Decision Outcome
That the application by Brekkie & Burger Co Ltd for a premises licence in respect of Brekkie & Burger Co, 180 High Street, Deritend, Birmingham, B12 0LD BE REFUSED.
In reaching this decision, the Sub-Committee was mindful of the promotion of the Licensing Objectives in the Act, particularly the prevention of crime and disorder, public safety and the prevention of public nuisance.
The Sub-Committee's reasons for refusing this application for a premises licence are due principally to the fact that the premises is located within a Cumulative Impact Zone, namely Digbeth and the proposed application did not justify a departure from policy.
The Sub Committee carefully considered the Operating Schedule put forward by the applicant, and the likely impact of the application. The Sub-Committee also gave consideration to whether any measures could be taken to ensure that the four licensing objectives were adequately promoted and that therefore, the licence could be granted.
They noted in particular that the applicant was prepared to bring forward the time for ending alcohol sales to 2130 hours (not 2300 hours as the application form had originally requested), and had also offered to lock the gate to the car park whilst alcohol was on sale. The applicant’s legal representative also reminded the Members that it was open to them to decline to allow “off sales” if they felt it necessary to impose a stricter condition, to ensure that alcohol would only be consumed inside the premises.
However Members considered that modifying the conditions of the licence would still not mitigate the concerns raised by those making representations at the meeting, who were local residents.
The local residents described in detail the problems of nuisance, anti-social behaviour and crime & disorder which they had witnessed in the immediate vicinity, and also in that part of Digbeth generally. It appeared that much of this nuisance behaviour was alcohol-fuelled, due to the high concentration of licensed premises that are a known feature of the Digbeth area. The Sub-Committee accepted of course that such problems were not the fault of the applicant, as the premises was currently a café, and was therefore serving food only, not alcohol; notwithstanding that, the Sub-Committee was looking for reassurance that the proposed operation would not add to the alcohol-fuelled problems already being experienced.
However after hearing the submissions relating to the proposed operation, and examining the photographs, the Sub-Committee felt that the considerations relating to the Cumulative Impact aspect meant that the correct course was refusal. The applicant described the premises as a ‘posh café’; the objectors considered it to be a ‘greasy spoon’. The photographs did not particularly confirm that the premises were a ‘posh café’.
Local residents said that they were already disturbed by noise and cooking smells from the premises, even though it currently closed at 1500 hours; they were worried about the proposal that the operating hours should be extended into the evenings. Local crime and disorder had included an arson attack and two shootings, as well as the more general issues of noise and shouting. Furthermore, there was a preponderance of hostels/ charitable organisations in the area, catering to vulnerable people including those with alcohol problems, and the 0700 hours start time was therefore another concern.
The objectors stressed that local residents and business users wanted to feel safe in Digbeth. The Sub-Committee felt that to add further licensed premises to the Cumulative Impact Zone would have an impact and should therefore be refused. A burger café offering alcohol was not the type of premises justifying a departure from policy.
The Sub-Committee has given due consideration to the City Council’s Statement of Licensing Policy, the Guidance issued under Section 182 of the Licensing Act 2003 by the Secretary of State, the information contained in the application, the written representations received and the submissions made at the hearing by the applicant, their legal representative and by those making representations.
All parties are reminded that under the provisions contained within Schedule 5 to the Licensing Act 2003, there is the right of appeal against the decision of the Licensing Authority to the Magistrates’ Court, such an appeal to be made within twenty-one days of the date of notification of the decision.