To consider and determine an Application for a Premises Licence by Krumbz Café Ltd in respect of Krumbz Café, Kennet Place, Marlborough. The report of the Public Protection Officer (Licensing) is attached.
Minutes:
Application by the owner of Krumbz Café
for a Premises Licence in respect of Krumbz Café, Kennet Place, Marlborough, Wiltshire, SN8 1NG
Licensing Officer’s Submission
The Sub Committee gave consideration to a report (circulated with the agenda) in which determination was sought for an application for a premises licence presented by Lisa Grant (Public Protection Officer – Licensing) for which one relevant representation had been received from Marlborough Town Council. The application was for the following licensable activities:
It was noted by the Sub Committee that there were four options available to them:
The Public Protection Officer (Licensing) gave details of the appeals procedure for the parties following a decision made at the Sub Committee hearing.
The following parties attended the hearing and took part in it:
On behalf of the Applicant
Relevant Representations
The Chairman advised that the written representations had been read by the members of the Sub Committee in advance of the meeting. The Chairman then invited the Applicant to introduce their application.
Applicant’s submission
Rowland Meekspoke in support of the application, highlighting the following points:
Sub Committee Member’s questions
In response to the Sub Committee Members questions to the Applicant, the following points of clarification were given:
· That there are 16 seats in the garden. 8 tables with 4 on the grass and 4 alongside the building. The Applicant was confident that this could be easily managed especially with the installation of CCTV that is being planned.
· The Applicant stated that their base seller was sandwiches and also cakes, sausage rolls and salads. The success in the current food model meant no plans were being made to change the food on offer.
· There was no difference in noise level when the temporary event was held, even with a packed garden and alcohol being served.
Questions from those who made a relevant representation.
In response to questions to the Applicant from those that had made a relevant representation, the following points of clarification were given:
· Part of the garden area is not part of the official lease but had been used by the Applicant for over 10 years and is a community space. The Applicant had contributed to its maintenance by purchasing plants.
Submissions from those who made relevant representations.
Representation – Richard Spencer-Williams, Town Clerk, Marlborough Town Council highlighted the following on behalf of the Town Council:
Sub Committee Members’ questions
In response to the Sub Committee Members questions to those that had made a relevant representation, the following points of clarification were given:
Questions from the Applicant:
There were no questions from the Applicant to the Town Council representative, but it was stated that vertical drinking not being allowed had been included as a way to appease the concerns of residents.
Closing submissions from those who made relevant representations.
No further points were made by the representative for Marlborough Town Council.
Applicant’s closing submission
In their closing submission, the Applicant highlighted the following:
Points of Clarification Requested by the Sub Committee
No points of clarification were requested by the Sub Committee.
The Sub Committee then adjourned at 10:39 and retired with the Senior Solicitor and the Democratic Services Officer to consider their determination on the licensing application.
The Hearing reconvened at 10:59.
The Senior Solicitor advised that he gave legal advice regarding the four licensing objectives particularly in relation to the prevention of public nuisance.
Decision:
Arising from consideration of the report, the evidence and submissions from all parties and having regard to the Statutory Guidance, the Council’s Statement of Licensing Policy and the Licensing Act 2003, the application for a Premises Licence in respect of Krumbz Café, Kennet Place, Marlborough, Wiltshirebe GRANTED for the licensable activities shown below:
Licensable Activities |
Days |
Timings |
Sale by retail of alcohol (ON and OFF sales) |
Monday to Sunday |
08:00 – 18:30 |
Hours open to the public (Not a licensable activity) |
Monday to Sunday |
08:00 – 18:30 |
And subject to the following condition:
All ON sales of alcohol must be consumed whilst seated at the premises.
Reasons for Decision
In reaching its decision, the Sub Committee took account of and considered all the written evidence and the representations from all parties present at the hearing. The Sub Committee noted the concerns raised by the representation from Marlborough Town Council at the hearing.
The Sub Committee gave consideration to the anticipated public noise nuisance, particularly from patrons arriving and leaving the premises and felt that by the reduction of the hours for the sale of alcohol each day from 22:00 to 18:30 before the closure of the premises to the public this would limit the public noise disturbance to the local residents.
The Sub Committee heard no evidence that the Applicants would fail to promote the licensing objectives and included a condition that all on sale alcohol must be consumed whilst seated at the premises.
The Sub Committee also considered the relevant provisions of the Licensing Act 2003 (in particular Sections 4 and 18); the four Licensing Objectives; the guidance issued under Section 182 of the Act and the Licensing Policy of Wiltshire Council.
Right to Appeal
The Premises Licence Holder, any Responsible Authority(ies) and Interested Parties who made representations were informed that they may appeal the decision made by the Licensing Sub Committee to the Magistrates Court. The appeal must be lodged with the Magistrates Court within 21 days of the written notification of the decision. In the event of an appeal being lodged, the decision made by the Licensing Sub Committee remains valid until any appeal is heard and any decision made by the Magistrates Court.
A Responsible Authority or an Interested Party may apply to the Licensing Authority for a Review of a Premises Licence. Whether or not a Review Hearing takes place is in the discretion of the Licensing Authority, but, if requested by an Interested Party will not normally be granted within the first 12 months except for the most compelling circumstances.
Supporting documents: