Agenda and draft minutes

Venue: Online meeting via Microsoft Teams

Contact: Sarah Wilson - Committee Services  Email: sarah.wilson@reading.gov.uk

Note: If you wish to observe this meeting please contact: sarah.wilson@reading.gov.uk 

Items
No. Item

1.

Minutes pdf icon PDF 13 KB

To confirm the Minutes of the meetings of Licensing Applications Sub-Committee 2 held on 10 November 2020 and 19 November 2020 as a correct record.

Additional documents:

Minutes:

The Minutes of the meetings of Licensing Applications Sub-Committee 2 held on 10 November 2020 and 19 November 2020 were confirmed as a correct record.

 

2.

Application for the Grant of a Premises Licence - Oxford Road Supermarket, Oxford Road, Reading pdf icon PDF 142 KB

To consider an application for the grant of a Premises Licence in respect of Oxford Road Supermarket, 267-271 Oxford Road, Reading RG1 7PY.

Additional documents:

Minutes:

The Head of Planning, Development and Regulatory Services submitted a report on an application by Oxford Road Supermarket Ltd for the grant of a Premises Licence in respect of Oxford Road Supermarket, 267-271 Oxford Road, Reading, RG1 7PY.

The report stated that there was currently no licence in force at the premises and the application was for the grant of a Premises Licence to permit the following licensable activities:

Sale by Retail of Alcohol (off the premises)

Monday to Sunday             0700 hours until 0000 hours

Hours the Premises are open to the Public

Monday to Sunday             0700 hours until 0000 hours

A copy of the application form was attached to the report at Appendix DF-1.

During the 28 day consultation period for the application, representations had been received from Reading Borough Council, Thames Valley Police and Oxford Road Safer Neighbourhood Forum.  The representations were attached to the report at Appendix DF-2, DF-3 and DF-4 respectively.

The report stated that in considering representations received, the Licensing Authority had a duty to carry out its functions with a view to promoting the four licensing objectives, as follows:

·       The prevention of crime and disorder

·       Public safety

·       The prevention of public nuisance

·       The protection of children from harm

The report stated that any conditions placed on the premises licence should be appropriate and proportionate with a view to promoting the licensing objectives and that the Licensing Authority could grant the application as applied for, modify or refuse an application should it be deemed appropriate for the promotion of the licensing objectives.

The report set out paragraphs 1.2-1.5 and 8.41-8.49 from the Secretary of State’s guidance issued under Section 182 of the Licensing Act 2003 (April 2018) and paragraphs 3.1, 3.2, 5.6, 5.7, 6.1, 6.2, 6.11-6.18, 10.1 and 10.3 from the Council’s Statement of Licensing Policy (2018).

Dan Fundrey, Licensing Enforcement Officer from Reading Borough Council, attended the meeting and presented the report.

The applicant, Oxford Road Supermarket Ltd, was represented by Jon Payne, Licensing Lawyers, who addressed the Sub-Committee on the application and responded to questions.  Dana Hama Marad, the Director of the company and Designated Premises Supervisor, also attended the meeting.

Peter Narancic, Senior Licensing Enforcement Officer, Reading Borough Council, and Simon Wheeler, Thames Valley Police, were both present and addressed the Sub-Committee on their representations regarding the application as stated in the report.

Proposed amended licence conditions had been presented by the applicant, and by Thames Valley Police at the meeting.

Resolved -

(1)      That, in order to promote the four licensing objectives and having regard to the oral and written representations made, the Secretary of State’s guidance as set out in the report and the Council’s Statement of Licensing Policy as set out in the report, the application in respect of Oxford Road Supermarket, 267-271 Oxford Road, be granted as follows:

Sale by Retail of Alcohol (off the Premises)

Monday to Sunday                                 0700 hours until 0000 hours

(2)      That the premises be open to the public as follows:

Monday to Sunday  ...  view the full minutes text for item 2.

3.

Application for the Review of a Premises Licence - Butts Convenience Store, Oxford Road, Reading pdf icon PDF 122 KB

To consider an application for the review of a Premises Licence in respect of Butts Convenience Stores, 205 Oxford Road, Reading RG1 7BX.

Additional documents:

Minutes:

The Head of Planning, Development and Regulatory Services submitted a report on an application by Thames Valley Police for the review of a Premises Licence in respect of Butts Convenience Stores, 205 Oxford Road, Reading, RG1 7BX.

 

The report stated that Thames Valley Police had submitted the application for the review of the Premises Licence due to concerns that the premises was failing to promote the licencing objectives via insufficient measures to ensure due diligence and compliance with the conditions in place on their licence.  This had led to staff working at the premises without proof of their right to work or any training given on the sale of alcohol or the licensing objectives.  A copy of the review application form and appendices were attached to the report at Appendix LIC-1.

During the 28 day consultation period for the application, representations had been received from Reading Borough Council, which were attached to the report at Appendix LIC-2.

A copy of the Premises Licence was attached at Appendix LIC-3, which authorised the following licensable activities:

Sale of Alcohol by Retail (Off the Premises)

Monday to Saturday           0800 hours until 2300 hours

Sunday                              1000 hours until 2230 hours

Good Friday                       0800 hours until 2230 hours

Christmas Day                   1200 hours until 1500 hours and 1900 hours until 2230 hours

Additional information was also supplied by Thames Valley Police.

The report stated that in determining the review application the Licensing Authority had a duty to carry out its functions with a view to promoting the four licensing objectives, as follows:

  • The prevention of crime and disorder
  • Public safety
  • The prevention of public nuisance
  • The protection of children from harm

The report further stated that in determining the application the Licensing Authority must also have had regard to the representations received, the Licensing Authority’s statement of licensing policy and any relevant section of the statutory guidance to licensing authorities.  Furthermore, in determining the application, the Licensing Authority could take such of the following steps as it considered appropriate and proportionate for the promotion of the licensing objectives:

  • Take no further action
  • To issue formal warnings to the premises supervisor and/or premises licence holder
  • Modify the conditions of the licence (including, but not limited to hours of operation of licensable activities)
  • Exclude a licensable activity from the scope of the licence
  • Remove the designated premises licence supervisor
  • Suspend the licence for a period not exceeding three months
  • Revoke the licence

(Where the Sub-Committee took a step mentioned in the third and fourth bullet points above it may provide that the modification or exclusion was to have effect for a period not exceeding three months or permanently).

The report set out paragraphs 11.19, 11.20, 11.22 and 11.23 from the Secretary of State’s guidance issued under Section 182 of the Licensing Act 2003 (April 2018) and paragraphs 1.6, 3.2, 5.13, 6.1, 6.5, 9,1, 9.2, 9.15 and 9.16 of the Council’s Statement of Licensing Policy (2018).

Dan Fundrey, Licensing Enforcement Officer from Reading Borough Council, attended the meeting and  ...  view the full minutes text for item 3.