Agenda item

Application for the grant of a premises licence Muskaan Enterprises, 10-12 Oxford Road Reading

To consider an application for the grant of a premises licence in respect of Muskaan Enterprises, 10-12 Oxford Road, Reading, RG1 7LA.

Minutes:

The Sub-Committee considered a report on an application for the grant of a premises licence in respect of Muskaan Enterprises Ltd, 10-12 Oxford Road, Reading, RG1 2LG. A copy of the application for a premises licence was attached to the report at Appendix RS-1.

 

The report stated that the premises licence applied for would be to authorise the following licensable activities and hours:

 

Sale by Retail of Alcohol (Off the Premises):

 

Sunday to Thursday          from 0700hrs until 2300hrs

Friday to Saturday             from 0700hrs until 0000hrs

 

Hours the Premises is Open to the Public:

 

Sunday to Thursday          from 0700hrs until 2300hrs

Friday to Saturday             from 0700hrs until 0000hrs

 

A schedule of conditions agreed by the Applicant, Thames Valley Police and the Council’s Licensing Team was appended to the report at Appendix RS-2.

 

The report stated that the 28-day statutory consultation period for the application had closed on 17 November 2025. During this period a valid representation had been received from Alexandra Novikova, a local resident, and a copy of the representation was attached to the report at Appendix RS-3.

 

The report stated that in determining the application the Licensing Authority had a duty to discharge its functions with a view to promoting the four licensing objectives:

 

·       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 four 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 also stated that, when determining the application, the Licensing Authority must have regard to the representations received, the Licensing Authority’s own Statement of Licensing Policy and to any relevant section of the statutory guidance issued to licensing authorities by the Secretary of State. The report highlighted Section 18(6) of the Licensing Act 2003, which required that any relevant representations be considered in the context of the likely effect of the grant of the premises licence would have on the promotion of the licensing objectives.

 

The report set out paragraphs from the Council’s Statement of Licensing Policy (specifically paragraphs: 1.6, 3.1, 3.2, 5.6, 5.7, 6.1, 6.2, 6.5, 6.11 to 6.13, 7.2, 7.6, 7.7, 7.12, 8.6, 10.1 and 10.3) and from the Secretary of State’s Guidance issued under Section 182 of the Licensing Act, dated February 2025 (specifically paragraphs: 1.2 to 1.5, 8.41 to 8.49, 9.12, 9.38 to 9.40, 9.42 and 9.43). Relevant case law examples were also provided for consideration by the Sub-Committee.

 

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

 

The Applicant, Singh Pal Molotr and his representative, Malinder Kaur, attended the meeting, addressed the Sub-Committee on the application and asked and responded to questions. Melinder Kaur, on behalf of the applicant, also proposed an additional condition requiring twice-daily litter collection outside the premises and a reduction in the operating hours as follows:

 

Sale by Retail of Alcohol (Off the Premises):

 

Sunday to Thursday          from 0700hrs until 2200hrs

Friday to Saturday             from 0700hrs until 2300hrs

 

Hours the Premises is Open to the Public:

 

Sunday to Thursday          from 0700hrs until 2200hrs

Friday to Saturday             from 0700hrs until 2300hrs

 

Local resident, Alexandra Novikova, who had submitted a representation, attended the meeting, addressed the Sub-Committee, asked and responded to questions.

 

Resolved –

 

(1)           That, having considered the application for the grant of the premises licence in respect of Muskaan Enterprises Ltd, 10-12-Oxford Road, Reading, RG1 7LA, and having taken into consideration:

 

·       the Licensing Act 2003;

·       the Secretary of State’s Guidance issued under section 182 of that Act;

·       the Council’s Statement of Licensing Policy;

·       the likely effect of imposing the options available to the Sub-Committee under the Secretary of State’s Guidance upon on the promotion of the four Licensing Objectives;

 

and having read and considered the written reports and representations received from:

 

·       the Council’s Licensing Team;

·       the Applicant;

·       the local resident;

·       the Premises Licence Conditions agreed between Thames Valley Police, the Council’s Licensing Team and the Applicant;

 

and having considered the oral representations made by those present at meeting;

 

the Sub-Committee concluded that it was appropriate and proportionate to grant with the agreed conditions as set out in Appendix RS-2 and subject to the changes below, the premises licence as follows:

 

Sale by Retail of Alcohol (Off the Premises):

 

Sunday to Thursday        from 0700hrs until 2200hrs

Friday to Saturday           from 0700hrs until 2300hrs

 

Hours the Premises is Open to the Public:

Sunday to Thursday        from 0700hrs until 2200hrs

Friday to Saturday           from 0700hrs until 2300hrs

 

(2)           That the Sub-Committee’s reasons be noted as follows:

 

(a)           The application had attracted one representation from a local resident, Alexandra Novikova, who opposed the grant of the licence and contended that this would undermine each of the four licensing objectives of prevention of crime and disorder, prevention of public nuisance, public safety and the protection of children from harm.

 

(b)           The Sub-Committee noted that no representations had been received from any Responsible Authority. In particular, the Sub-Committee noted Paragraph 2.1 of the Guidance to the Act which stated that the police were the Licensing Authority’s main source of information on crime and disorder, and noted that no representation had been received from Thames Valley Police. The Applicant had agreed a comprehensive set of conditions with both Thames Valley Police and the Reading Borough Council licensing team.

 

(c)           In making its decision, the Sub-Committee had regard to the provisions of the Licensing Act 2003, the Secretary of State’s Guidance issued under section 182 of that Act, and the Reading Borough Council Statement of Licensing Policy. It noted Paragraph 1.18 of the revised guidance that required licensing authorities to consider the need to promote growth and deliver economic benefits.

 

(d)           Each member of the Sub-Committee read and considered the application and accompanying documents and listened carefully to the representations made at the meeting.

 

(e)           The Sub-Committee must consider the likely effect of the granting of the application upon the promotion of the four Licensing Objectives: In the view of the Sub-Committee, there was no evidence that the grant of the licence as applied for and amended would undermine the licensing objectives.

 

(f)            The decision of the Sub-Committee was therefore to grant the application as modified and subject to the agreed conditions.

 

(g)           The Applicant had proposed that there could be an additional condition requiring twice-daily litter collection outside the premises. The Sub-Committee welcomed the proposal but did not require it to be made a condition on the licence.

 

(At the Meeting the Chair advised all parties to the hearing that they had the right of appeal to the Magistrates Court within 21 days of receipt of the written decision).

Supporting documents: