Agenda item

To consider an application for a New Premises Licence in respectof Bistro, War Memorial Park, Kenilworth Road, Coventry

Note: The applicant and their representative have been invited to attend thehearing.

Personswho havemade representationshave beeninvited toattend.

 TheCity Council’sStatement ofLicensing Policyis availableon theCouncil’s

   website.Alternatively, pleasecontact us ifyou requirea hard copy.

At the commencement of the Hearing, the legal advisor made the following statement:

 “For the purposes of transparency and openness, please note that Coombe Abbey Park Limited, the applicants in both applications for premises licences, is a company that is wholly owned by the Council and that the Council are also owners and trustees of the War Memorial Park”.

The Sub-Committee considered an application for a new Premises Licence in respect of Bistro, War Memorial Park, Coventry. The application requested the sale/supply of alcohol (on sales); Monday to Sunday 11.00am to 8.00pm during the summer and Monday to Sunday 11.00am to 5.00pm during the winter.

One representation from a member of the public representing Friends of War Memorial Park was received objecting to the application. None of the Responsible Authorities had objected to the application.

During the application process, the Applicant had liaised with the Police and
Environmental Protection.

The Sub-Committee’s statutory duty was to consider the application and any representations and to take such steps as contained in the Licensing Act 2003 as it considered appropriate for the promotion of the licensing objectives.

The Licensing Officer presented the report and summarised the application, confirming that the application was for a new premises licence and that all application formalities had been complied with. She confirmed that one representation was made by Friends of the War Memorial Park and that none of the Responsible Authorities had objected to the application. During the 28-day consultation period, the applicant had agreed to amend the application to reduce the hours in respect of the sale/supply of alcohol and to fully remove the provision of live and recorded music. The Licensing Officer stated that two letters of support had been received for the application.

The Applicant presented their case and referred to the statement attached to
their notice of attendance and confirmed its contents including that the sale/supply of alcohol was supplementary to the sale of food. They confirmed that the alcoholic drinks that they were looking to sell/supply were prosecco, red wine, white wine, rose and bottled beer but only if the drink was purchased with food. The Applicant explained that they would adhere to the Challenge 25 policy. In addition, they confirmed that their intention was not to operate a premises where people would gather simply to buy alcoholic beverages, but that it would be a premises where people could consume a meal accompanied by a drink. The Applicant further stated that the sale/supply of alcohol would only take place if the customer had also ordered a meal.

The Applicant when questioned by the Sub-Committee about the sale of alcohol only and the use of glasses, confirmed that alcohol will only be sold if purchased with a meal and that no glasses would be used. The Applicant further confirmed that the existing curtilage would be used for outdoor seating with a maximum of 40 seats. Barriers would be erected to create a boundary around the premises to ensure alcohol is not taken off the premises and to deter alcohol from being brought onto the premises. The Applicant stated
that staff would always be vigilant and that there are both internal and external CCTV for monitoring purposes.  

When questioned about the type of food to be served, the Applicant confirmed that there would be breakfast batches, pastries and light lunches such as pasta and salads and fish and chips and main meals for the evening.

The Sub-Committee then heard representations from Friends of Memorial Park who had objected to the application on the grounds that they believed that three of the four licensing objectives, namely, the prevention of crime and disorder; the protection of children from harm and the prevention of public nuisance would be undermined if the licence was granted. They stated that the park was a memorial to the war and the supply/sale of alcohol would undermine the true purpose of the park and would result in increased alcohol related antisocial behaviour.

In addition, the Objectors stated that the barriers around the premises would prevent young families with pushchairs from accessing the children’s play area, given that there would be an increase in the number of tables being proposed.

The Objectors stated that there had been a spate of antisocial behaviour with youths congregating late at night and vandalising and smashing bottles by the visitor centre.  In summing up, they added that officers would be unable monitor the consumption of alcohol after hours given that their operational hours were between 8.00am and 5.00pm.

The Applicant, during their summing up, stated that they were a responsible business and the premises would be managed to the highest standards. They confirmed that the total number of outdoor seats would be 54 and despite the increase in tables, there would still be sufficient footpath for children and young families to access the children’s play area.

The Applicant agreed to submit a revised plan, incorporating 54 outdoor seats, as requested by the Licensing Officer.

In reaching its decision, the Sub-Committee had regard to both national guidance and the Council’s own policy.

The Sub-Committee considered the application on its own merits and gave due consideration to the officer report and the oral representations made at the meeting.

The Sub Committee considered that the Applicant had demonstrated a willingness to take steps to prevent, so far as possible, problems arising at or from the premises that may undermine the licensing objectives. For example, they had voluntarily reduced the hours relating to the sale/supply of alcohol. This, they believed, was a sign of a responsible Applicant who was dedicated to prioritising the promotion of the licensing objectives.

In accordance with the High Court’s decision in R (on application of Daniel Thwaites plc) v Wirral Magistrates’ Court and Others (2008) EWHC 838 (Admin), the Sub-Committee attached the appropriate weight to the fact that none of the Responsible Authorities, who are to be considered experts in their individual fields, had objected to the application. In particular, the Sub Committee considered paragraph 2.1 of the Licensing Act 2003 Statutory Guidance which states that licensing authorities should
look to the Police as the main source of advice on crime and disorder.

The Sub-Committee, whilst also being sympathetic as to potential issues in respect of the Public Space Protection Order, were clear that this could not be considered and as such would not have any bearing on the determination of
this application.

RESOLVED that the premises licence application in respect of Bistro, War Memorial Park, Coventry be granted subject to the following conditions:

1.  The sale of alcohol will be limited to prosecco, white wine, red wine, rose and bottled beer, as indicated by the Applicant. The premises will be prohibited from selling hard liquor or spirits (for example gin, vodka, whiskey etc.

2.  The premises licence will operate from 11.00am to 8.00pm in summer daylight hours and from 11.00am to 5.00pm in winter daylight hours, as volunteered by the Applicant.