To consider an application for the grant of a Premises Licence in respect of Local Food and Wine, 441 Basingstoke Road, Reading.

The Head of Planning, Development and Regulatory Services submitted a report on an application by Mr Jasnoor Singh Vadwah for the grant of a premises licence in respect of Local Food and Wine, 441 Basingstoke Road, Reading.

The report stated that a premises licence was currently in force at the premises and was held by Mr Gurmit Singh Gurwara.  This licence had been revoked by the Licensing Sub-Committee on 29 March 2018 (Minute 30 refers) due to the employment of an illegal worker; breach of conditions and historical issues with illicit alcohol and tobacco.  This decision had been appealed by the premises licence holder to the magistrates court and therefore the licence was currently in force at the premises. 

The report stated that the application was for the grant of a premises licence to permit the following licensable activities:

Sale of Alcohol (off the premises)

Monday to Sunday                          0700 hours until 2300 hours

Opening Hours

Monday to Sunday                          0700 hours until 2300 hours

A copy of the application was attached to the report at Appendix 1.

The report stated that representations had been received from Reading Borough Council Licensing Team, Thames Valley Police, which were attached to the report at Appendix 2 and 3 respectively.

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 also stated that any conditions placed on the premises licence should be appropriate and proportionate with a view to promoting the licensing objectives and that 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 8.41 - 8.49, 9.11 - 9.13, and 14.63- 14.65 from the Secretary of State’s Guidance to the Licensing Act 2003 issued in April 2018.  The report also set out paragraphs 7.15.1 and 11.4.1 of the Council’s Statement of Licensing Policy (October 2013).

Mr Surendra Panchal, representing the applicant was present at the meeting and addressed the Sub-Committee on the application.  Mr Jasnoor Singh Vadwah, the applicant, was present at the meeting and addressed the Sub-Committee on the application and responded to questions. 

Peter Narancic, Senior Licensing Officer, Reading Borough Council, and PC Simon Wheeler, Thames Valley Police, were both present and addressed the Sub-Committee on their representations regarding the application as stated in the report.

Resolved –

That, in order to promote the four licensing objectives, and having regard to the oral and written representations made, paragraphs 8.41-8.49, 9.11-9.13, and 14.63-14.65 of the Secretary of State’s guidance issued under section 182 of the Licensing Act 2003 (April 2018), and paragraphs 7.15.1 and 11.4.1 of the Council’s Statement of Licensing Policy (October 2013), the application for the grant to a Premises Licence in respect of Local Food and Wine, 441 Basingstoke Road, Reading, be refused.  The Sub-Committee’s reasons were:

(a)      the Sub-Committee does not believe this to be a genuine application as the applicant provided contradictory answers to questions during the hearing;

(b)      the Sub-Committee believes that the applicant is related to one of the directors of the current business and thereby the business could be run on behalf of the current owner;

(c)      by reason of today’s hearing it was established that the applicant had made minimal enquiries about the business he is purporting to purchase, which bears direct relevance to the applicant’s ability to uphold the four licensing objectives.  Whilst the applicant was able to recite the four licensing objectives he was unable to demonstrate how he would implement them;

(d)      the draft lease in the report, purporting to lease the business to the applicant was not legally binding and gave no certainty as to the terms of the lease and what would be transferred to the applicant if the licence was granted.