To consider an application for the grant of a premise licence in respect of Alto Lounge, 30-32a Church Street, Caversham, Reading, RG4 8AU.

The Sub-Committee considered a report on an application for the grant of a premises licence in respect of Alto Lounge, 30-32a Church Street, Caversham, Reading, RG4 8AU. The application had been submitted by Loungers UK Limited.

 

The report stated that the premises currently benefited from a premises licence that authorised the following licensable activities and hours:

 

Playing of Recorded Music:

Monday to Sunday from 0900hrs to 2300hrs

 

Sale by Retail of Alcohol (On & Off Sales):

Monday to Sunday from 1200hrs to 2300hrs

 

Hours the Premises is Open to the Public:

Monday to Sunday from 0900hrs to 2330hrs

 

The report stated that Alto Lounge had been granted its premises licence by the Licensing Applications Sub-Committee 3 on 9 September 2008 (Minute 13 refers). The report explained that the property had operated as a food premises for over 30 years. At the meeting the business was described as providing a “family dining environment” and that it operated as a café/bar.

 

The application to vary the premises licence had been received on 4 October 2024. A copy of the application form was attached to the report at Appendix RS-1. The application sought the grant of a new premise licence to authorise the following activities and hours:

 

Provision of Late Night Refreshment:

Monday to Sunday from 2300hrs until 0030hrs

 

Sale of Retail of Alcohol (On and Off Sales):

Monday to Sunday from 1000hrs until 0000hrs

 

Hours the Premises is Open to the Public:

Monday to Sunday from 0800hrs until 00:30hrs

 

The application also sought to extend the current footprint of the business from 32/32a Church Street so that it also covered the neighbouring premises at 30 Church Street (formerly a charity shop).

 

The report stated that conditions had been agreed between Reading Borough Council’s Licensing Team, Thames Valley Police and the Applicant. A copy of the agreed conditions was attached to the report at Appendix RS-2.

 

During the 28-day consultation period for the application a valid representation had been received from Mr Malcolm Pemble on behalf of the Caversham & District Residents Association. A copy of the representation was attached to the report at Appendix RS-3. CADRA’s representation raised concerns regarding staff talking outside late at night, noise from refrigeration, air-conditioning and kitchen extractor units and deliveries taking place at 5am.

 

Three further representations had also been received. These were not considered to be relevant to any of the four licensing objectives.  However, for the sake of completeness copies of these representations were attached to the report at Appendix RS-4

 

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, 2.9 3.1, 3.2, 5.6, 5.7, 6.1, 6.2, 6.5, 6.19, 6.20 to 6.26, 7.2, 7.6, 7.7, 7.12, 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, 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 December 2023.

 

The Applicant's representative, Robert Botkai, Winckworth Sherwood LLP, attended the meeting, addressed the Sub-Committee on the application and answered questions. Maria Kirby, Operations Manager, Loungers UK Limited also attended the meeting.

 

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

 

Malcolm Pemble, Caversham and District Residents Association (CADRA) did not attend the hearing however Robert Smalley, Licensing Officer, read out a written statement prepared by CADRA that expanded on the representation that they had submitted.  

 

At the meeting the Applicant’s representative gave assurances that Alto Lounge were investigating the concerns raised regarding noise caused by staff talking outside, that they were looking into the concerns raised regarding the extractor fan and that they were also trying to arrange for later deliveries during more sociable hours.

 

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, in particular paragraphs 1.6, 6.5 and 7.6 of the 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;

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

·       the written representation submitted by CADRA, including the further statement read out during the meeting; and;

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

 

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

 

Provision of Late Night Refreshment:

Monday to Sunday from 2300hrs until 0030hrs.

 

Sale by Retail of Alcohol (On & Off Sales):

Monday to Sunday from 1000hrs until 0000hrs.

 

Hours the Premises is Open to the Public:

Monday to Sunday from 0800hrs until 0030hrs.

 

subject to the conditions agreed between Reading Borough Council’s Licensing Team, Thames Valley Police and the Applicant, as set out in Appendix RS-2 to the report, but with the following amendments made to the conditions numbered 12, 13, and 17:

 

“12.    Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them, unless to a designated outside area.”

 

“13.    All outside tables and chairs shall be rendered unusable after 2200hrs each day.”

 

“17.    The front external area will not operate beyond 2200hrs. All customers shall be required to vacate the area by this time and staff will be available to assist with dispersal from the premises if necessary.”

 

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