Agenda item

Arro Coffee, 77 Bishop’s Bridge Road, Bishops Court, London, W2 6BG (“The Premises”)

19/04141/LIPN

1.

Sale by Retail of Alcohol –

Off Sales

Monday to Sunday: 08:00 to 21:30

On Sales

Monday to Sunday: 11:00 to 21:30

Amendments to application advised at hearing:

The Sub-Committee was advised by the applicant that the hours for the sale by retail of alcohol would be amended to the following:

Off Sales

Monday to Sunday: 10:00 to 20:00

On Sales

Monday to Saturday: 11:00 to 20:00

Sunday: 12:00 to 20:00

Decision (including reasons if different from those set out in report):

The Sub-Committee considered an application by Galleria Cafe Ltd (“The Applicant”) for a new premises licence in respect of Arro Coffee, 77 Bishop’s Bridge Road, Bishops Court, London, W2 6BG.

The Licensing Officer introduced the application and advised all parties present that the hours for the sale of alcohol had been amended with the terminal hour for on and off sales now 20:00 hours Monday to Sunday. The Sub-Committee was also advised that Environmental Health had withdrawn their representation following the agreement of conditions with the Applicant.

Ms Meola, Food and Beverage Manager for the Applicant, advised that the Premises currently operated as a coffee shop selling traditional Italian beverages and food. The application was seeking to provide an opportunity for customers to enjoy an aperitivo which would permit them to consume Italian alcohol. As part of the application the Sub-Committee was advised that it was proposed for a condition to be placed on the licence introducing a thirty-minute drinking up time to ensure a smooth, orderly closing of the Premises. The Sub-Committee noted that conditions had been agreed with Environmental Health (EH) following which they had withdrawn their representation. It was acknowledged that the South East Bayswater Residents Association (SEBRA) had concerns over the application but the proposals sought were simply to increase custom during the traditionally quieter afternoon period.

Ms Seaward, representing the Licensing Authority, confirmed that the Premises was located in a Cumulative Impact Area (CIA). It was also confirmed that the terminal hour for the supply of alcohol had been scaled back to 20:00 hours which now brought the application in line with the Council’s core hours policy. Serious concerns had been raised over off-sales from the Premises due to the significant street-drinking problems in the local area. The applicant, in consultation with the Police, had tried to address this issue by placing additional conditions on the licence requiring all sales of alcohol for consumption off the Premises to be in sealed containers only. It was also proposed that no super strength beers or lagers above 5.5% ABV would be sold at the Premises. The Licensing Authority had maintained its representation due to an outstanding representation from an interested party, and as it was located in a CIA which required exceptional reasons to be demonstrated.

Mr Brown, from the Citizens Advice Bureau Licensing Advice Project, representing SEBRA, addressed the Sub-Committee. He brought to the Sub-Committee’s attention the updated conditions circulated by the Applicant as there appeared to be some confusion over what was being proposed. It was unclear if the sale of alcohol would be ancillary to customers taking a table meal and if so whether this related to inside or outside the Premises. Permitting a drinking up time could also potentially permit customers to purchase alcohol before the terminal hour for the sale of alcohol and continue to drink to later in the evening. Several conditions also appeared to contradict what was proposed and further clarity on what was sought was required. The Queensway area contained a significant number of coffee shops and there was concern that permitting the supply of alcohol which was ancillary to a table meal from the Premises would set a precedent in the area. In conclusion therefore significant concerns still existed that none of the proposed conditions required the sale of alcohol to be ancillary to food and also with regards to the lack of clarity over the wording of some of the conditions.

Ms Meola stated that the Premises did not function as a restaurant but was proposing to offer a buffet selection which customers drinking alcohol would have access to. It was recognised however that it would be difficult to monitor if all customers were taking substantial refreshment when consuming alcohol as customers would be under no obligation to eat the buffet food on offer if they did not want to. In response to questions from the Sub-Committee it was explained that off sales of alcohol had been applied for to allow customers to purchase bottles of wine for consumption at their homes.

As the Premises was located in a CIA the application was contrary to the Council’s Statement of Licensing Policy and as such the Sub-Committee was particularly interested to learn why it should be considered an exception to policy. Ms Meola advised that the food served at the Premises was handmade, with 90% of their products originating from Italy.

The Sub-Committee carefully considered the application on its individual merits and the evidence provided by all parties. It was noted that the Premises was located within a CIA and as such the applicant was required to demonstrate that the application could be considered an exception to policy. The reasons provided by the Applicant as to why it was an exception, which centred on it providing an authentic Italian experience, were not considered unique or exceptional enough to allow the Sub-Committee to depart from the policy presumption in that granting the application would not add to negative cumulative impact within the CIA. There was also a lack of clarity with regard to the proposed conditions and therefore the Sub-Committee was uncertain over how various aspects of the Premises were proposed to operate effectively and efficiently which would have the overall effect of promoting the licensing objectives. Significant concern was expressed by the Sub-Committee that permitting the sale of alcohol from the Premises would change the style, nature and character of its operation and have the potential to add to cumulative impact. The application as presented was therefore considered inappropriate for the local area, had the potential to add to cumulative impact and on balance was deemed unlikely to promote the licensing objectives. The Sub-Committee therefore refused the application accordingly.

2.

Hours Premises are Open to the Public

Monday to Sunday: 07:00 to 22:00

Amendments to application advised at hearing:

The Sub-Committee was advised that the opening hours for the Premises would be amended to 07:00 to 22:00 Monday to Saturday and 08:00 to 22:00 on Sundays.

Decision (including reasons if different from those set out in report):

The Sub-Committee refused the application (see reasons for decision in Section 1).