Agenda and minutes

Venue: Council Chamber, Civic Offices, Bridge Street, Reading, RG1 2LU

Contact: Julie Quarmby - Committee Services  Email: julie.quarmby@reading.gov.uk

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

Items
No. Item

12.

Application for the Review of a Premises Licence - KB Superstores, Oxford Road, Reading pdf icon PDF 202 KB

To consider an application for the review of a Premises Licence in respect of KB Superstores, 337-339 Oxford Road, Reading, RG30 1AY.

Additional documents:

Minutes:

The Head of Planning, Development and Regulatory Services submitted a report on an application by Thames Valley Police (TVP) for the review of a Premises Licence in respect of KB Superstores, 337-339 Oxford Road, Reading, RG30 1AY.

On 3 October 2020 TVP had requested a review of the Premises Licence due to serious concerns that the Premises Licence Holder (PLH) was failing to support the licensing objectives via insufficient measures to ensure due diligence and compliance with the conditions in place on their licence. This included concerns regarding staff training and the sale of high strength alcohol in the area of Oxford Road. Reading Borough Council’s Licensing Team and TVP had undertaken inspections of the premises over the last three years which had shown identified holistic shortcomings, leading to a failure to promote the four licensing objectives.

A copy of the current premises licence, which had been transferred to the current owner on 28 July 2017, was attached to the report, together with a copy of the review application and appendices received.  

During the 28-day consultation period representations had been received from Reading Borough Council’s Licensing Team and the Chair of Oxford Road Safer Neighbourhood Forum. Their comments were attached to the report.

Reading Borough Council’s Licensing Team was of the view that the failures of the PLH needed to be addressed. TVP and Reading Borough Council’s Licensing Team considered that the appropriate and proportionate step to be taken was the modification of the conditions of the premise licence as a replacement for all the current non-mandatory and Licensing Act 1964 conditions.  

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 statutory 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 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 steps as it considered appropriate and proportionate for the promotion of the licensing objectives.

The sub-committee had regard to all relevant sections of the Secretary of State’s Guidance (April 2018), Reading Borough Council’s Statement of Licensing Policy (2018) and case law, as stated in the report.

The Sub-Committee received oral representations at the meeting from the following parties:

·         Simon Wheeler, Thames Valley Police

·         Peter Narancic, Senior Licensing and Enforcement Officer

·         William Donne, Silver Fox Licensing Consultants, on behalf of Mr Prasanta Gurung, the Premises Licence Holder (PLH)

·         Robert Smalley, Licensing Enforcement Officer, on behalf of Reading Borough Council as a Responsible Authority

Mr Gurung was also present at the meeting.

The Sub-Committee also had regard to the email dated 30 October 2020 from the Chair of Oxford Road Safer Neighbourhood Forum in which he set out his concerns  ...  view the full minutes text for item 12.

13.

Application for the Review of a Premises Licence - Reading West Food (Formerly I & R Convenience) - Oxford Road, Reading pdf icon PDF 205 KB

To consider an application for the review of a Premises Licence in respect of I & R Stores, 202 Oxford Road, Reading, RG30 1AB.

Additional documents:

Minutes:

The Head of Planning, Development and Regulatory Services submitted a report on an application by Thames Valley Police (TVP) for the review of a Premises Licence in respect of Reading West Food (formerly I & R Convenience) – 202 Oxford Road, Reading, RG30 1AB.

TVP had requested a review of the Premises Licence on 9 October 2020 because of matters arising at the premises in connection with the Premises Licence Holder’s (PLH) failings relating to poor procedures at the premises, lack of general due diligence and compliance with the licence conditions, leading to a failure to promote the four licensing objectives. These failings had been identified by TVP and Reading Borough Council’s Licensing Team during the course of visits to the premises that were carried out between March 2015 and August 2020. The PLH had been made aware of these concerns at the time of the visits and afterwards, by letter.  

During the 28-day consultation period representations had been received from Reading Borough Council’s Licensing Team and the Chair of Oxford Road Safer Neighbourhood Forum. Their comments were attached to the report.

Reading Borough Council’s Licensing Team considered that the appropriate and proportionate step that should be taken was the modification of the conditions of the premise licence, as set out in the report, to enable the PLH to promote the licencing objectives and help raise standards of retailers on Oxford Road back up to the level that is expected of all alcohol retailers.  The proposed conditions were set out in the report.

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 statutory 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 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 steps as it considered appropriate and proportionate for the promotion of the licensing objectives.

The sub-committee had regard to all relevant sections of the Secretary of State’s Guidance (April 2018), Reading Borough Council’s Statement of Licensing Policy (2018) and case law, as stated in the report.

The Sub-Committee received oral representations at the meeting from the following parties:

·         Simon Wheeler, Thames Valley Police

·         Peter Narancic, Senior Licensing and Enforcement Officer

·         William Donne, Silver Fox Licensing Consultants, on behalf of Mr Farzath Mohamed, the PLH.

·         Robert Smalley, Licensing Enforcement Officer, on behalf of Reading Borough Council as a Responsible Authority.

Mr Mohamed was also present at the meeting.

The Sub-Committee also had regard to the email dated 5 November 2020 from the Chair of Oxford Road Safer Neighbourhood Forum in which he set out his concerns on behalf of the Forum.

The Sub-Committee was advised at the meeting that  ...  view the full minutes text for item 13.