New dessert cafe in Derby to say open until 2am despite petition

Controversial plans for a new dessert café on a Derby city centre street have been allowed after they were “scaled back” following an application error. But residents living near Liversage Street, within the city’s newest multimillion-pound housing estate, say they still have concerns over noise.

Fears were raised from residents in the new Castleward estate that a new late-night dessert café could trigger more problems in the area after previous issues with anti-social behaviour. A petition against the licence signed by 30 residents was submitted to Derby City Council.

The application from owners MS Delights Ltd initially called for opening hours between 10am and 2pm Monday to Sunday, prompting fears the premises could be rowdy in the late hours, disrupting sleep. There is no intention for the café to sell alcohol.

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However, when the licensing hearing was held on Thursday, November 21, it was heard how the applicant had made an “error” in the application form about the intended opening hours. The intended opening hours are actually between 10am and 11pm – but with a late-night delivery operation after closing. Supplying hot food and drinks after 11pm is a licensable activity and needs a licence from a council or local authority.

Nick Semper, the applicant’s legal adviser, told councillors: “He (the applicant) made a fateful mistake in that he indicated in the application that he would be opening to the public until 2am. He actually didn’t mean that.

“He assumed he would be serving desserts to the public at night but actually the public will not have access to the premises after 11pm anyway. Whereupon the café element of the business will close, a delivery-only operation will commence.”

The applicant was asked by the licensing sub-committee panel (made up of three Derby councillors) about any impact delivery drivers would have in the area. Councillors were told most couriers picking up items would be on bicycles.

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However, despite the error, residents said the new cafe’s delivery option after 11pm would still cause a noise nuisance. Gary Gillespie told the meeting: “Fundamentally this will increase the noise in the area significantly. (The area) doesn’t have any food traffic or any late-night noise.

“We are going to have delivery vehicles which they have no control over. There is no noise management plan for that. And there is no evidence of how the noise from the property that will be operating into the late hours will be restricted to a level that is acceptable.”

Derby City Council granted the late-night licence to supply food between 11pm and 1am Sunday to Thursday and 11pm to 2am on Fridays and Saturdays. It means a delivery-only operation can take place after the café closes at 11pm.

It’s decision notice said: “The initial application related to a licence for the sale by retail of alcohol. However, the application before the General Licensing Sub Committee (GLSC) was significantly scaled back and only related to the selling of desserts, by home delivery, for consumption off the premises. The products offered for sale being milkshakes, gateaux, cakes, ice-creams, cookie dough, waffles, tea and coffee). Public access to the premises was also not sought by the applicant.

“Assurance was given that any risk of noise nuisance made in the course of food preparation and disposal of waste would be done during normal working hours and reiterating that as the premises would not be open to the public after 2300 hours there was no risk of noise nuisance from patrons during the hours for which a premises licence was sought.”

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