The Deputy Director of Planning, Transport and Regulatory Services submitted a report on an application for the grant of a Premises Licence in respect of Tortilla, Unit 1, 4-6 Broad Street, Reading RG1 2BH.

The report stated that the application was for the grant of a premises licence to permit the following licensable activities:

Hours for the Sale of Alcohol (On and Off the premises)

Monday to Sunday                           1000 hours until 0000 hours

Provision of Late-Night Refreshment

Monday to Sunday                           1100 hours until 0000 hours

Opening Hours

Monday to Sunday                           0800 hours until 0030 hours.

The report explained that Planning Permission for A3 use of the premises had been granted, with the permitted hours of operation set at 0800 to 2300 hours.  A copy of the Planning Permission was attached at Appendix RS1.

A copy of the licensing application form was attached to the report at Appendix RS2.  Reading Borough Council had submitted a list of additional conditions to be attached to the Premises Licence, and these were attached to the report at Appendix RS3.  Condition 15 included an undertaking by the applicant not to operate beyond the current permitted hours until such time as an extension to the hours set out in the Planning Permission had been applied for and granted.

The report stated that during the 28-day consultation period, one representation had been received from a neighbouring premises, which was attached to the report at Appendix RS4.  The applicant had submitted a response to the objector via email and a copy was attached to the report at Appendix RS5.

The report stated that in determining the 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 also 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 (subject to appropriate conditions to promote the licensing objectives), amend, alter or refuse an application should it be deemed appropriate for the promotion of the licensing objectives.  The Council’s Licensing Policy also placed an onus on applicants who wished to open past 2300hrs to demonstrate how they would mitigate the issues of crime and disorder and potential public nuisance.  It was felt that the list of additional conditions, which had been agreed by the applicant, would mitigate these issues.

The report set out paragraphs 3.1, 3.2, 5.6, 5.7, 6.1, 6.2, 6.5, 6.24, 6.25, 10.1 and 10.3 of the Council’s Statement of Licensing Policy.  The report also set out paragraphs 1.2 to 1.5 and 8.41 to 8.49 from the Secretary of State’s Guidance to the Licensing Act 2003 issued in April 2018.

Mr Jack Spiegler of Thomas & Thomas Solicitors, the solicitor for the Applicant, and Mr Rob Lucy, Property Director of Mexican Grill Ltd, the applicant, were present at  ...  view the full minutes text for item 2.