The report of the Director of Building, Planning Control and Licensing is enclosed.

Consideration was given to a report of the Director of Planning, Building Control and Licensing regarding an application for a New Premises Licence.

The Hearing Panel considered the written papers, oral representations of all parties as well as the relevant legislation. The Hearing Panel noted that the applicant themselves were not in attendance and that the applicant had appointed a representative to speak on their behalf.

The applicant’s representative explained that the premises was a family business operating as a café and restaurant and that the application was to enable customers to have a glass of wine or beer with their meal. The representative stated that the hours applied for were reasonable and further explained to the Hearing Panel that the business was struggling and the licence would help to boost profits.

A representative from Greater Manchester Police (GMP) addressed the Hearing Panel and mentioned numerous incidents of Public Nuisance in the locality arising from sales of alcohol in other, similar premises. GMP told of drunken patrons spilling out onto the street from other licenced cafes/restaurants who were abusive to passers-by, on occasion behaving violently and, in some cases, openly urinating in the street. GMP felt strongly that the amount of these type of problems already prevalent in the area would only be exacerbated by agreeing for this premises to have an alcohol licence as well.

A representative from Licensing Out Of Hours (LOOH) addressed the Hearing Panel and informed them that there had been previous incidents at the premises whereby alcohol had been sold without a Licence.

LOOH gave mention of a prior Licence Application in April 2018 explaining that the applicant had had a private party at the premises approximately one month before and there had been numerous complaints regarding antisocial behaviour by way of noise, drinking and urinating in street, which even without the sale of alcohol showed a lack of control of the premises.

Furthermore, LOOH had made a visit in April 2019 which revealed numerous crates of beer on the premises. LOOH had also noticed a number of sales slips with ‘Birra’ on them. At that time they did not have sufficient evidence to prosecute under the provisions of s136 of The Licensing Act and a warning was given.

LOOH also referred to a Late Temporary Event Notice (TEN) Application for March 2020 which LOOH had objected to. LOOH explained to the Hearing Panel that PC Braithwaite attended on a compliance visit when there were Coronavirus restrictions in place and noted that there was alcohol on the premises and signage relating to underage drinking as if the premises was selling alcohol already or preparing to sell it when there was no licence in place.

LOOH felt able to accept that mistakes can be made by business owners but without the applicant present to answer questions to support such presumptions had undermined any confidence in the applicant’s ability to uphold the licensing objectives.

Following the information presented by GMP and LOOH and taking into account the applicant’s absence meaning that no explanation could be offered on behalf of Café Kilombo, The Hearing Panel felt that the Licensing Objectives would be undermined. The Hearing Panel were certain that the previous history of incidents at the premises further removed any doubt with regard to the applicant’s capable handling of the premises and its patrons.

Decision

To refuse the application for a new premises licence.