To consider an application for the grant of a premises licence in respect of Cosy Club, Unit L30, Oracle Shopping Centre, Minster Street, Reading, RG1 2AQ.

 

The Sub-Committee considered a report on an application for the grant of a premises licence in respect of Cosy Club, Unit L30, Oracle Shopping Centre, Minster Street, Reading, RG1 2AQ. The application had been submitted by Loungers UK Ltd on 11 October 2024. A copy of the application was attached to the report at Appendix TS-1.

 

The report stated that the premises (Unit L30, Oracle Shopping Centre) was currently vacant, had previously been occupied by a retail store and did not have a premises licence in force. The report stated that, as of May 2024, Loungers UK Ltd operated 262 sites in England and Wales across three brands; Lounge, Cosy Club and Brightside. It was intended that Cosy Club would operate as a food led café bar.

 

The application sought the grant of a premise licence to authorise the following licensable activities and hours:

 

Provision of live music (Live amplified and unamplified music.)

Monday to Sunday from 2300hrs until 0200hrs

 

Provision of recorded music

Monday to Sunday from 2300hrs until 0200hrs

 

Provision of anything of a similar description to live music, recorded music or performances of dance

Monday to Sunday from 2300hrs until 0200hrs

 

Late Night Refreshment

Monday to Sunday from 2300hrs until 0200hrs

 

Supply of alcohol

Monday to Sunday from 1000hrs until 0200hrs

 

Hours Premises is open to the public

Monday to Sunday from 0800hrs until 0230hrs

 

The application also sought authorisation for the premises to remain open for the sale of alcohol, the provision of regulated entertainment and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

 

During, the 28-day consultation period for the application representations against the application had been received from:

 

·       Peter Narancic, Senior Licensing & Enforcement Officer - responding on behalf of Reading Borough Council (RBC) in its capacity as a Responsible Authority;

·       Rebecca Moon, Principal Environmental Health Officer, responding on behalf of RBC  in its capacity as a Responsible Authority (copy attached at Appendix TS-3); and

·       Laura Grantham, Sales Manager, Premier Suites Reading, responding as an interested party (copy attached at Appendix TS-4).

 

The report explained that the representation submitted by the Senior Licensing and Enforcement Officer had been withdrawn after conditions had been agreed between the Council’s Licensing Team and the Applicant’s solicitor. A copy of agreed conditions was attached to the report at Appendix TS-2. 

 

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 set out paragraphs 1.5, 1.6, 2.26, 3.1, 3.10, 6.1, 6.5, 6.27, 7.14, 7.15, 9,12, 9,13, 9,15, 9,16, 9,18, 9.20, 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, 19.13, 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.

 

Tabitha Shaw, Licensing Enforcement Officer, Reading Borough Council, attended the meeting, presented the report, and addressed the Sub-Committee. Robert Smalley and Mike Harding, Licensing Enforcement Officers were also present during the item but did not address the Sub-Committee.

 

The Applicant's representative, Robert Botkai, Winckworth Sherwood LLP, attended the meeting, addressed the Sub-Committee on the application and answered questions. Gareth Morgan, Regional Operations Manager, Cosy Club, also attended the meeting, addressed the Sub-Committee and answered questions.

 

Rebecca Moon, Principal Environmental Health Officer, attended the meeting, addressed the Sub-Committee and responded to questions.

 

Laura Grantham, Sales Manager, Premier Suites Reading, attended the meeting, addressed the Sub-Committee and responded to questions.

 

Additional Information from the Applicant, that included sample menus and a notification of a proposed changes to the terminal hours for the sale of alcohol and closing times, had been circulated to the Sub-committee prior to the meeting.

 

At the meeting the Applicant advised that they had agreed to amend the agreed conditions to close the outside seating area at 2200hrs each night (previously 2300hrs) and to amend the operating hours from those originally applied for to the following:

 

·       on Sundays through to Wednesdays the terminal hour for the sale of alcohol would be midnight (0000hrs) with closing at 0030hrs.

·       on Thursdays through to Saturdays the terminal hour for the sale of alcohol would be 0100hrs with closing at 0130hrs. 

 

The Sub-Committee accepted that the premises would close at the times stated above and that no live or recorded music nor other performance nor late night refreshment would continue past the amended closing times.

 

During the meeting it was confirmed by the Applicant that they had also come to an agreement with the Council’s Environmental Protection & Nuisance Team to add a further condition to mandate the installation of an appropriately tested noise-reduction acoustic ceiling that would be put in place to prevent internal noise above 30 decibels reaching the flats above. Rebecca Moon, Principal Environmental Health Officer, advised the Sub-Committee that she was satisfied with the wording of the proposed additional condition which would read as follows:

 

“Prior to first opening of the premises, the premises licence holder shall install suitable acoustic insulation to limit noise transfer from the premises to the upper parts of the building. The insulation shall be sufficient to ensure that the predicted noise levels as a result of noise from the premises shall be no higher than 30 dBA LAeq, and compliant with a noise rating curve of 20 (NR20) within the first floor apartments, and details demonstrating that this performance will be met shall be submitted to the Licensing Authority prior to installation of the insulation.”

 

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 that the option available 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 written report and associated paperwork for the meeting;

·       the written and oral representations of the Applicant;

·       the written and oral representations of the interest party;

·       the written and oral professional representations of the Council’s Environmental Protection & Nuisance Team; and

·       the written and oral professional representations of the Council’s Licensing Team;

 

the application for a Premises Licence in respect of Cosy Club, Unit L30, Oracle Shopping Centre, Minster Street, Reading, RG1 2AQ, be granted to authorise the following licensable activities and hours:

 

Provision of live music (Live amplified and unamplified music.)

Sunday to Wednesday 2300hrs until 0030hrs

Thursday to Saturday 2300hrs until 0130hrs

 

Provision of recorded music

Sunday to Wednesday 2300hrs until 0030hrs

Thursday to Saturday 2300hrs until 0130hrs

 

Provision of anything of a similar description to live music, recorded music or performances of dance

Sunday to Wednesday 2300hrs until 0030hrs

Thursday to Saturday 2300hrs until 0130hrs

 

Late Night Refreshment

Sunday to Wednesday 2300hrs until 0030hrs

Thursday to Saturday 2300hrs until 0130hrs

 

Supply of alcohol

Sunday to Wednesday 1000hrs until 0000hrs

Thursday to Saturday 1000hrs until 0100hrs

 

Hours Premises is open to the public

Sunday to Wednesday 0800hrs until 0030hrs

Thursday to Saturday 0800hrs until 0130hrs

 

subject to the modified conditions agreed between the Applicant and Reading Borough Council's Licensing Team, as set out in Appendix TS-2, with the following further amendment made to condition 19:

 

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

 

and with the addition of a further condition, as agreed between the Applicant and Reading Borough Council’s Environmental Protection & Nuisance Team, to read as follows:

 

“Prior to first opening of the premises, the premises licence holder shall install suitable acoustic insulation to limit noise transfer from the premises to the upper parts of the building.  The insulation shall be sufficient to ensure that the predicted noise levels as a result of noise from the premises shall be no higher than 30 dBA LAeq, and compliant with a noise rating curve of 20 (NR20) within the first floor apartments, and details demonstrating that this performance will be met shall be submitted to the Licensing Authority prior to installation of the insulation.”

 

The Chair advised of the right of appeal.