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1 4. APPLICATION FOR PREMISES LICENCE REPORT OF: Contact Officer: Wards Affected: Key Decision Lynne Standing Paul Thornton Tel: Cuckfield Yes/No Purpose Of Report 1. To provide information in order that the Licensing committee can determine an application for a premises licence. Summary 2. An application pursuant to Section 17 Licensing Act 2003 for the grant of a Premises Licence has been made by Mr Thomas Colvill in order to sell alcohol at premises known as Toms at Nicky C, Corner House, High Street, Cuckfield, RH17 5JX. Two local residents have made objections to the application. Recommendations 3 The Committee is asked to determine the application in accordance with the Licensing Act 2003, MSDC Licensing Policy and the Home Office Guidance issued under Section 182 Licensing Act 2003, whilst having due regard to the applicant s submissions and relevant representations. Background 4. Mr Colvill applies for a premises licence pursuant to Section 17 Licensing Act 2003 at premises known as Toms at Nicky C, Corner House, High Street, Cuckfield, RH17 5JX. 4.1 The licensable activities sought are Sale by retail of alcohol for consumption on the premises Monday- Saturday Sunday The consultation period for this application ran from 4 th July to 31 st July. Notices at the premises and in a local newspaper correctly advertised the application 4.3 The premises currently operates as a retail shop selling women s clothing, shoes and jewellery items. The owners, Mr Colvill and his mother are changing some of the trading area inside to include a café with approximately 28 covers. The café area consists of two rooms, a dedicated kitchen and a very small open courtyard at the rear of the premises. Daytime it will operate as a traditional café serving hot and cold food and drink between 10am and 5pm Liquor Licensing Panel - 28 August 2014

2 4.4 One of the café rooms is in fact the Colvill s domestic kitchen, which leads directly to the outside courtyard. The intention is to provide a private dining experience in this kitchen during the evenings by way of bookings only for small groups of diners. This kitchen is separate to the kitchen area for the café. 4.5 Objections to the application have been made by two local residents. One lives opposite and one has a premises next door which is currently rented out. 4.6 Both representations cite public nuisance as their main objections. They are concerned about noise emanating from the restaurant itself; plus disturbance from customers in the courtyard area which immediately adjoins the garden next door and is overlooked by the neighbour s upstairs bedroom windows. Mr Leask refers to parking problems in the village. This subject is dealt with by the Planning Authority and not Licensing and should therefore be discounted in your determination of this matter. 4.7 I have appended photographs which show the interior and exterior of the premises. 4.8 Sussex Police has agreed a number of conditions with the applicant. If the licence is granted I request that these conditions (page 30 ) form part of the licence. 4.9 The applicant in his operating schedule has proposed a number of steps to promote the licensing objectives. These include such things as no alcohol, being displayed, and no serving bar to be present on the premises and that alcohol will only be served with food If the Committee decide to grant the application I ask that these matters are attached as conditions to the licence. The full wording of the conditions are attached at page The applicants have submitted a planning application for the premises and it s new use. This is due for determination on 28 th August This is included for information only and should have no bearing on the determination of the licensing application. Policy Context 5. The Committee must determine the matter in accordance with Section 18 (3) (b) and (4) Licensing Act Section 18 (3) (b) Where relevant representations are made the authority must having regard to any representations, take such steps as mentioned in sub section 4 as it considers appropriate for the promotion of the licensing objectives. 5.2 Section 18 (4) The steps are a. to grant the licence subject to 2

3 i) the conditions mentioned in the operating schedule, modified to such an extent as the authority considers appropriate for the promotion of the licensing objectives and ii) any condition which must, under sections 19,20,or 21( mandatory conditions) be included in the licence b) to exclude from the scope of the licence any of the licensable activities to which the application relates c) to refuse to specify a person in the licence as the premises supervisor d) to reject the application. Financial Implications 6. A decision made by the Committee is subject to appeal at the Magistrates Court by the applicant or those making representations. Equality and Customer Service Implications 7. This report concerns possible implications for the safety of children and young persons. Other Material Implications 8. None Background Papers Document Page Plan of Area 4 Photographs Front of shop and café entrance 5 Café Entrance at side of shop 6 Rear of premises showing courtyard in 7 foreground and house next door The Sanctuary Café Interior towards shop 8 Domestic Kitchen for evening dining 9 Café Interior from shop 10 Rear courtyard from kitchen door 11 Application and Plan of Premises Representations Responsible Authorities Sussex Police Representations Other Persons David Sinclair 26 Andrew Leask 27 Other Documents Composite Conditions 28 Last updated Monday, 08 August 2011

