Decision details

AB

DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE

APPLICATION OF THE PREMISES LICENCE – CENTRE CAFÉ, 187A LINCOLN ROAD, PETERBOROUGH

20 MAY 2014

This Decision Notice refers to the application for the premises licence Centre Café, 187a Lincoln Road, Peterborough.

We have considered the representations made to us today and in writing:

• Cambridgeshire Constabulary
• Licensing Authority
• The applicant and his representative

The premises lie within an area designated as a cumulative impact zone known as the ‘Can-do’ area, incorporating mainly the Millfield and New England areas of the City. On 18 April 2013 the Licensing Authority adopted a special policy concerning this area.

This area suffers from a proliferation of outlets selling alcohol. Many such outlets trade with ‘off sales’ licences. These premises mainly being off licences and small grocery shops.

The ‘Can-do’ operation partnership with the City Council, Police, NHS and Community Groups is designed to address the issues caused by the sale of alcohol in this area.

These issues include alcohol abuse, which adversely affects the health of many of the residents who live in the area.

There are issues relating to street crime and anti-social behaviour in the area which are a drain on Police and the Authorities’ resources.

We are concerned with the increase in alcohol consumption and the detrimental effects it has on the community.

There is a rebuttable presumption not to grant further premises licences in a cumulative impact zone. However, the Licensing Authority recognises that such a policy is not absolute.

There are 93 premises authorised to sell alcohol in the area.

-       39 off sales only,

-       31 both on and off sales, and

-       23 on sales only

In order to rebut the presumption not to grant, Applicants need to address the special policy issues in the operating schedules and demonstrate why the operation of the premises will not add to the cumulative impact already being experienced.

In our deliberations we have considered:

-       Our own Statement of Licensing Policy at paragraph 11,

-       The Government guidance at paragraph 13.29 and 13.30,

-       The conditions forwarded by the police and those by the applicant

We consider that the options available to us are:

-       To grant this licence as applied for,

-       To grant with additional conditions, or

-       To reject the application.

We welcome the willingness of the applicant to accept the conditions put forward by the police. We feel that with these conditions the applicant will have met the threshold required for this type of premises applying for an on licence only.

We therefore grant the licence for the premises, known as Centre Café, 187a Lincoln Road, Peterborough, as applied for subject to the adoption of all the conditions put forward by the police and the applicant, with the police conditions taking precedence where there is conflict and avoiding any duplication.

We do not agree with the ‘minimum meal’ condition as we feel this would be too difficult to enforce in this type of establishment.

The licence is for the downstairs area alone as shown on the plan for the premises.

Any party in objection to the decision may appeal to the Peterborough Magistrates Court within 21 days of receiving this formal notice at:

Peterborough Court House, Bridge Street, Peterborough, PE1 1ED. Tel No. 0845 3100575. There is a fee to pay.

Councillor Thacker

Sub-Committee Chairman