To consider an application for the variation of a premises licence in respect of the BP Leander Service Station, 182-184 Henley Road, Caversham, Reading, RG4 5LW.

The Sub-Committee considered a report on an application for the variation of a premises licence in respect of the Leander Service Station, 182-184 Henley Road, Caversham, Reading, RG4 5LW. The application had been submitted by Motor Fuel Group (MFG) Limited.

 

The report stated that the premises currently operated as a BP service station and was located in a residential area on Henley Road, Caversham. The premises benefited from an existing premises licence (LP9000596 refers) a copy of which was attached to the report at Appendix TS-2. The current premises licence authorised the following licensable activities and hours:

 

Hours for the Sale by Retail of Alcohol

Monday to Saturday from 0600hrs until 2300hrs

Sunday from 0700hrs to 2300hrs

 

Hours the Premises is Open to the Public

Monday to Saturday from 0600hrs until 2300hrs

Sunday from 0700hrs to 2300hrs

 

The report explained that an application to vary the premises licence had been received on 2 October 2024. A copy of the application form was attached to the report at Appendix TS-1. The variation application sought to extend the hours for the sale of alcohol off the premises and to add the licensable activity of late-night refreshment to the premises licence. The licensable activities and hours applied for were:

 

Late Night Refreshment

Monday to Sunday from 2300hrs until 0500hrs

 

Hours for the Sale by Retail of Alcohol (Off Sales)

Monday to Sunday from 0000hrs until 2400hrs

 

Hours the Premises is Open to the Public

Monday to Sunday from 0000hrs until 2400hrs

 

The variation application also sought to replace the conditions set out in Annex 2 of the current premises licence (copy attached at Appendix TS-2) with new conditions set out in Section 16 of the application form (copy attached at Appendix TS-1). 

 

During the 28-day consultation period for the variation application valid representations had been received from Robert Smalley, Licensing Officer, Reading Borough Council and Natalie Weekes, Senior Planning Officer, Reading Borough Council.

 

Robert Smalley’s representation had been withdrawn after the applicant had agreed to conditions put forward by the Council’s Licensing Team. A copy of the conditions that had been agreed between the Licensing Team and the Applicant was attached to the report at Appendix TS-3. 

 

The representation submitted by Nathalie Weekes Senior Planning Officer, was attached to the report at Appendix TS-4. The representation had been submitted due to there being significant concerns about the negative impact of the extension of opening on nearby residents in terms of noise and disturbance as well as concerns relating to public nuisance.

 

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 stated that any decision made in relation to the Premises Licence should be appropriate and proportionate with a view to promoting the licensing objectives. The Licensing Authority could amend, alter, or refuse an application should it be deemed appropriate for the promotion of the licensing objectives. The report stated that, when 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 issued to licensing authorities by the Secretary of State.

 

The report set out paragraphs 1.6, 3.1, 3.2, 5.6, 5.7, 6.1, 6.2, 6.5, 6.18, 7.2, 7.3, 7.6, 8.6, 10.1 and 10.3 from the Council’s Statement of Licensing Policy. The report also set out paragraphs 1.2 to 1.5, 2.1, 2.2, 2.7, 9.12, 9.13, 9.38, 9.39, 9.42 and 9.43 from the Secretary of State’s Guidance to the Licensing Act 2003 issued in December 2023.

 

The Applicant's representative, Robert Botkai, Winckworth Sherwood LLP, attended the meeting, addressed the Sub-Committee on the application and answered questions. John Mahon, Motor Fuel Group Limited also attended the meeting.

 

Tabitha Shaw, Licensing Officer, Reading Borough Council, attended the hearing, presented the report and addressed the Sub-Committee. Robert Smalley, Licensing Officer, Reading Borough Council was also present at the meeting.

 

Nathalie Weekes, Senior Planning Officer, Reading Borough Council, attended the meeting, addressed the Sub-Committee and responded to questions regarding the representation that she had submitted.

 

In reaching their decision the Sub-Committee gave due consideration to the written evidence contained in the paperwork and the oral evidence presented at the meeting and to the relevant legislation and guidance; and the policies of Reading Borough Council.

 

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 Reading Borough Council’s Statement of Licensing Policy and having considered the likely effect that granting the application would have on the promotion of the four Licensing Objectives:

 

·       the prevention of crime and disorder;

·       public safety;

·       the prevention of public nuisance; and

·       the protection of children from harm

 

and having considered:

 

·       the options available to the Sub-Committee as set out in the report;

·       that the Sub-Committee could only consider matters directly relevant to the licensing objectives in respect of the application;

·       the need to strike a fair balance between competing interests in order to achieve a proportionate result;

·       the written evidence contained in the paperwork for the meeting;

·       the oral representations made at the meeting, in particular those of made on behalf of the applicant; and

·       the professional representations of Nathalie Weekes, Senior Planning Officer, Reading Borough Council;

 

the Sub-Committee agreed to grant the application to vary the premises licence, to authorise the following licensable activities and hours:

 

Late Night Refreshment

Monday to Sunday from 2300hrs until 0500hrs

 

Hours for the Sale by Retail of Alcohol (Off Sales)

Monday to Sunday from 0000hrs until 2400hrs

 

Hours the Premises is Open to the Public

Monday to Sunday from 0000hrs until 2400hrs

 

subject to the conditions agreed between Reading Borough Council’s Licensing Team and the Applicant, as set out in Appendix TS-3 to the report, but with the additional requirement that the times specified in the condition numbered 14 be amended to replace “between 00:00 and 06:00” with “between 22:00 and 07:00”.

 

          The Chair advised of the right of appeal to the Magistrates Court.