4 For internal business use only - not for distribution to the general public Crown Copyright and database rights 2013 Ordnance Survey Premises Licence Application - Nicky C Corner House Cuckfield 07/08/2014 Scale 1:850 4

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12 Part 1 Serial Number: I/We apply for a premises licence under section 17 of (Insert name(s) of applicant) the Licensing Act 2003 for the premises described in Part 1 below (the premises) and I/we are making this application to you as the relevant licensing authority in accordance with section 12 of the Licensing Act 2003 Name/s: Thomas Colvill The Premises Postal address of premises or, if none, ordnance survey map reference or description: Postcode: Nicky C Corner House High Street Cuckfield rh17 5jx Tel (at premises): Non-domestic rateable value of premises. Part 2 Please state whether you are applying for a premises licence as: an individual or individuals Please confirm: I am carrying on or proposing to carry on a business which involves the use of the premises for licensable activities 12

13 Individual Applicants Title: (e.g. Mr/Mrs) Name: Address: Postcode: Mr thomas Colvill The corner house high street cuckfield west sussex rh17 5jx Tel: I am 18 years old or over Second Individual Applicant (if applicable) Title: (e.g. Mr/Mrs) Name: Address: Postcode: mrs nicky colvill The corner house high street cuckfield west sussex rh17 5jx Tel: I am 18 years old or over 13

14 Part 3 Operating Schedule When do you want the premises licence to start? 24/07/2014 If you wish the licence to be valid only for a limited period, when do you want it to end? If 5,000 or more people are expected to attend the premises at any one time, please state the number expected to attend. Describe the premises. For example the type of premises, its general situation and layout and any other information which could be relevant to the licensing objectives. Where your application includes off-supplies of alcohol and you intend to provide a place for consumption of these off-supplies you must include a description of where the place will be and its proximity to the premises. Description: The premises is currently part A1 retail space. The proposal is to add A3 to the property to incorporate a Cafe. The Current Retail shop (nicky C) offers a unique experience where customers come to relax, chat and buy in comforting surroundings. The cafe will extend this ethos and allow them to enhance their stay with great seasonal fresh food and alcohol. The maximum number of covers in the cafe will be circa 28 people and they will be spread in two rooms and a small enclosed courtyard area. The layout of the premises lends itself well as the cafe is at the rear of the property and is secluded from sight with a separate entrance away from the high street. No neighbouring properties are joined to the cafe by party walls so noise should not be an issue. Recorded back ground music will be playing but at a minimal level. Opening hours are from 10am until 11pm offering a limited choice of alcohol to be sold and consumed on the premises only with food. Evening service is only via a private booking system only allowing one group of about 8 per night. Crime and public nuisance should be kept to a minimum through this method. The nature of the existing shop (nickyc) appeals to the the higher age bracket. Women aged These will be predominately the customers to the cafe. Underage drinking should not be a high risk but a challenge 25 scheme will be enforced. 14

15 Activities What licensable activities do you intend to carry on from the premises? (Please see sections 1 and 14 of the Licensing Act 2003 and Schedule 1 and 2 to the Licensing Act 2003) Provision of regulated entertainment a) plays b) films c) indoor sporting events d) boxing or wrestling entertainments e) live music f) recorded music g) performances of dance h) anything of a similar description to that falling within (e), (f) or (g) Provision of late night refreshment Supply of alcohol 15

16 Supply of alcohol Please indicate the standard days and timings for the supply of alcohol. Provide times using the 24 hour clock. Monday Start 10:00 Finish 23:00 Tuesday Start 10:00 Finish 23:00 Wednesday Start 10:00 Finish 23:00 Thursday Start 10:00 Finish 23:00 Friday Start 10:00 Finish 23:00 Saturday Start 10:00 Finish 23:00 Sunday Start 10:00 Finish 18:00 Where will the supplied alcohol be consumed? Indoors may include a tent. On the premises 16

