Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

Proposal:     Variation to a Premise Licence

Location:      Victoria Arms, 54 Victoria Road, Mortimer Common, Reading RG7 3SE

Applicant:    Mr Francis Jack Philbert

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 21 January 2013 and resolved to approve Application 12/02003/LQN in respect of premises known as the Victoria Arms, 54 Victoria Road, Mortimer Common, Reading, RG7 3SE 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: Were not in attendance.

2.                  The Objectors: Dr Elsie Fraser, John Morden (Stratfield Mortimer Parish Council) & Rosemary Green (Environmental Health Officer- Responsible Authority). 

The Licensing Sub-Committee also considered the representations of the following who did not attend: Mr & Mrs Higgs, Gael Nicholls, Ivor Rees, Jonathan Matthews, Linda Elder,  Michael Nicholls, John and Marilyn Mazillus, Mr R Thomas and Mrs P Thomas, Mr and Mrs Milne, Janet Carless, Mr and Mrs D Broom, Mr and Mrs A.J. Alder, Tony Mullen, Mr Toby Marsden, Benjamin Allen, Mr Richard Griffiths, Nicola Richer, Ms Anne Fraser, Mr Glenn Durbridge, Tim Proctor and Mrs Anne Proctor,  Mrs Dale and Mr Clack, Mr R Kimber and Mr Terry Atlee.

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 12/02003/LQN be granted subject to reduced times for the two types of regulated entertainment applied for and conditions as detailed below, any relevant mandatory conditions in ss19-21 of the Licensing Act 2003 and the following variations. 

The times that were granted for regulated entertainment are as follows:

Live music

New Year’s Eve: From the hours of 23:00hrs to 01:00hrs.

Recorded Music

From the hours of 12:00hrs to 23:00hrs, from Monday to Sunday. 

New Year’s Eve: From the hours of 12:00hrs to 01:00hrs.

Conditions

1. Noise from recorded music playing at the Victoria Arms shall be regularly monitored at the boundary of the public house to ensure that the playing of music does not give rise to noise nuisance at nearby residential properties.
2. Doors and windows to the public house shall be kept closed for the duration that recorded music is played at the premises, except for access and egress from the premises, to control noise breakout. 
3. Notices of sufficient size to allow people to read them easily, shall be placed at the exits and entrances to the Victoria Arms, reminding customers to leave quietly. 

 The Sub-Committee also gave the reasons for their decision:

1. REASON: Members consider that permitting live and recorded music until 23.00hrs is reasonable in all of the circumstances.  Additional hours for live and recorded music were refused, save for two extra hours on New Year’s Eve, due to the representations that were received regarding noise at the premises and the impact this would have on public  ...  view the full decision text for item 12.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning an application to vary an existing premise license (12/02003/LQN) in respect of the Victoria Arms, 54 Victoria Road, Mortimer Common, Reading, RG7 3SE.

In accordance with the Council’s Constitution, Amanda Ward (Licensing Officer, West Berkshire Council), John Morden (Stratfield Mortimer Parish Council) and Dr Elise Fraser (Objectors) and Rosemary Green (Senior Environmental Health Officer – Responsible Authority) addressed the Sub-Committee on this application.

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

·        The Licensing Authority had received an application to vary a premises licence under Section 34 of the Licensing Act 2003  from the Applicant Mr Francis Philbert of The Victoria Arms, 54 Victoria Road, Mortimer Common, Reading, Berkshire. RG7 3SE;

·        The consultation period ran until 2nd January 2013 and the application had been advertised correctly with the blue notice displayed at the premises and a notice placed in the Reading Post;

·        During the statutory consultation period of 28 days, representation was received from Environmental Health as well as a further 24 representations from residents;

·        No mediation had taken place and the applicant Mr Philbert had advised that he would not be attending the hearing to support his application;

·        Existing opening hours were as follows:

·        Monday to Thursday 12h00 to 24h00

·        Friday and Saturday 12h00 to 01h00

·        Sundays 12h00 – 23h00

·        Non Standard Timings were not shown on the current licence included in the committee paperwork due to an administrative error when the licence was originally issued in 2005. These permitted hours were Christmas Eve 1200 – 0100 and New Year’s Eve and Bank Holidays 1100 to 0400;

·        The Victoria Arms currently held a premises licence that allowed only the supply of alcohol during the following periods:

·        Monday to Thursday 12h00 to 24h00

·        Friday and Saturday 12h00 to 01h00

·        Sundays 12h00 – 23h00

·        Non Standard Timings Christmas Eve 12h00 to 01h00 and New Years Eve and Bank Holidays 11h00 to 04h00;

·        The Variation sought to add Regulated Entertainment Live Music and Recorded Music but did not seek to extend the hours for the sale of alcohol or the opening hours of the premises;

·        The application sought approval for the performance of live music indoors only during the following hours:

·        Monday to Thursday 12h00 to 24h00

·        Friday and Saturday 12h00 to 01h00

·        Sundays 12h00 – 23h00

·        Non Standard Timings Christmas Eve 12h00 to 03h00 and New Years Eve and Bank Holidays 12h00 to 04h00;

·        Officers had contacted Mr Philbert who had confirmed that the application contained an error and that the application for Christmas Eve should read 01h00 and not 03h00 as stated on the application   form;

·        The application sought approval for the playing of recorded music indoors only during the following hours:

·        Monday to Thursday 12h00 to 24h00

·        Friday and Saturday 12h00 to 01h00

·        Sundays 12h00 – 23h00

·        Non Standard Timings Christmas Eve 12h00 to 01h00 and New Years Eve and Bank Holidays 12h00 to 04h00;

·        The Non standard timings applied for in this application were from  ...  view the full minutes text for item 12.