new coffee shop opening below me now applied for alcohol licence

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    new coffee shop opening below me now applied for alcohol licence

    Hi not sure if anyone can advise here. A former bank that was below my flat got planning permission approved to convert into a coffee shop (planning app showed 8am - 5pm 7 days a week) didnt mind so much then, for the last year whilst they are renovating its just been hell living above... when the planning was approved our flat was rented, so when we moved back in the work had already started. I can not see any party wall agreements online, not sure if they would be or not. No major issues, a few cracks have appeared either from wear and tear or from the building work i dont know.

    After a year of work we got a change of planning so they would be open 7am - 9pm every day. We questioned them why they would be so late and they just said it would be quiet and just a coffee shop and a deli area and that they would not be making food (they are due to be opening a restaurant/bar 3 shops away and the planning notice on that shop window says "sale of application for sale of alcohol on the premises and late night refreshments" if you want to comment do it by...... ).

    So the later hours was approved by the council saying it would not be a nuisance. (btw they currently have a A3 Licence) and as per above a notice of planning has gone on the coffee shop below saying they have applied for a alcohol licence ("for the sale of alcohol on and off the premises"). I am not sure if this is just say for the deli where they may be selling italian wines, or if this means it would be able to be drunk on the premises, turning it into a bar, (now or later)

    For us now having potentially a bar will be a total nightmare from noise and people outside our flat.

    Just wondering if they apply for this alcohol licence (is it normal to specify on and off the premises?) also can they then apply for later hours of opening and would A3 be easy to change to A4? be allowed to make food or serve alcohol as well as well it.

    This will of course I am sure negatively effect my house price by having a bar/restaurant directly below our flat.

    I want to contact the neighbours and try and put a stop to it but not sure what to do and if it would even make a difference.

    It doesnt say they are applying for change of use or extended hours yet but why would a coffee shop want alcohol licence, and would it do anything to request a copy of party wall agreement or no point?

    I know it sounds very rambled and more venting but just mad about this, the way it was carried out and having a bar below us!

    Anyone with thoughts would be greatly appreciated :-)

    Sandy

    #2
    Having a bar/restaurant below your property will seriously affect value and the potential of buyers getting a mortgage. Anywhere with a kitchen is a major fire risk - as lenders see things.

    Do submit an objection to the council and if at all possible get other locals to write in separately as well. Get an action group together, contact your local councillor and attend the relevant council meetings to put your case.

    Once these licences are granted they are difficult to get rescinded. If owner already has licence premises nearby argue it is detrimental to the area to have another.

    I'm not sure where you are going with the party wall agreement but start by galvanising local objections now.



    Freedom at the point of zero............

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      #3
      Hi thank you for taking time to share your advice, I really appreciate it and it makes sense. I will do that for sure. With the party wall I always thought if you were doing building work like this (they are ripping the place out downstairs and redoing) and at times there was so much banging from downstairs that my cup of tea fell off the table from the banging and vibration. I thought this going on for a year surely it would be doing some damage to my flat and thought it was normal to do this agreement (when we did some work in the flat I got one with my neighbours) maybe its not compulsory?

      Also would you know if on the application they have put for the sale of alcohol on and off the premises, does that only allow sale like you would buy in a shop or would that also allow them to serve?

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        #4
        You need to watch what they apply for next! They may eventually get longer hours and late opening and booze/music licence til all hours if you don't raise opposition to it as soon as possible. It seems that bar operators use a creeping change method of getting what they want for their businesses.

        I have a bar nearby that although it has planning restrictions on noise, opening hours (limited to 11PM), use of outside balcony (limited to 1030PM), etc, managed to get an alcohol and music licence until 2AM! They then applied to get the planning restrictions off so that it matched their booze/music licence!

        Luckily we raised a rumpus and were supported by the police and so no change was allowed. But they still have a late booze/music licence but can't stay open to use it.

        There seems to be a major disconnect between planning and licensing departments in our city.

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          #5
          Hi, thank you so much for your advice. I am going to get on the case tomorrow. Really appreciate your comments.

          Thanks

          Sandy

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            #6
            I'd say the general lessson here is to own the shop as well, if at all possible.

            ML
            Refer Mad Regulators to Arkell vs Pressdram.

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              #7
              get your local councillor to call it in to planning committee - residents will then have a chance to speak. Otherwise it is decided by an officer.
              Unshackled by the chains of idle vanity, A modest manatee, that's me

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