17 State any seasonal variations : For example (but not exclusively) where the supply of alcohol will occur on additional days during the summer months. all year round inc bank holidays Non standard timings. Where the club intends to use the premises for the supply of alcohol at different times from those listed above, please list: For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve. State the name and details of the individual whom you wish to specify on the licence as premises supervisor. Name Address Postcode Personal licence number (if known) Issuing licensing authority (if known) This person needs to complete the form entitled 'Consent of an individual to being specified as a premises supervisor' 17

18 Open Hours Hours premises are open Please indicate the standard days and timings for premises hours. Provide times using the 24 hour clock. Monday Start 10:00 Finish 23:00 Tuesday Start 10:00 Finish 23:00 Wednesday Start 10:00 Finish 23:00 Thursday Start 10:00 Finish 23:00 Friday Start 10:00 Finish 23:00 Saturday Start 09:00 Finish 23:00 Sunday Start 09:00 Finish 18:00 18

19 State any seasonal variations : For example (but not exclusively) where the supply of alcohol will occur on additional days during the summer months. bank holidays Non standard timings. Where you intend to use the premises to be open at different times from those listed above, please list: For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve. Adult Entertainment Please highlight any adult entertainment or services, activities, or other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children. NA 19

20 Licensing Objectives Describe the steps you intend to take to promote the four licensing objectives General - all four licensing objectives (b,c,d,e): Please list here steps you will take to promote all four licensing objectives together. I will make sure that all necessary paperwork and policy statements are in place. I will make sure any staff are well trained and know all procedures. The owner/myself will be DPS Carry out risk assessments. The prevention of crime and disorder: The opening hours are reasonable with reduced hours on Sunday. Private dinner evenings mean that the cafe is only open to one group. No No alcohol will be on display. Zero tolerance on drugs Joining any local pub watch schemes if in place. Public safety: Access to the cafe is off the main high street The premises has a number of fire precaution measures Health and safety statement showing awareness and compliance. The premises is not big enough to have large group activities which might jeopardise public safety. The prevention of public nuisance: Bins are kept off the public high way and on private land No loud or disruptive evening licensable entertainment Very low, minimal background music. Limited advertising and low levels of visual alcoholic signage Alcohol is to be drunk only on the premises. Putting quiet notices up where applicable. Limited alcohol will be served. No Alcohol will be on tap. The protection of children from harm: Challenge 25 scheme Nicky C the existing shop, lends itself to older women and not groups of teenagers No open bar where alcohol can be served. Alcohol is only served with food. 20

21 Submit & Pay It is an offence, liable on conviction to a fine up to level 5 on the standard scale under Section 158 of the Licensing Act 2003, to make a false statement in, or in connection with, this application Address for correspondence associated with this application Postcode: Tel: The address provided below will receive a copy of this completed application form. Payment Amount: 21

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24 From: To: Cc: Subject: Date: on behalf of licensing; ; Ian.Vasey@sussex.pnn.police.uk Nicky C Corner House High StreetCuckfield RH17 5JX 26 June :29:38 Dear Mr Colvill Thank you for the premises licence application for Nicky C Corner House High StreetCuckfield RH17 5JX. Sussex Police do not seek to raise representaion against this application but consider the conditions below reflect and strengthen those proffered in the application making them clear, concise and enforceable. They are intended to replace those in the operating schedule with the same intent, however any additional steps identified are to be transferred onto the licence in accordance with the Local Authority Licencing Authority's interpretaion. Please can you confirm in writing to this office, including a copy to Midsussex District Council, that you accept these conditions being attached to the premises licence Protection of Children from Harm The premises will operate an age verification policy set at a minimum of 25 years, whereby any person attempting to buy alcohol who appears to be under 25(or the age set by the policy) will be asked for photographic ID to prove their age. The only form of ID that will be accepted are passports, driving licences with a photograph or Citizen card or validated proof of age cards bearing the PASS mark hologram. The list of approved ID may be amended or revised subject to prior written agreement with Sussex Police. Signage advertising the Challenge policy will be displayed in prominent locations in the premises All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive full training pertinent to the Licensing Act, specifically in regard age-restricted sales, and the refusal of sales to persons believed to be under the influence of alcohol or drugs. Induction training must be completed and refresher training thereafter at intervals of no more than 12 twelve weeks. All restricted sales training undertaken by staff members shall be fully documented and signed by the employee and the DPS. All training records shall be made immediately available upon request to the Local Authority Licensing Officers and Sussex Police Licensing Officers. A written record of those authorised to make sales of alcohol shall be kept. This shall be endorsed by the DPS with the date such authorisation commences. This shall be made available immediately upon request to the Local Authority Licensing Officers and Sussex Police Licensing Officers Prevention of Public Nuisance The premises shall at all times maintain and operate a sales refusals log and an incident log will be kept on the premises to record all refusals and incidents of crime or disorder Alcoholic drinks shall not be removed from the premises in opened containers other than to patrons of the restaurant seeking to take away a partially consumed bottle of wine. The supply of alcohol will cease 20 minutes prior to the closure of the premises The Premises shall be an active member of a Pubwatch Scheme or similar Group where there is one in operation Alcohol supplied for consumption on the premises may only be consumed as an ancillary to food. 24

