To determine an application for the variation of a Premises Licence in respect of Mosaic Peri Peri, 51 Wokingham Road, Reading, RG6 1LH.

The Sub-Committee considered a report that set out an application for the variation of a Premises Licence in respect of Mosaic Peri Peri, 51 Wokingham Road, Reading, RG6 1LH.

The report stated that, on 12 December 2024, the Applicant (Zing Cooperates Ltd) had submitted an application that sought to vary the operating hours for the licensable activity of Late Night Refreshment and to extend the hours that the premises would be open to the public.

During the 28-day consultation period the application had attracted representations from Thames Valley Police and from the Council’s Licensing and Environmental Protection teams. This had resulted in the application being considered at the meeting of the Sub-Committee held on 23 January 2025 at which the variation applicant had been granted as sought (Minute 40 2024-25 refers). A link to view the agenda papers and Minutes for the meeting was provided in the report.

The report stated that the Sub-Committee’s decision to grant the variation application had been appealed by Thames Valley Police to the Magistrates’ Court. A first hearing and direction setting for the appeal took place at Reading Magistrates’ Court on 4 April 2025.

The report stated that, on 6 July 2025, the Applicant's legal representative (from Godwin Austen Solicitors), contacted the Council's Legal Team to inform them that the Applicant had instructed them to withdraw the variation application. A copy of the correspondence was attached to the report at Appendix TS-1.

Following discussions between the Applicant, the Council’s Licensing Team and Thames Valley Police it had been agreed that the premises licence should revert back to its original hours. A consent order to that effect had been drafted and submitted to Reading Magistrates’ Court.

On 23 July 2025, a District Judge had considered the consent order but did not sign it and instead made directions remitting the case back to the Council’s Licensing Applications Sub-Committee to be redetermined and to allow for the application to vary the licence conditions of Mosaic Peri Peri to be formally withdrawn. A copy of the Judge’s Direction was attached to the report at Appendix TS-2.

On 24 July 2025 a further email had been received by the Council from the applicant's legal representative requesting that the variation application be formally withdrawn and for the former licence conditions and hours of the premises to be restored to those that were in place before the application. A copy of the correspondence was attached to the report at Appendix TS-3.

Tabitha Shaw, Licensing Enforcement Officer, Reading Borough Council, attended the hearing, presented the report to the Sub-Committee and answered questions.

Robert Smalley, Licensing Enforcement Officer, Reading Borough Council and Declan Smyth, Licensing Officer, Thames Valley Police both attended the hearing acting as Responsible Authorities. Both addressed the Sub-Committee.

The Applicant did not attend the hearing and had not been expected to do so.

Resolved –

(1)           That, after taking into consideration the Licensing Act 2003, the Secretary of State’s Guidance issued under section 182 of that Act and  ...  view the full minutes text for item 19.

At this point, the Sub-Committee will consider whether to exercise its power to exclude members of the press and public under Section 100A of the Local Government Act 1972 (as amended) for the following items on the agenda due to there being a high likelihood that there would be disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 12A of that Act.

Resolved –

That, pursuant to Section 100A of the Local Government Act 1972 (as amended), members of the press and public be excluded during consideration of Item 20 as it was likely that there would be disclosures of exempt information as defined in paragraphs 1, 2, 3 and 7 specified in Part 1 of Schedule 12A (as amended) to that Act.

To consider a review of a Personal Licence.

The Sub-Committee considered a confidential report to review a Personal Licence. The report set out the circumstances of the case. A copy of the Personal Licence was attached to the report at Appendix RS-1.

The Personal Licence Holder had been referred to the Sub-Committee to allow the Sub-Committee to review their suitability to hold a Personal Licence after the Council’s Licensing Team had received a notification from Home Office Immigration Enforcement that a relevant offence had been committed under Section 113 of the Licensing Act 2003.

The report stated that, following a visit by Home Office Immigration Enforcement, the restaurant business at which the Personal Licence Holder was a listed director had been required to pay a civil penalty for employing individuals who did not have the right to work in the United Kingdom. A copy of the Civil Penalty Notice was attached to the report at Appendix RS-2.

The report also stated that the Personal Licence Holder had not informed the Council of their requirement to pay an immigration penalty as was required of them under Section 132 of the Licensing Act 2003 and had also not informed the Council of a change of address as required under Section 127.

The Personal Licence Holder had been issued with notice that the Council were seeking to review their Personal Licence. A copy of the notice letter inviting them to make representations in response to the review within a statutory 28-day period was attached to the report at Appendix RS-3. The report stated that no representations had been received from the Personal Licence Holder.

The report set out the powers of the Sub-Committee when determining an application for the review of a Personal Licence. The Sub-Committee could:

• Suspend the licence for a period not exceeding six months; or
• Revoke the licence; or
• Not Revoke or Suspend the Licence.

The report also set out Sections 128, 132 and 132(A) from the Licensing Act 2003 along with paragraphs 4.75 to 4.78 and 4.80 and Amended Guidance issued by the Secretary of State under Section 182 of the Act. The report also set out paragraphs 4.11, 5.28 to 5.30, 9.25 and 10.4 from the Council’s Statement of Licensing Policy.

Robert Smalley, Licensing Enforcement Officer, attended the hearing, addressed the Sub-Committee and responded to questions. Tabitha Shaw, Licensing Enforcement Officer, attended the hearing as an observer.

The Personal Licence Holder did not attend the hearing.

At the hearing Mr Smalley explained that the notice letter inviting the Premises Licence Holder to make representations in relation to the review, and a later letter that had been sent to them informing them of the date and time of the Sub-Committee hearing, had been sent to an address that had been provided to the Council by Home Office Immigration Enforcement. However, it had since been established that this was not the correspondence address of the Premises Licence Holder but was rather the business address where the alleged immigration offences had taken place. Mr Smalley therefore recommended to the  ...  view the full minutes text for item 21.