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No declarations of interest.
Present Applicant: Abigail Dymmock, represented by Matthew Phipps Others Person: Councillor Jayne Cowan The Application An application for the grant of a Premises Licence was received from Coffi Lab Ltd in respect of 10 Heol y Deri, Rhiwbina, Cardiff. The applicant has applied for the following: (1) In respect of the following licensable activities: (i) The sale of alcohol for consumption on and off the premises. (2) Description of Premises (as stated by applicant): “Coffee shop/café” (3) Unless otherwise indicated the premises may be open to the public during the following hours and for any hours consequential to the non-standard timings: Monday to Sunday: 07:30 to 21:00 hours (3) To provide licensable activities during the following hours: (i) The sale of alcohol for consumption on and off the premises: Monday to Sunday: 10:00 to 20:30 hours Applicant Representations Mr Matthew Phipps presented the application. Mr Phipps referred to the report and the additional submissions supporting the application. Members were advised that Mr Phipps had an opportunity to discuss residents’ concerns with the local Councillor. Those discussions had gone favourably, and the majority of the concerns raised have now been addressed. Mr Phipps provided an overview of the concerns highlighted in the written representation received from Councillor Cowan. Mr Phipps stated that Coffi Lab were operating seven premises in Cardiff and a few more in the surrounding area. The premises licence application included a condition that would ensure that the premises operate as a coffee shop as long as the licence is in place. The intention was to expand the products on offer to customers to include a limited range of wines and beers only and the application was made following requests from customers. Members were asked to note that there were no complaints regarding the current operation of the premises. On of the main objectors was a regular customer. Mr Phipps accepted that the hours for the sale of alcohol were causing some concern. However, sale of alcohol would be limited to 2030 hours daily and the premises would be closed by 2100 hours which he felt was not initially understood by some of the objectors and this should provide some comfort. There would be no change to the layout of the premises. There would be no change to the layout of the premises. Mr Phipps submitted that the premises would continue to operate as a coffee shop/café and was not intended to operate as a vertical drinking establishment. Whilst he did not consider a condition prohibiting all vertical drinking to be necessary, he indicated that the nature of the premises was such that alcohol consumption would remain ancillary to the café use of the premises. Mr Phipps advised that pre application consultation was undertaken with the responsible authorities. No responsible authority representation were received and the absence of any representation may be considered as validation of the application. In respect of the waste management issues highlighted in the representations received, Mr Phipps advised that concerns were raised at that Biffa were collecting waste early in the morning and creating noise disturbance. However, Biffa was not contracted to collect waste from these premises. Significant concerns were also raised regarding parking issues in the immediate and wider vicinity of the premises. Mr Phipps considered that parking was not a relevant consideration for the Sub Committee and any concerns should properly be reported to Cardiff Council which is responsible for parking enforcement. Mr Phipps also addressed concerns raised regarding use of a jet wash to cleanse the frontage of the premises. Mr Phipps closed by saying that the premises was popular and proud to be part of a thriving village district shopping area. The application would no undermine the licensing objectives and therefore Members were invited to grant the application. Responding to questions from the Sub Committee, Mr Phipps stated that the premises is currently permitted to operate until 2100 hours. However, it generally closes at 1800 hours and there were not plans to use the external area at the rear of the premises. Other Person Representations Councillor Cowan addressed the Sub Committee. Councillor Cowan stated that in her 27 years in office representing her community she had rarely had the level of dialogue that she has had with Mr Phipps and he was commended for this. Councillor Cowan stated that Coffi Lab was a welcome addition to the village but she was contacted by residents who had highlighted a number of concerns. The majority of those concerns have been allayed by Mr Phipps but the use of the rear area and parking issues remained. Councillor Cowan indicated that she would raise the parking issues with officers in Cardiff Council and was grateful for the opportunity to address the Sub Committee. Responding to concerns raised regarding noise from the disposal of glass bottle waste, Mr Phipps indicated that, should Members consider it necessary, a condition restricting the disposal of glass waste could be attached to the licence. Summing Up Mr Phipps invited Members