment shall
be maintained in good working order and continually record when licensable
activity takes place and for a period of two hours afterwards;
(iii) The premises licence
holder shall ensure images from the CCTV are retained for a period of 31
days. This image retention period may be
reviewed as appropriate by the Licensing Authority;
(iv) The correct time and date will be generated onto both the recording
and the real time image screen;
(v) If the CCTV equipment
(including any mobile units in use at the premises) breaks down the Premises
Licence Holder shall ensure the designated premises supervisor, or in his/her absence
other responsible person, verbally informs the Licensing Authority and the
Police as soon as is reasonably practicable.
This information shall be contemporaneously recorded in the incident
report register and shall include the time, date and means this was done and to
whom the information was reported.
Equipment failures shall be repaired or replaced as soon as is
reasonably practicable and without undue delay.
The Licensing Authority and the Police shall be informed when faults are
rectified;
(vi)The premise licence holder shall ensure that there are trained
members of staff available during licensable hours to be able to reproduce and
download CCTV images into a removable format at the request of any authorised
officer of the Licensing Authority or a constable;
(vii) There shall be clear
signage indicating that CCTV equipment is in use and recording at the premises
24 hours a day.
2. All staff to be trained in the prevention of underage sales to a level
commensurate with their duties. All such
training to be updated as necessary, for instances when legislation changes,
and should include training on how to deal with difficult customers. The training should be clearly documented and
signed and dated by both the trainer and the member of staff receiving it. The documentation shall be available for
inspection on request by an authorised officer of the Licensing Authority or a
constable.
3. (a) An approved proof of age
scheme shall be adopted, implemented and advertised within the premise such as ‘Challenge
25’ whereby an accepted form of photographic identification shall be requested
before any alcohol is sold to any person who appears to be under 25 years of
age. Acceptable proof of age shall
include identification bearing the customers photograph, date of birth and
integral holographic mark or security measure.
Suitable means of identification would include PASS approved proof of
age card, photo-card driving licence and passport.
4. All staff with a responsibility for supplying or selling alcohol shall
be vigilant in preventing adults buying alcohol on behalf of persons who are
under 18 and will refuse such sales where they suspect that this may be about
to occur, subject to the exemptions under Section 149 (5) of the Licensing Act
2003 which allows beer, cider or wine to be purchased for an individual aged 16
or 17, providing the beer, cider or wine is for consumption with a table meal
and that a person aged 18 or over is accompanying the individual.
5. The premises licence holder shall ensure that adequate measures are in
place to prevent the escape of odours from the premises. This includes odour from food preparation and
refuse storage.
Supporting documents: