To consider an application for the grant of a premises licence in respect of Nancy and Marvin’s Sip and Spin, 19 Eldon Terrace, Reading, RG1 4DX.

The Sub-Committee considered a report on an application for the variation of a premises licence in respect of Nancy and Marvin’s Sip and Spin, 19 Eldon Terrace, Reading, RG1 4DX.

 

The report stated that there was currently no premises licence in force at the premises. The premises had previously operated as a public house and the previous licence had been surrendered in September 2024.

 

The report explained that the application had been submitted by Nancy and Marv’s Ltd and is attached as Appendix LIC-1. The proposed business that would operate from the premises would be a café style bistro/coffee shop with table-top games during the day, and a wine/cocktail bar in the evenings with occasional recorded music (DJs) and live musical performances. The report added that live and recorded music was deregulated between the hours of 08:00 and 23:00 for an audience of less than 500 people and therefore did not need a licence.

 

The application sought the grant of a premises licence to allow the following:

 

Hours for the Sale of Alcohol:

Sunday to Thursday                     from 1000hrs until 2230hrs

Friday and Saturday                     from 1000hrs until 2300hrs

 

Hours for the Provision of Live Music:

Sunday to Thursday                     from 1000hrs until 2300hrs

Friday and Saturday                     from 1000hrs until 2330hrs

 

Hours for the Provision of Recorded Music:

Sunday to Thursday                     from 1000hrs until 2300hrs

Friday and Saturday                     from 1000hrs until 2330hrs

 

Hours for the Provision of Late Night Refreshment:

Friday and Saturday                     from 2300hrs until 2330hrs

 

Hours the Premises is Open to the Public:

Sunday to Thursday                     from 1000hrs until 2300hrs

Friday and Saturday                     from 1000hrs until 2330hrs

 

Conditions had been agreed between Thames Valley Police, Reading Borough Council Licensing, Environmental Protection, and the Applicant and were attached to the report as Appendix LIC-2.

 

During the 28-day consultation period for the application six valid representation had been received and copies of the representations were appended to the report as follows.

 

1. Richard Eatough - Planning – Appendix LIC-3

2. Mr and Mrs Brown – Local residents - Appendix LIC-4

3. Joanna King - Local resident – Appendix LIC-5

4. Simon Miles – Local resident – Appendix LIC-6

5. Matt Bedborough and Laura Bannister – Local residents – Appendix LIC-7

6. Laura Dolphin – Local resident – Appendix LIC-8

 

The applicant submitted additional information, which was attached to the report as Appendix LIC-9 and further information including a map showing the premises, photographs of the premises and the previous premises licence.

 

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 1.1-1.6, 2.1-2.3, 2.5-2.15, 2.23, 3.1, 3.2, 5.6, 5.7, 6.1, 6.2, 6.5, 6.24. 6.25, 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, 9.40, 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.

 

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

 

The applicants, Nancy Magon and Marvin Carpenter, attended the hearing, along with their representative William Donne, Silver Fox Licensing Consultants. Mr Donne addressed the Sub-Committee, asked and responded to questions.

 

Anthony Scholes, Principal Planning Officer, attended to support their representation, addressed the Sub-Committee, asked and responded to questions.

 

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 all of the submitted documentation, written and oral representations the Sub-Committee agreed to grant the application for a premises licence to authorise the following licensable activities and hours:

 

Hours for the Sale of Alcohol:

Sunday to Thursday          from 1000hrs until 2230hrs

Friday and Saturday          from 1000hrs until 2300hrs

 

Hours for the Provision of Late Night Refreshment:

Friday and Saturday          from 2300hrs until 2330hrs

 

Hours the Premises is Open to the Public:

Sunday to Thursday          from 1000hrs until 2300hrs

Friday and Saturday          from 1000hrs until 2330hrs

 

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)           During the consultation period conditions were agreed with the Police and the Council Licensing Team as set out at Appendix LIC-2.

 

(b)           There were no objections from the Police.

 

(c)           The Applicant accepted the contents of the guidance set out at pages 44 and 45, as a result, at page 29, the application was amended to remove references to regulated entertainment including live music and recorded music. The Applicant now stated that there was no live music and/or recorded music that required regulation under the Licensing Act 2003.

 

(d)           The Premises previously had premises licences attached to it. The Premises had a long history as a public house in the middle of a residential area.

 

(e)           The Applicant pointed out that if there had been a history of noise nuisance at the premises one would have expected that history to have been presented for this sub-committee hearing.

 

(f)             The Sub-Committee accepted that playing of live and recorded music was not regulated but were assured, nevertheless, by the agreed conditions on the issue of potential noise nuisance.

 

(g)           Mr Scholes stated that if it was a public house then there would be no issue with Planning consent, but if it were to be a café then planning permission would be required. The concern related to the wording at page 28 describing the premises as a “café style bistro/coffee shop during the day, with table top games and take away sandwich shop and a wine/cocktail bar in the evenings..”.

 

(h)           The Applicant stated that the description at page 28 was due to loose language from a lay person. There was a misunderstanding about the nature of the business as it was “a public house with a substantial food offering”.

 

(i)             The representations received from the Reading Borough Council planning department, as represented by Mr Scholes at the sub-committee hearing had to be considered in light of the fact that this was not a planning decision.

 

(j)             The Sub-Committee accepted that this would be a public house with a substantial food offering and accepted that, as the Applicant also maintained, as set out in their skeleton argument, and as mentioned by Mr Scholes of planning, the premises fell within the Sui Generis category.

 

(k)           The Applicant maintained that the hours for the sale of alcohol, in the application, were less than previous iterations of the premises when it had held premises licences before.

 

(l)             The Sub-Committee carefully considered the concerns raised by the local residents but considered that they were likely to be met by the conditions and any enforcement actions by the relevant Council officers.

 

The Chair advised those present that they would be informed of their right of appeal when they were sent a written copy of the Sub-Committee’s full decision.

 

 

(The meeting started at 9.28 am and closed at 10.38 am)