To consider an application for the variation of a premises licence in respect of Wendy’s, 1 Station Road, Reading, RG1 1LG.

The Sub-Committee considered a report on an application for the variation of a premises licence in respect of Wendy’s, 1 Station Road, Reading, RG1 1LG. The application had been submitted by Wendy’s Restaurants of U.K. Limited.

 

The report stated that there was currently a premises licence (LP1001242 refers) in force that authorised the following licensable activities and hours:

 

Provision of Late Night Refreshment:

Sunday to Thursday          from 2300hrs to 0000hrs

Friday to Saturday             from 2300hrs to 0200hrs

 

Hours the Premises is Open to the Public:

Sunday to Thursday          from 0800hrs to 0000hrs

Friday to Saturday             from 0800hrs to 0200hrs

 

A copy of the current premise licence was attached to the report at Appendix RS-1.

 

The report explained that the application to vary the premises licence had been received on 20 March 2025.  A copy of the application form was attached to the report at Appendix RS-2. The application sought to vary the premise licence as follows:

 

Provision of Late Night Refreshment:

Sunday to Wednesday       from 2300hrs to 0000hrs

Thursday to Saturday        from 2300hrs to 0400hrs

 

Hours the Premises is Open to the Public:

Sunday to Wednesday       from 0700hrs to 0000hrs

Thursday to Saturday        from 0700hrs to 0400hrs

 

The report stated that all other licensable activities and hours would remain as per the current licence.

 

A list of conditions that had been agreed between the Council’s Licensing Team, Thames Valley Policy and the Applicant were attached to the report at Appendix RS-3.

 

During the 28-day consultation period for the variation application a valid representation had been received from David Acreman, Environmental Protection Team, Reading Borough Council.  A copy of the representation which objected to the application was 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, 3.1, 3.2, 5.6, 5.7, 6.1, 6.2, 6.5, 6.19, 6.20, 6.21, 6.22. 6.23, 7.2, 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, 8.42, 8.43, 8.44, 8.45, 8.46, 8.47, 8.48, 8.49, 8.50. 8.76, 9.12, 9.38, 9.39, 9.40, 9.42, and 9.43 from the Secretary of State’s Guidance that had been issued under section 182 of the Licensing Act 2003 in February 2025.  The report also set out Section 18 (6)(a) of the Licensing Act 2003.

 

Robert Smalley, Licensing Officer, Reading Borough Council, attended the hearing, presented the report and addressed the Sub-Committee.

 

The Applicant, Luke Atkins, District Manager, Wendy's Restaurants of UK Limited, attended the meeting, addressed the Sub-Committee on the application and answered questions.

 

David Acreman, Environmental Protection Team, Reading Borough Council, who had submitted the valid representation objecting to the application did not attend the meeting but had provided a written statement which was read out to Sub-Committee by Robert Smalley.

 

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 covering report prepared by Reading Borough Council's Licensing Team;

·       the application form;

·       the written representation submitted by Reading Borough Council’s Environmental Protection Team;

·       the oral representations made by the Applicant at the meeting;

·       the professional oral representations made by Robert Smalley on behalf of Reading Borough Council’s Licensing Team;

·       the prepared statement read out by Robert Smalley on behalf of the Environmental Protection Team.

 

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

 

Late Night Refreshment

Sunday to Wednesday       from 2300hrs to 0000hrs

Thursday to Saturday        from 2300hrs to 0400hrs

 

Hours the Premises is Open to the Public

Sunday to Wednesday       from 0700hrs to 0000hrs

Thursday to Saturday        from 0700hrs to 0400hrs

 

subject to the conditions agreed between Reading Borough Council’s Licensing Team, Thames Valley Police and the Applicant, as set out in Appendix RS-3 to the report.

 

(2)           That the following reasons be noted:

 

(a)  The Sub-Committee had carefully considered the written and oral evidence;

 

(b)  The premises did not serve alcohol at any time, that the internal CCTV at the premises captured an image of the head and shoulders of every person entering the premises, and the external CCTV covered the entrance to the premises. The Sub-committee noted that all staff working during the late night refreshment hours would be required to undertake specific training, and that they would have the power to refuse service;

 

(c)  The Applicant had agreed a set of comprehensive conditions with the Police and Reading Borough Council’s Licensing Department before making their application, as suggested by the Section 182 Guidance;

 

(d)  The music played at the premises was only background music and was designed not to be intrusive;

 

(e)  That the windows of the premises would remain closed, and that there was a RECO air recirculating unit in operation at the premises, which had no external units, and that none of residents in the flats above or around the premises had made any noise complaints to Wendy’s or to the Council;

 

(f)    That Reading Borough Council's Environmental Protection Team had not received any noise complaints relating to this Wendy’s premises since it had opened in 2021.

 

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

 

 

(The meeting started at 9.30 am and closed at 10.11 am)