Agenda item

Licensing Act 2003 - Application for the Grant of a Premises Licence in respect of Clifftop Cafe, 111A Old Dover Road, Capel-le-Ferne, Folkestone

The Sub-Committee is requested to determine the application.


The following papers are attached:


(i)         Licensing Manager's report

(ii)        Appendix A – Application and plan

(iii)       Appendix B – Map of the area

(iv)       Appendix C – Copy of representations

(v)        Appendix D – Copy of supporting emails


The procedure to be followed by the Sub-Committee is attached to this agenda.



The Sub-Committee considered an application for the grant of a premises licence in respect of Clifftop Café, 111A Old Dover Road, Capel-le-Ferne, Folkestone. The application was for:


Supply of Alcohol (for consumption ON the premises)


Every Day

12:00 – 20:00 hrs


The following documentary evidence and/or other information was taken into account by the Sub-Committee:


(i)          The Licensing Manager’s report including, the options available to the Sub-Committee


(ii)         Application from Jacob Hackett for the grant of a premises licence and plan (appendix A of the agenda)


(iii)       Map of the area (appendix B of the agenda)


(iv)       Representation from Other Persons (appendix C of the agenda)


(v)        Copy of supporting email (appendix D of the agenda)


On the basis of the representations of the applicant, their representative and the written representations from Other Persons, the Sub-Committee found the following facts to be established:


(i)          The application from Jacob Hackett (owner and designated premises supervisor), supported at the hearing by Timothy Hackett, his father and co-owner, was for the grant of a premises licence at Clifftop Café, 111A Old Dover Road, Capel-le-Ferne, Folkestone. The application sought the supply of alcohol for consumption on the premises every day from 12:00 to 20:00 hrs. The opening hours of the premises every day being from 09:00 to 20:00 hrs.


(ii)         During the consultation process three representations objecting to the application were received from Other Persons and one representation supporting the applicant however stating the sale of alcohol should end at 18:00 hrs. One of the objectors requested an additional statement to be read. This was presented by the Licensing Manager.


(iii)       The Sub-Committee noted and took into account all of the written representations including, four representations in support.


(iv)       The Sub-Committee heard from Timothy Hackett that he and Jacob Hackett had recently bought the business and locals and dog walkers would like a drink in the evening. Mr Timothy Hackett stated that the venue was likely to close at 19:30 hrs, serving drinks from 16:00 hrs however, they had requested a premises licence from 12:00 to 20:00 hrs and there was no issue of anti-social behaviour from the local pubs so he did not believe there would be any as a result of selling alcohol from this premises.


(v)        It was explained to the Sub-Committee by the applicant that they needed to move the business along for it to succeed so it was proposed to sell pizza, ice cream and drinks including, craft beers in the evening at tables outside. In essence doing what the venue had done previously but with alcohol and extended hours.


(vi)       The Sub-Committee heard that the premises had been open since Timothy Hackett and Jacob Hackett purchased the venue. It was currently open 10:00 to 16:00 hrs and had been for about 3 ½ weeks. The plan was to be seasonal, finishing in October and reopening in February.


(vii)     The Sub-Committee questioned whether there was CCTV. The applicant confirmed there was, and it was connected to his mobile phone.


(viii)    The Sub-Committee also enquired as to the applicant’s experience with other establishments. The applicant confirmed he did have previous experience.


(ix)       When asked by the Sub-Committee how the applicant planned to control people, it was explained by the applicant that he had experienced that if the car park was full, people move on. Likewise, if there were no seats available, people move on as there was no standing area. The venue had a capacity for 24 people inside the premises. There were 10 tables outside. There would be no-one inside the premises from 15:30 hrs. It was proposed alcohol would be served outside although, the proposed licensable area included the patio as well as the inside perhaps to be used on a wet day.


In reaching its findings the Sub-Committee had taken into account the following:


(i)          Dover District Council’s Licensing Policy


(ii)         The Licensing Act 2003 and in particular the guidance given under Section 182 of the Act


(iii)       Article 6 of the Human Rights act (Right to a fair trial)


(iv)       Section 17 of the Crime and Disorder Act 1998 (Duty to consider crime and disorder implications)


RESOLVED:   That the application for the grant of ap premises licence in respect of Clifftop Café, 111A Old Dover Road, Capel-le-Ferne, Folkestone be GRANTED as applied for.