Issue - decisions

Application for the Variation of a Premises Licence - Market House

02/10/2019 - Application for the Variation of a Premises Licence - Market House

The Head of Planning, Development and Regulatory Services submitted a report on an application for a variation of Premises Licence in respect of Market House, 1-2 Market Place, Reading, RG1 2EQ. 

The report stated that the premises currently had a Premises Licence in force and that a copy of the Premises Licence was attached to the report at Appendix 5.

The application was seeking to vary the Premises Licence to allow a variation to the layout of the premises.  The report advised that all other licensable activities, and hours for licensable activities, would remain as per the existing Premises Licence.

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

The report stated that during the 28 day consultation process for the application, representations had been received from Reading Borough Council’s Licensing Team (attached to the report at Appendix 2), Reading Borough Council’s Environment Protection (Noise) team (attached to the report at Appendix 3) and Reading Borough Council’s Planning Team (attached to the report at Appendix 4).

The applicant stated at the meeting that the proposal for the increase in size of the rooftop terrace, as shown on Drawing 3172-85 Revision A attached to the application, had been withdrawn and Peter Narancic, Senior Licensing Enforcement Officer, confirmed that as a result, the Council’s Environment Protection (Noise) team had withdrawn their objection to the application.

The report stated that in considering 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 1.5, 8.41-8.49, 9.11-9.13 and 14.64-14.65 from the Secretary of State’s guidance issued under Section 182 of the Licensing Act 2003 (April 2018) and paragraphs 2.1-2.10, 3.2-3.3, 9.1-9.3, 9.6-9.7, 12.1-12.3, 12.6-12.8, 12.10-12.15, 12.18-12.20, 12.23-12.24, 12.26-12.27, 12.29, 12.33 and 12.35 from the Council’s Statement of Licensing Policy (October 2018).

The applicant submitted an additional document (copy of the original Ground Floor plan) for comparison purposes) at the meeting which was accepted by the Sub-Committee.

The applicant was represented by Mr Niall McCann, Consultant Solicitor, Joelson JD LLP Solicitors, who addressed the Sub-Committee on the application and responded to questions.  Mr McCann was accompanied by Ms Helen Sprason and Mr Tom Edmunds, representing the applicant, who also responded to questions from the Sub - Committee.

Clyde Masson, Principal Licensing Officer, Reading Borough Council and Richard Eatough, Area Planning Team leader, Reading Borough Council, 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 licensing objectives, and having regard to the oral and written representations made, the Secretary of State’s guidance issued under section 182 of the Licensing Act 2003 (April 2018) and the Council’s Statement of Licensing Policy, the variation of a Premises Licence in respect of the Ground Floor layout of Market House, 1-2 Market Place, shown on Drawing 3172-85 Revision A be granted subject to the following condition:

 

The grant is subject to the grant of the appropriate planning consent for the proposed variation.  This decision is without prejudice to the Planning Applications Committee and Planning Officers future decision.