Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

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Proposal:     Application to vary the Premise Licence

Location:      McDonald’s Restaurant, Pinchington Lane, Newbury RG14 7HU

Applicant:    McDonald’s Restaurants Ltd

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on Monday 20 August 2012 and resolved to approve Application 12/01110/LQN in respect of premises known as McDonald’s Restaurant, Pinchington Lane, Newbury, RG14 7HU subject to a number of conditions which are set out below.

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 and West Berkshire Council’s licensing policy.

The Sub-Committee heard representations made by:

1.                  The Applicants: Annabel Graham-Paul (Barrister), Andy Holtorp (Operations Consultant) and Aran Warsforld (Business Manager for the Store)

The Licensing Sub-Committee also considered the representations of the following who did not attend: Newbury Town Council.

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 12/01110/LQN, to remove Condition 1 from licence number 09/01622/LQN and amend the layout of the premises, be granted subject to the conditions as in the operating schedule, any relevant mandatory conditions in ss19-21 of the Licensing Act 2003 and the following variations, the Sub-Committee also gave the reason(s) for their decision:

1.                  Condition 2 as set out in Annex 3 of the Premise Licence dated the 11 June 2012 ‘No late night refreshment will be provided to patrons visiting the premises on foot during the hours when late night refreshment is provided from the premises’ to be amended by the inclusion of ‘through the drive through lane’ at the end of the condition.

REASON: the prevention of public nuisance

2.                  Notices requesting consideration from the public in respect of noise levels to be placed inside the premises

REASON: the prevention of public nuisance

In addition, the following Conditions attached after the hearing on the 14/07/2009 will remain: -

3.                  A minimum of 2 CCTV cameras shall be in operation during the hours when late night refreshment is provided from the premises. These cameras will record digital images in colour covering the external area of the licensed premises.

REASON: the prevention of crime and disorder;

public safety

4.                  The licensee shall provide a contact number by which members of the public can contact staff working on the premises during the hours when late night refreshment is provided from the premises. The number shall be displayed at all times in prominent places on the external fabric of the premises.

REASON: the prevention of public nuisance

5.                  The licensee shall undertake regular litter patrols to collect litter which has been discarded at the premises and immediate surrounding area, which shall include the car park attached to the premises.

REASON:  the prevention of public nuisance

6.                  A record shall be maintained of the litter collections, which shall record the fact that the litter collection was undertaken and the member(s) of staff who undertook the litter collection. The record of litter collections  ...  view the full decision text for item 2.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 12/01110/LQN in respect of McDonalds Restaurant, Pinchington Lane, Newbury, RG14 7HU.

In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council) and Annabel Graham-Paul (Barrister), Andy Holtorp (Operations Manager) and Aran Warsfold (Business Manager) (Applicant) addressed the Sub-Committee on this application.

Ms Matheou, in addressing the Sub-Committee, raised the following points:

·          Under section 34 of the Licensing Act 2003 an application to vary the existing premise licence (09/01622/LQN) had been received on the 26 June 2012 from McDonald’s Restaurants Limited;

·          The application to vary the licence related to licensable activity as set out in section L of the application form which related to the provision of late night refreshment and section O which related to the hours the premises were open to the public.

·          The application sought to remove condition 1 of the existing premise licence thereby permitting the sale of refreshments on the premises between 23h00 and 05h00;

·          The exiting premise licence only permitted the sale of refreshments at these times through the drive through operation;

·          Within the prescribed 28 day consulting period the Licensing Department had received one representation and this had been an objection from Newbury Town Council;

·          No mediation had taken place on this application.

Annabel Graham – Paul and Andy Holtorp, in addressing the Sub-Committee, raised the following points:

·          Ms Graham –Paul was acting as the legal representative on behalf of McDonald’s Restaurants Limited, The Business Manager for the unit Mr Aran Warsfold was present to answer any specific questions relating to the premise and Mr Andy Holtorp would also be addressing the Sub-Committee.

·          The applicant’s were seeking to remove Condition 1 in Annex 3 of licence number 09/01622/LQN. In the event that Members were minded to agree to the removal of Condition 1 it would also seem appropriate to amend Condition 2 to ensure that it pertained to the drive through element of the business only;

·          The application also sought to amend the internal layout of the premise following the refurbishment of the site that had recently taken place;

·          The applicants had undertaken informal consultation with the Sgt David Milson of Thames Valley Police in relation to the removal of the Condition restricting operation to the drive through section of the restaurant during the hours of 23h00 to 05h00;

·          The applicants had explained how the business would operate and the safeguards that were in place to Sgt Milson;

·          His favourable reaction to the consultation had led to the submission of this application;

·          The applicants hoped that this informal consultation process would allay Newbury Town Council’s concerns relating to the police;

·          In respect of the location of the site it was noted that surrounding residential developments were located some distance from the premise and that in many cases they were separated from the site by the A339 which was a busy road;

·          The premise was located in a retail park and in addition there was a  ...  view the full minutes text for item 2.