Agenda item

Host Coffee, 31 Henrietta Street, WC2 (“The Premises”)

17/06102/LIPN

1.

Recorded Music: Indoors

Amendments to application advised at hearing:

None.

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

The Sub-Committee had received an e-mail from Mr Brown prior to the hearing on behalf of Mrs Campin.  This had been forwarded to all parties to the hearing.  In the e-mail dated 31 July 2017, it was stated that ‘Ms Campin checked on numerous occasions for the statutory blue notice advertising the application in the window of the Premises, but did not see it at all during the consultation period’.  Mr Brown explained to the Sub-Committee that this matter had been raised in the e-mail because Mrs Camplin had been concerned that other local residents may have objected to the application had it been correctly advertised.

It became clear, as accepted by Mr Thomas, that the Applicant had not displayed the statutory blue notice in the window during the consultation period.  The Licensing Service was able to provide clarification that the Applicant had been advised in an e-mail dated 6 June 2017 that ‘in addition to advertising in a local paper the regulations require the Applicant to display a notice at the Premises in the prescribed form.  Failure to do so will invalidate your application’.  Further information could be obtained from a link on the Council’s website which advised that ‘for new, provisional statements or full variation applications a notice must be displayed on the premises for 28 days starting from the application date‘.  The public notice template on the website sets out that the ‘Display Notice must be on A4 paper, in Font 16 and be light blue in colour’. 

The Sub-Committee, taking into account advice from the Legal Advisor considered that the application was invalid as the statutory blue notice had not been displayed at the Premises for the 28 day consultation period as required by the regulations.  Failure to display the notice had the potential to disadvantage those persons who may have wished to object to or support the application.  The Licensing Sub-Committee was advised that the Licensing Service provided the relevant information to assist applicants, including in this instance.  There was no obligation on the part of the Licensing Authority to check whether applicants had put the statutory blue notice in the window.  It was the sole responsibility of the Applicant. 

It would now be necessary for the Applicant Company to re-apply in the event that a premises licence was sought.  

2.

Sale by retail of alcohol (On and Off)

Amendments to application advised at hearing:

None.

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

The application was invalid (see Section 1).

3.

Hours premises are open to the public

Amendments to application advised at hearing:

None.

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

The application was invalid (see Section 1).