Decision details

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 2^nd July 2014 and resolved to approve Application  reference14/00748/LQN made by Kitchen Angels Ltd in respect of premises known as Redwood House Restaurant, Coldharbour Road, Hungerford, RG17 0HR subject to a number of conditions.

In coming to their decision, the Sub-Committee had regard to the four licensing objectives, which are:

1.                 the prevention of crime and disorder;

2.                 public safety;

3.                 the prevention of public nuisance; and

4.                 the protection of children from harm.

They also considered the Department of Culture, Media and Sport Guidance on the Licensing Act 2003 (issued in June 2014) and West Berkshire Council’s Licensing Policy.

The Sub-Committee heard representations made by:

1.                  The Applicants: Hassan Guerroudj and Lizzette Flake on behalf of Kitchen Angels Ltd

2.                  The Objectors:  Mr James Giggins and Mrs Jan Giggins

Decision:

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application reference14/00748/LQN be granted subject to the conditions set out in the operating schedule and any relevant mandatory conditions as prescribed by the Licensing Act 2003 or secondary legislation. 

Reasons:

The Sub-Committee in reaching their decision noted that the objectors had questioned the notifications that were given advertising the application.  The Licensing Officer confirmed that all the procedural requirements had been checked by the Licensing Authority and that all the requirements had been complied with.  The Sub-Committee were therefore satisfied that the application was properly made.

With regard to issues raised in respect of the planning process, the Sub-Committee did not consider that those issues were relevant to the Application for a premises licence which is made under a distinct regulatory regime.  The Sub-Committee had regard in particular to Section 13 of the Council’s Licensing Policy which states that “the Council will at all times separate its licensing and planning roles.”

The Sub-Committee noted that a survey had been conducted by the Applicant and a document was submitted with 98 signatures indicating support for (or no objection to) the Application.  As this document failed to refer to any of the four licensing objectives, this was disregarded by the Sub-Committee in reaching their decision. 

The Sub Committee noted that the Objector had indicated concerns on the basis of all four licensing objectives.  The Sub-Committee did not consider that the objections raised were supported by evidence which would be sufficient to justify refusal of the licence or any additional conditions to those referred to above. 

In reaching its decision, the Sub-Committee also noted that none of the Responsible Authorities had raised objections to the Application on the grounds of public safety, the protection of children from harm, crime and disorder or public nuisance.