## New Grant Premises Licence Application - Alcohol & Gambling Licensing Sub-Committee Wednesday 18Th September 2019 1.0 Purpose Of Report

1.1
To consider an application for the new grant of a premises licence in relation to Bar Café Milano, 152 Wellingborough Road, NN1 4DT. 

## 2.0 Summary

2.1
An application for the new grant of a premises licence was submitted by FJF Licensing Solutions on behalf of the proposed licence holder and designated premises supervisor, Mr Arber Alliu.  The online application was received by 
Northampton Borough Council on the 26th July 2019. 
As part of the application's operation schedule, the applicant has also submitted a number of steps that the licence holder has agreed to implement in order to promote the licensing objectives. Appendix A

## 3.0 Application Details

3.1
The application was submitted with the intention to licence the premises in order to trade as a small café comprising of a sales counter, seating and dining areas, kitchen, toilet and office.  There is also an outside area at the rear of the premises where customers can sit and consume their refreshments. 
3.2
The licensable activities and times requested on the application are for the following:
Sales of Alcohol for consumption On the premises: Monday - Sunday 11:00 - 23:00 Midnight Opening Hours: Monday - Sunday 07:30am - 23:30  

3.3
The proposed Designated Premises Supervisor is:
Mr Arber Alliu Personal Licence Number: PA3252 Issuing Authority: Northampton Borough Council

## 4.0 Consultations/Representations

4.1
When a request for the new grant of a premises licence or club premises certificate is received, the applicant must display a notice at or near the premises and serve a copy of the application onto the responsible authorities. For electronic applications it is a requirement of the local authority to serve a copy of the application onto the responsible authorities.
This gives responsible authorities and interested parties the opportunity to make representations in relation to the application for a period of 28 calendar days.  The last date for making a representation was the 23rd August 2019. 

4.2
The obligatory notice was displayed on the premises as verified by local authority officers on the 1 August 2019 and published in a local newspaper on the 1 August 2019. Appendix B
4.3
The Licensing Department has received five representations, three from 
members of the public, one from the planning department as a responsible 
authority and one from the local authority assets management department as 
the landlord and interested party. Appendix C
4.4   Environmental Protection have considered the application pertinent to the 
licencing objective of the prevention of public nuisance and have agreed conditions with the applicant as detailed in **Appendix D**.

## 5.0 Attendance

5.1
The local authority is required to send a notice of hearing to all interested parties and request confirmation of attendance.  A notice of hearing was sent 
to the following persons on the 3rd September 2019.  
Member/s of Public - confirmation of attendance pending Agent - Frank Fender FJF Licensing Solutions - Confirmed Attendance Applicant & DPS - Arber Alliu - confirmed Attendance Interested Party - Asset Management James Hall - confirmation of attendance pending Responsible Authority - Tammara Roberts Planning - confirmation of attendance pending

## 6.0 Plan Of Premises Layout & Location

            Plan and Location map attached Appendix E

## 7.0 Options

7.1
At the end of the consultation period the licensing authority must hold a hearing. It must take such steps as it considers appropriate for the promotion of the licensing objectives, which are: 
- the prevention of crime and disorder; - public safety; - the prevention of public nuisance; and, - the protection of children from harm. 
The steps the Sub-Committee can take are to: 

- reject the application; - grant the licence subject to modifying the conditions of the 
licence, excluding the mandatory conditions, (a condition is modified if it is altered or omitted or any new is condition added);
- refuse to specify an individual as a designated premises 
supervisor; or
- exclude from the scope of the licence any of the licensable 
activities to which the application relates.

## 8.0 Policy Considerations

8.1
Statement of Licensing Policy
8.2
s.182 Guidance Licensing Act 2003
Section 9 gives guidance for determination of this application. Sections 8 & 10 highlight the elements of the Guidance that are most relevant with respect to this application. This is not exhaustive and guidance should be considered fully prior to making decisions with respect to applications. Officers will advise members of any specific provisions which are relevant to the issues raised at the hearing.

## 9.0 Committee

Each application must be considered on its own merits and any conditions attached to licences and certificates must be tailored to the individual style and characteristics of the premises and events concerned. This is essential to avoid the imposition of disproportionate and overly burdensome conditions on premises where there is no need for such conditions. Standardised conditions should be avoided and indeed, may be unlawful where they cannot be shown to be necessary for the promotion of the licensing objectives in any individual case.

| Appendix No                                    | Title   |
|------------------------------------------------|---------|
| A.                                             |         |
| B.                                             |         |
| C.                                             |         |
| D.                                             |         |
| E.                                             |         |
| Application & Conditions of Operating Schedule |         |
| Public Notice                                  |         |
| Representations                                |         |
| Agreed EH conditions                           |         |
| Premises Plan and Location map                 |         |
| Louise Faulkner                                | Report  |
| Author                                         |         |
| Licensing Team Leader                          |         |

## Appendix A - (Section 1 Contains Restricted Personal Data) Appendix B Appendix D - Environmental Health Agreed Conditions

From: Louise Marshall Sent: 23 August 2019 12:25 To: 'Frank Fender' <frank@fjflicensingsolutions.co.uk> Subject: RE: Bar Cafe Milano Dear Frank Further to your email I confirm that 2000hrs will be acceptable. I will confirm with our Licensing Team that the conditions you suggested on the original application under the heading Public Nuisance should be included on the licence but I will amend the times from 21:00hrs to 20:00hrs. As I think you are aware, the situation regarding permission to use the external area is being investigated by colleagues here so this may ultimately affect the use of this area as part of the licence. Please let me know if you need any more information. Kind regards, Louise

## Louise Marshall | Senior Environmental Health Officer

01604 837661 Customers and Communites | Northampton Borough Council | The Guildhall | St Giles Square | Northampton| NN1 1DE | 0300 330 7000
From: Frank Fender [mailto:frank@fjflicensingsolutions.co.uk] Sent: 16 August 2019 10:21 To: Louise Marshall <lmarshall@northampton.gov.uk> Subject: Re: Bar Cafe Milano

## Good Morning Louise

I have discussed the proposed use of the outside area of the premises with my client. You are correct when you say that I was probably not aware that the land at the rear of the premises is owned by the Council. I discussed this with my client, and he told me that the landlord of the property had been communicating with the council and apparently gave permission for it's use. My client has not been in any discussion with the council, it was all down to the landlord. In any event, I am sure the council will make the necessary contact in respect of its use, and hopefully a satisfactory arrangement will follow. In relation to your proposal about the outside area not being used after 1800 hrs instead of the applied for 2100 hrs, to prevent a nuisance, my client advises that the residents of the properties at the rear of his cafe create much noise themselves, and that he does not believe that the customers of his cafe would add to any nuisance that already exists. He would therefore ask that instead of 2100 hrs, would you be agreeable to 2000 hrs? Obviously the use of this area would be seasonal - no-one is going to sit outside in the winter months, and he believes 2000 hrs would be more appropriate if you are against the 2100 hrs. Please let me know if this can be agreed. Kind regards Frank ---
Frank Fender FJF Licensing Consultants

## Appendix E