To consider an application for the grant of a Premises Licence in respect of Whitley Superstore, 142 Whitley Wood Lane, Reading, RG2 8PP.

The Sub-Committee considered a report on an application for the grant of a premises licence in respect of Whitley Superstore, 142 Whitley Wood Lane, Reading, RG2 8PP.

The report stated that 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 from 0700hrs until 2300hrs

Hours the Premises is Open to the Public:

Monday to Sunday from 0700hrs until 2300hrs

A copy of the Premises Licence Application Form was attached to the report at Appendix RS-1.  A copy of the agreed conditions between Reading Borough Council’s Licensing Team, Thames Valley Police and the Applicant were attached to the report at Appendix RS-2.

During the 28-day consultation period for the application eight representations and tw0 petitions had been received by Reading Borough Council (RBC) and these were attached to the report as the following appendices:

1. Dean Hitchman - Local Resident – Appendix RS-3

2. Ghanshyam Patel – Local Business Owner – Appendix RS-4

3. Mr Imran Hussain – Local resident - Appendix RS-5

4.Ms Mary Lambden – Local Resident - Appendix RS-6

5. Ms Prajay Shrestha – Local Resident - Appendix RS-7

6. Mr Raj Budhathoki – Local Resident – Appendix RS-8

7. Mr Robert Jordan– Contact for petition signatories – Appendix RS-9

8. Mrs Shirley Croker – Local Resident –Appendix RS-10

9. Mr Gurnam Singh Madan – Local Resident –Appendix RS-10

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 applicant and the responsible authorities had been able to reach agreement on the conditions to be attached to the Premises Licence in order to promote the four Licensing objectives.

The report set out paragraphs 1.2 to 1.5, 8.41 to 8.49, 9.12, 9.38 to 9.40, 9.42 and 9.43 from the Secretary of State’s Guidance to the Licensing Act 2003 issued in April 2018.  The report also set out paragraphs 1.6, 3.1, 3.2, 5.6, 5.7, 6.1, 6.2, 6.5, 6.11 to 6.13, 7.2, 7.6, 7.7, 7.12, 8.6, 10.1 and 10.3 from the Council’s Statement of Licensing Policy.

Pajan Singh Kaneja (the applicant) and his representative Surendra Panjal, attended the meeting, addressed the Sub-Committee on the application and answered questions.

Objectors Ghanshyam Patel and Atul, local business owners, Patel and Prajesh and Gurnam Singh Madan with their representative David Dadds attended the meeting and addressed the Sub-Committee and responded to questions.  Councillor Leng, Ward Councillor for Whitley Ward, also attended the meeting to represent the local residents objecting to the application, addressed the Sub-Committee and answered questions.

Robert Smalley, RBC Licensing Officer, presented the report to the Sub-Committee.

In reaching their decisions, the Sub-Committee gave due consideration to the written evidence contained in the paperwork and the oral evidence at the meeting and to the relevant legislation and policies of Reading Borough Council as set out above.

Resolved -

That, after taking into consideration the Licensing Act 2003, the Secretary of State’s Guidance issued under section 182 of that Act, the Environmental Protection Act 1990, the Equality Act 2010 and Reading Borough Council’s Statement of Licensing Policy and the promotion of the four Licensing Objectives:

·       the prevention of crime and disorder,

·      public safety;

·      the prevention of public nuisance;

·      the protection of children from harm

and considering the written and oral representations received from the Applicant and their agent and from Reading Borough Council Licensing and Thames Valley Police, the Sub-Committee agreed to grant the premises licence, to allow the following licensable activities:

Sale by Retail of Alcohol (Off the Premises)

Monday to Sunday from 0700hrs until 2300hrs

Hours the Premises is Open to the Public

Monday to Sunday from 0700hrs until 2300hrs

subject to the conditions set out in Appendix RS-2 to the report, plus the following additional conditions:

·      No sales of miniature alcohol bottles less than 200 ml in content;