Agenda item

An application has been received for a new premises licence from Loungers UK Limited, in respect of a food led café and bar situated on both the ground and first floor. The premises was previously occupied by a retail clothing business. One relevant representation has been received in objection.

Recommendation

It is recommended that the Sub-Committee determine the application

The Licensing Sub-Committee convened in person on 14 May 2024 to determine the application.

The Licensing Sub-Committee carefully considered all of the relevant information including:

•      Written and oral representations made by the parties and interested persons

•      The Licensing Act 2003 and the steps appropriate to promote the licensing objectives

•      The Guidance issued under section 182 of the Licensing Act 2003 (the statutory guidance)

•      Waverley Borough Council’s statement of licensing policy

•      The Human Rights Act 1998

The Licensing Sub-Committee took into consideration the committee report, and the application form which outlined the proposed hours of operation.

During the consultation process, one representation was received from interested persons which formed part of the committee report. The representation received in objection centred around perceived issues of nuisance associated with the hours requested (the licensing objective of public nuisance) and the concern regarding possible ‘vertical drinking’ at the establishment.

During the hearing, the applicant agreed to reduce the hours for alcohol sales to last orders at 11.30pm on Monday to Saturday with 30 minutes drink up time and closing at midnight (00.00 hrs). In respect of Sundays, the applicant reduced the proposed hours to 11pm in relation to sale of alcohol and to close at 11.30pm

The applicant assured that there was a condition that there is waiter/waitress service, and that substantial food is available at all times. They further advised that generally there is no vertical drinking at Lounge diners.

The applicant also set out their further details of the proposed operation at the site and outlined the other businesses which form part of the operation elsewhere. The committee noted that the operating schedule allowed for waitress service and substantial food to be made available at all times when alcohol was available for sale which the committee felt allayed concerns raised by the interested person in relation to vertical drinking.

The Sub-Committee clarified the extent of the premises with regards to the block plan set out in annexe 2 of the agenda pack which appeared to show the pavement area as part of the premises.  The members were assured this was not part of the licenced premises and was only highlighted to show that the applicant may apply for a street licence in the future to allow for the use of outside chairs and tables but this was not planned at present. The applicant agreed to amend the plan to reflect this.

The Sub-Committee considered the application as well as the representations received both in support and against the review. In reaching their decision, the Sub-Committee had regard to all the relevant evidence, information and submissions and the licensing objectives. The Sub-Committee then reached its decision in an appropriate and proportionate manner.

The Sub-Committee resolved that:

‘The application for a new premises licence should be GRANTED subject to a revised plan being submitted removing the highlighted pavement area within the application and the hours as amended as agreed in response to the objectors comments Monday to Saturday sales to 11.30pm and closing midnight with late night refreshment Monday to Sat to 11.30pm and  Sunday hours to be last alcohol sales at 11pm and closing at 11.30pm

It was therefore agreed that the following times would be granted:

•           Late Night Refreshment

Monday to Saturday               2300 to 2330

•           Sale of Alcohol ( On and Off the Premises)

Monday to Saturday               1000 to 2330

Sunday                                    1000 to 2300

•           Opening Hours

Monday to Saturday               0800 to 0000

Sunday                                    0800 to 2330

Non-Standard Timings

New Year’s Eve – from the end of permitted hours on New Year’s Eve to the Start of Permitted hours on the following day.