Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

Proposal:     Application for a Premise Licence

Location:      MAC’s Café, Bath Road, Padworth, Reading RG7 5HR

Applicant:    Mr Raffaele Vigliotti

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on Monday 17 December 2012 and resolved to approve Application 12/01798/LQN in respect of premises known as MAC’s Café, Bath Road, Padworth, Reading RG7 5HR 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 Applicant:           Raffaele Vigliotti

2.                  The Objectors:           Cllr Geoff Mayes speaking on behalf of Mr & Mrs Savage

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

Rosemary Green, Senior Environmental Health Officer

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 12/01798/LQN in respect of premises known as MAC’s Café, Bath Road, Padworth, Reading RG7 5HR 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 and the Sub-Committee also gave the reasons for their decision:

1.                  No live music will be permitted at the premises.

REASON:       For the prevention of public nuisance as agreed by the Applicant.

2.                  Recorded music will permitted to take place indoors, between the hours of 07:00 – 23:00 Monday to Saturday, and between the hours of 08:00 – 22:00 on Sundays.

REASON:       For the prevention of public nuisance as agreed by the Applicant.

Licensing Sub-Committee

MINUTES OF THE MEETING HELD ON

Monday, 17 December 2012

Councillors Present: Jeff Beck (Chairman), Paul Bryant and Manohar Gopal

Substitute: Billy Drummond

Also Present: Sarah Clarke (Team Leader - Solicitor), Denise Anns (Policy & Communication)

PART I

1.                 Declarations of Interest

There were no declarations of interest received.

2.                 Application No. 12/01798/LQN - MAC's Cafe, Bath Road, Padworth, Reading RG7 5HR

Councillor Jeff Beck advised that this morning, additional documentation had been received from Mr Rafaelle Vigliotti, and asked the objector’s representative and the Licensing Officer if they agreed to this information being submitted before the panel.

Cllr Mayes (on behalf of Mr & Mrs Savage the objectors) and Mr Chris Ellerington (Licensing Officer) responded that they were in agreement to the information being submitted before the Panel.

Councillor Jeff Beck then asked the Panel if they were willing to take the additional information into account for this Licensing Hearing.  The Panel advised that they were willing to take the additional information into account for this Licensing Hearing.

Additional documents from Rosemary Green (Environmental Health Officer) relating to the representation and subsequent withdrawal (due to mediation) were also circulated to all attendees at the hearing.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 12/01798/LQN in respect of Mac’s Café, Bath Road, Padworth, Reading RG7 5HR.

In accordance with the Council’s Constitution, Chris Ellerington (Licensing Officer, West Berkshire Council), Mr Raffaele Vigliotti (Applicant) and Councillor Geoff Mayes (speaking on behalf of the Objectors Mr & Mrs Savage) addressed the Sub-Committee on this application.

Mr Ellerington, in addressing the Sub-Committee, raised the following points:

On the 01 November 2012 West Berkshire Council Licensing Department received a full application for a premise licence to be granted under the Licensing Act 2003 from Mr Raffaele Vigliotti, The Hedges, Bath Road, Padworth, Reading RG7 5QS.  An application had been received for Mac’s Café, Bath Road, Padworth, Reading RG7 5HR.

The consultation period for the above named premise ran from 02 November 2012 to 29 November 2012.  Within the prescribed 28 day consulting period the Licensing Department received two representations.

1.      Rosemary Green, Environmental Health Officer, West Berks and    Wokingham Environmental Health & Licensing – representation – concerns about the application for Live Music – Outdoors.

2.  Mr & Mrs Savage, Hartwell, Bath Road, Padworth, Reading RG7 5HR – representation – concerns about the application in relation to noise in general and other nuisance issues.

Documents received regarding the above representations were an email from Rosemary Green on the 13 November 2012 regarding outside live music and a letter from Mr & Mrs Savage on 12 November 2012 that raised several concerns including noise in general, namely from generators running from early morning to late evening, lorries starting up in the morning with engines running (this would be to build up the pressure in the air tanks for the braking system), rubbish being deposited that in turn could provide a source of food for rodents and vermin, motorbike meetings in the  ...  view the full minutes text for item 5.