Decision Maker: Licensing Sub-Committee
Decision status: For Determination
Is Key decision?: No
Is subject to call in?: No
Kirkby Lonsdale Football Club
The Licensing Officer presented the application for a grant of a premises licence at KD’s Café, 60 Quarry Rigg, Bowness-on-Windermere. The application sought the sale of alcohol for consumption on the premises between the hours of 11.00 to 20.00, Monday to Sunday. The Licensing Officer drew Members’ attention to the fact that these operating hours were a reduction from the original application.
The Licensing Officer stated that 12 representations had been received from interested parties. However, following further consultation in relation to the reduction of the operating hours, three representations were subsequently withdrawn. She explained that the representations were concerned with the possible effect that the granting of the licence would undermine the licensing objective of ‘Prevention of Public Nuisance’, copies of the representations were to be found at Appendix 3 of the report. No objections were received from any of the responsible authorities and the application had been advertised in line with the statutory requirements.
No questions from Members were raised.
Mr.Fogerty, a local resident who lived in the flat directly above the premises, addressed the Sub-Committee in objection of the application due to the potential effect on the quiet enjoyment of his flat.
No questions from Members were raised.
The Applicant, Mr.Rogers, made his representation and clarified to Members that Quarry Rigg Management Limited, the company who managed the site, did not make any representations in relation to the application.
The Applicant responded to questions from Members. He clarified that no live music would take place on, or outside, the premises, only background music would be played such as the radio. He further explained that there were many other licensed premises in close proximity to the café, and listed others on the Quarry Rigg site.
The Applicant provided an explanation to Members for the proposed operating hours in his original application submitted to the Licensing Authority on 06 July 2021. He had originally applied for later hours due to the ongoing European Football matches being played. However, he clarified to Members that the main purpose of the licence would was to be able to serve alcohol along with nibbles before customers attended the cinema which was in close proximity to the café.
The Applicant provided Members with assurances that all pathways would be kept clear at all times. He explained that the current seating arrangements were a significant reduction in what had been at the café historically.
Discussions with Members took place around the legality of the outdoor seating at the premises. The Solicitor responded to a question from Members regarding the lease of the property and if a premises licences, if Members were minded to grant, would supersede the lease.
Members sought clarification from the Applicant with regards to the ownership of land where the seating area was. The Solicitor reminded Members that the terms of the lease was a matter between the landlord and the tenant, and that, in the absence of any objections from the landowner and/or Landlord, this was not an issue for the Licensing Sub -Committee to consider.
The Applicant gave his closing statement, in which he stated he wanted to maintain a good and amicable relationship with all of the local residents. He provided assurances to Members that the staff would always keep the outside area clean and tidy.
Note – The Sub-Committee passed a resolution to adjourn the meeting at 10.34.a.m. to exclude the press and public in making its decision and retired from the meeting room in accordance with Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005 (as amended) in order to further consider the application.
Note – The meeting re-convened at 11.22.a.m.
RESOLVED – That the application be granted:-
(1) for the supply of alcohol on the premises from Monday to Sunday,
11:00 hours to 20:00 hours; and
(2) subject to the mandatory conditions and to the following conditions:-
a) The premises must only operate as a café where customers are seated at a table and the supply of alcohol to customers must be by waiter or waitress service, only for consumption on the premises
b) The Premises Licence holder/Designated Premises Supervisor will belong to a recognised trade body or Pub Watch Scheme where one exists, whose aims to include the promotion of the licensing objectives.
c) Any staff employed at the premises will be provided with training on first appointment and on a regular basis thereafter. Training will include information on preventing the sale of alcohol to somebody who is drunk and any other relevant matter. A written record will be kept of all training carried out. This record must be kept on the premises and made available for inspection by a responsible authority.
d) Staff will ensure that the outside area is kept free from litter.
e) Music provided at the premises shall be played at such a level so as not disturb local residents.
f) The dispersal of customers from the premises must be managed in accordance with the following:-
(i) prominent, clear signage must be displayed at all exits from the premises requesting patrons and staff to respect local residents by keeping noise to a minimum when leaving the premises; and
(ii) (ii) public announcements requesting customers to leave quietly to minimise disturbance to nearby residents;
The Sub-Committee had also had regard to the Council’s Statement of Licensing Policy and, in particular, paragraph 5.6.
The Sub Committee noted that no representations had been received by the responsible authorities.
Having regard to the Licensing Objectives, the reasons for reaching this decision are prevention of crime and disorder and prevention of public nuisance. The Licensing Sub-Committee is satisfied that the conditions imposed will serve to further the licensing objectives contained within the Licensing Act 2003 and the statutory guidance.
The reasons for the decision would be communicated to the applicant and the interested parties in writing following the meeting. The applicant and interested parties will be informed of the right to appeal against the decision to the Magistrates’ Court within 21 days of being notified of the decision.
Report author: Sean Hall
Publication date: 26/10/2021
Date of decision: 31/08/2021
Decided at meeting: 31/08/2021 - Licensing Sub-Committee