Agenda item

To consider an application fora PremisesLicence in respect of Kitchen 126, 126 Southbank Road, Coventry, CV6 1FH

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

  hearing.

  Persons who have made representations have been invited to attend.

The City Council’s Statement of Licensing Policy is available on the Council’s website. Alternatively, please contact us if you require a hard copy.

The Sub-Committee considered an application for a Premises Licence in respect of Kitchen 126, 126 Southbank Road, Coventry. The application was for the Sale of Alcohol (On & Off Sales) from Monday – Sunday 11:00 – 22:00.

One representation had been received from a Resident objecting to the application on the grounds that should the application be granted, it would undermine the licensing objective of the Prevention of Public Nuisance.

None of the Responsible Authorities had objected to the application.

When asked by the Sub-Committee if there were any further documents either the applicant or the Objector would like to submit, the Objector - Councillor J Gardiner on behalf of the Resident - provided a copy of the Resident’s statement to the Sub-Committee. Similarly, the Applicant made reference to the inclusion of an online petition in support of her case which was rejected by the Sub-Committee as it was not submitted within the evidential deadline.

The Licensing Officer gave a brief summary of the application and confirmed that all licensing formalities had been complied with.

The Applicant was invited to present her case with the Sub-Committee allowing her and the Objector 25 minutes each. Her Representative explained that although eleven other street food takeaway events had taken over the past year, only one event – 28 May 2023 – had objections raised against it. During every other event and during the café being open, the Applicant had never received any complaints made against the café regarding smell, noise or anti-social behaviour.

In opposition to the objections raised to the representation submitted by the resident, the Representative presented a statement from another resident who attended the event on 28 May 2023, explaining that it was a small gathering with low noise and no smell. The Representative also noted that it was difficult to accurately ascertain the size of the attending crowd as photos submitted in the Resident’s representation were inaccurate and unsubstantiated. Additionally, with regards to the attitude of the staff towards the Resident following her complaint on 28 May 2023, the Representative argued that this was similarly lacking evidence and unsubstantiated.

Attention was then granted towards the claims made by the Resident regarding the possible disruption of the local community if the Application were to be granted. Alongside a recognition that nuisance from music could not be solely attributed to the café due to other businesses in the vicinity, the Representative offered a solution to the parking problems raised by the Resident and other petitioners by pointing out the available council car parking available on the nearby Holyhead Road. 

The Representative also expressed concern as to the vexatious manner of the Resident’s petition and the behaviour of local residents as to the lack of concern raised until the application was submitted. Furthermore, it was felt that the Resident’s reference to previous events on Browns Lane were unrelated and vexatious and the Representative was grateful this would not be taken into consideration.

Similarly, the Representative raised questions over the claim of piling up of rubbish that was, as it was claimed, un-evidentially attributed to the café. In order to uphold the licencing objectives, it was also noted that conditions could be added to the application to ensure crime rates and noise complaints are kept to a minimum – the selling of alcohol by other nearby businesses, however, would continue regardless of the acceptance of the application.

The Representative concluded the Applicant’s case by reassuring the Sub-Committee that the café was a successful and well-liked business in the local community, had received no complaints before and since 28 May 2023, and events would continue regardless of the Sub-Committee’s decision. Importantly, it was noted that granting the licence would be beneficial to the Sub-Committee because it would allow Kitchen 126 control over what and how much customers are drinking compared to a bring-your-own alcohol system devoid of any control – increasing the likelihood of public nuisance.

In response to questions asked by the Sub-Committee with regards to the change of use of the premises the Applicant presented a written statement from the landlord confirming a change of premises from a café to a restaurant having previously been a café. With regard to noise complaints and bin collections, the Applicant confirmed no outdoor speakers were in use and that bin collections are undertaken by commercial waste services regularly.

After sharing some confusion as to why the Applicant’s petition was not submitted prior to the Sub-Committee, the Applicant responded to questions regarding a condition of her application that during events an outdoor staff member will always be present by highlighting the at-table service the café will provide.

When confirming that all events would be prebooked and ticketed, the Applicant provided clarification as to when the events would be taking place – only at weekends with no alcohol being sold when the café is open between 9:00 and 15:00 on weekdays. The Sub-Committee sought confirmation as to when the events were running and when alcohol was to be sold with the Applicant confirming that she has never ran events past 19:00 and so therefore would be happy for them to end at the latest time of 21:00. Accordingly, the Sub-Committee confirmed with the applicant a change in the proposed schedule of her application for events to take place only on Thursday, Friday, and Saturday between 16:00 to 21:00.

The Sub-Committee then heard representations made on and behalf of the Resident by Councillor J Gardiner. They presented their case focusing initially on the Resident’s petition that gathered 128 signatures in a very short period of time predominantly from those in the surrounding neighbourhood. Much of the focus was in regard to increased parking pressures since the opening of Kitchen 126, further exacerbated by the advent of further events if the application was granted - making an already difficult parking situation impossible.

Following the presentation of the petition, further attention was paid to the alleged unsuitability of the Applicant with the Objector referring to her running of “Caravan at the Cottage” which was closed due to planning concerns in 2021. The Objector alleged that there had been issues over social media whereby supporters of the Applicant had been using bullying tactics to threaten supporters of the Objector. She considered that the Applicant invited a pile on by advertising the petition in support of the application and that this does not reflect the attitudes of someone sensible.

The Resident was then invited to present a witness statement to the Sub-Committee, outlining how the event on 28 May 2023 had had a detrimental impact on her health and wellbeing. She stated how increased exposure to loud noise from the event alongside the indifference of a staff member had disrupted her peace, with no reconciliation sought even after the Applicant had apologised for the noise, promised to turn it down and offered her free cakes to say sorry. She concluded by recognising the possibility of these issues being further exacerbated in the future if the Sub-Committee granted the application.

Councillor J Gardiner, on behalf of the resident, concluded her case by recognising the unsuitable time she had been given by the Sub-Committee to speak on behalf of 128 objectors. The Chair reaffirmed that the Sub-Committee had to be fair to both parties.

The Sub-Committee asked questions of the Objector and the Resident as to the event on 28 May 2023 confirming a finishing time of approximately 19:15 as well as any other events that had taken place since then. The Resident confirmed an event on Father’s Day where there were no reported issues. Whilst confirming that alcohol was sold at similar ‘honeypot’ events, The Sub-Committee asked whether the Objector, as a Councillor, had referred the complaint to Environmental Health on the Resident’s behalf. She confirmed that she had had some contact with Environmental Health but that she then discovered the licence application and felt this should be prioritised. It had therefore not been taken further. Similarly, the licensing officer confirmed that she was unaware of any other issues or complaints raised to Environmental Health.

In summing up their case, the Objector demonstrated that 128 local residents are unhappy with the prospect of the Applicant being granted a Premises Licence in which issues of noise, smells and parking nuisance would inevitably be exacerbated. For these reasons, the Objector asked the Sub-Committee to reject the application.

The Representative, on behalf of the Applicant, similarly summed up the Applicant’s case stating that the Applicant had demonstrated a willingness to work alongside the local community, had offered solutions with regard to parking and had even offered to reduce the requested licensing hours in order to alleviate any concerns. The lack of formal complaints about the event on 28 May 2023 were also noted, with the representative asking for the Sub-Committee to grant the application.

Finally, the Sub-Committee asked if the Applicant wished to offer a reduction in hours for consideration owing to what had previously been said. Following a short consultation with her Representative, the Applicant confirmed that she wished to apply for licensing hours of Thursday to Saturday from 16:00 to 21:00.

In reaching their decision, the Sub-Committee considered the application on its own merits and due consideration was given to the evidence available before them including the objections raised. The Sub-Committee acknowledged the concerns raised about noise, however, 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.

RESOLVED that the application for a Premises Licence be granted in respect of Kitchen 126, 126 Southbank Road, subject to the times offered within the hearing by the Applicant as follows:-

Thursday to Saturday from 16:00 to 21:00.