25 If you wish to discuss any matter raised in this please do not hesitate to contact this office on the number below or via this account. Your sincerely Pauline Giddings Divisional Licensing Officer Neighbourhood Licensing Team West Sussex Telephone 101 Ext Sussex Police? Serving Sussex You can report crime and incidents online at We want to know your views? see what?s new and give us your feedback and suggestions at If you have received this message in error, please contact the sender as soon as possible? you may not copy it, or make use of any information contained in it for any purpose, or disclose its contents to any other person. Messages sent and received by Sussex Police are not private and may be the subject of monitoring. 25

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27 From: David Sinclair To: licensing Subject: Tom at Nicky C, Corner House, High Street Cuckfield RH17 5JX Date: 31 July :48:32 David Sinclair The Old Clockmakers High Street Cuckfield RH17 5JX Dear Licensing Officer I am writing to oppose the licensing applicaation Thomas Colvill at Nicky C The only windows I have in the first floor residental part if my property face the Corner House and are between 8-10 metres away These rooms are my bedroom and living roomand in very close proximity. This property is Grade II listed and thus there is no double glazing as I like to sleep with the windows open there will be an increase in noise pollution from the proposed licensing as the proposal is from 10am to 11pm Monday to Saturday and 9am to 6pm on Sunday.This will create a public nuisance and diturbance to me personally and may have a detrimental effect on my sleep pattern On the grounds that I have specified the application should be refused. Please consider the facts that I have stated Yours Sincerely David A G Sinclair 27

28 Conditions to be added from the Operating Schedule 1. There will not be a counter area or anything resembling a bar from which alcohol can be served. 2. No alcohol will be displayed in the café part of the premises. 3. Alcohol will only be served to people who have purchased food from the cafe for consumption on the premises. Conditions from Sussex Police 4. The premises will operate an age verification policy set at a minimum of 25 years, whereby any person attempting to buy alcohol who appears to be under 25(or the age set by the policy) will be asked for photographic ID to prove their age. 5. The only form of ID that will be accepted are passports, driving licences with a photograph or Citizen card or validated proof of age cards bearing the PASS mark hologram. The list of approved ID may be amended or revised subject to prior written agreement with Sussex Police. 6. Signage advertising the Challenge policy will be displayed in prominent locations in the premises 7. All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive full training pertinent to the Licensing Act, specifically in regard age-restricted sales, and the refusal of sales to persons believed to be under the influence of alcohol or drugs. Induction training must be completed and refresher training thereafter at intervals of no more than 12 twelve weeks. All restricted sales training undertaken by staff members shall be fully documented and signed by the employee and the DPS. All training records shall be made immediately available upon request to the Local Authority Licensing Officers and Sussex Police Licensing Officers. 8. A written record of those authorised to make sales of alcohol shall be kept. This shall be endorsed by the DPS with the date such authorisation commences. This shall be made available immediately upon request to the Local Authority Licensing Officers and Sussex Police Licensing Officers 9. The premises shall at all times maintain and operate a sales refusals log and an incident log will be kept on the premises to record all refusals and incidents of crime or disorder 10. Alcoholic drinks shall not be removed from the premises in opened containers other than to patrons of the restaurant seeking to take away a partially consumed bottle of wine. 11. The supply of alcohol will cease 20 minutes prior to the closure of the premises 12. The Premises shall be an active member of a Pubwatch Scheme or similar Group where there is one in operation 28