to grant the application subject to the additional condition offered. Decision The Sub-Committee resolved to grant the application for a Premises Licence, subject to the following additional condition: “All empty bottles and glass waste generated after 21:00 shall be stored inside the premises and shall not be removed to external receptacles until after 08:00 the following day.” Reasons for the decision The Sub-Committee heard from the applicant’s representative and the local ward member, and considered all of the oral and written evidence presented at the hearing. In reaching its decision the Sub-Committee had regard to the Licensing Act 2003, the statutory guidance issued under section 182 of the Act, and the Council’s Statement of Licensing Policy. Members were advised that, relevant representations having been received, the Sub-Committee was required under section 18 of the Act to take such of the steps set out in section 18(4) as it considered appropriate for the promotion of the licensing objectives. The Sub-Committee noted that the application sought authorisation for the sale of alcohol for consumption both on and off the premises at Coffi Lab, Rhiwbina. Members accepted the applicant’s evidence that the premises operates principally as a coffee shop/café and that the application was intended to enable a limited range of alcoholic beverages to be offered to customers in response to customer demand. Members attached weight to the applicant’s confirmation that the premises would continue to operate as a coffee shop/café. Having regard to the nature and scale of the operation, the hours applied for and the condition offered by the applicant securing the continued operation of the premises as a coffee shop, Members were satisfied that the character of the premises would not materially change and that no condition relating to vertical drinking was necessary or proportionate in this case. The Sub-Committee attached significant weight to the fact that no representations had been received from any responsible authority. Members considered this to be persuasive evidence that the application, subject to the operating schedule and proposed conditions, was not likely to undermine the licensing objectives. Members carefully considered the concerns raised by local residents through Councillor Cowan. Those concerns principally related to the potential for noise disturbance, the use of the rear external area, refuse collections, cleaning activities and parking pressures in the vicinity of the premises. In respect of public nuisance, Members accepted the applicant’s evidence that alcohol sales would cease at 20:30 hours and that the premises would close by 21:00 hours. Members also accepted the evidence that there were no proposals to use the rear external area for customers and that there would be no change to the physical layout or operation of the premises. Members further noted that no evidence had been presented of complaints arising from the current operation of the premises. The Sub-Committee considered the concerns relating to parking. However, Members were satisfied that parking enforcement and general traffic management are not matters falling within the licensing objectives, and attached limited weight to those concerns when determining the application. Members also considered concerns relating to waste management and the disposal of glass bottles. Whilst Members accepted the applicant’s evidence that Biffa did not collect waste from the premises, they considered that an additional condition relating to the disposal of glass waste would further promote the prevention of public nuisance objective. The Sub-Committee therefore imposed the condition requiring all empty bottles and glass waste generated after 21:00 to be stored inside the premises and not removed to external receptacles until after 08:00 the following day. Having considered all of the evidence before it, the Sub-Committee was satisfied that the application, subject to the conditions proposed by the applicant and the additional condition imposed by the Sub-Committee, would promote the licensing objectives. Members were satisfied that the premises was a well-managed café operation, that there was no evidence of existing problems associated with the premises, and that the additional condition would adequately address concerns regarding noise from the disposal of glass waste. Accordingly, and pursuant to section 18(4)(a) of the Licensing Act 2003, the Sub-Committee resolved to grant the application subject to the conditions consistent with the operating schedule and the additional condition set out above. Right of appeal The applicant may appeal against this decision to the Magistrates’ Court, in accordance with Schedule 5 to the Licensing Act 2003. Any appeal must be commenced by giving notice of appeal to the designated officer for the magistrates’ court for the petty sessions area in which the premises are situated within a period of 21 days beginning with the day on which the appellant was notified of this decision. Any other person who made relevant representations in relation to the application may also appeal against this decision within the same period.
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