Agenda, decisions and minutes

To receive any declarations of interest from Members.

Councillor Jeff Beck declared an interest in Agenda Item 2, but reported that, as his interest was personal and not prejudicial, he determined to remain to take part in the debate and vote on the matter.

Proposal:     Variation to a Premises Licence

Location:      Document House, 7-9 Wharf Street, Newbury, RG14 5AN

Applicant:    Leisure Licence Ltd

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 23^rd January 2013 and resolved to approve Application 12/02019/LQN submitted by Leisure Licence Ltd for a variation to a Premises Licence number 016230 issued in respect of premises known as Document House, 7-9 Wharf Street Newbury, Newbury RG14 5AN 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 and West Berkshire Council’s licensing policy.

The Sub-Committee heard representations from the following:

1.                  The Applicant:           Jon Payne – Solicitor for the Applicant

Mark Quaintance on behalf of Leisure Licence Ltd

                                                Sidney Rosa – Manager of Document House

2.                  The Objectors:           Mr Kim Hodges on behalf of Newbury Town Council

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 12/02019/LQN be granted subject to existing conditions as referred to in the operating schedule and any relevant mandatory conditions in ss19-21 of the Licensing Act 2003

(Councillor Jeff Beck declared a personal interest in Agenda item 2 by virtue of the fact that he was a Member of Newbury Town Council (who had objected to the application) and was a member of the Town Council’s Planning and Highways Committee. As his interest was personal and not prejudicial he was permitted to take part in the debate and vote on the matter. Councillor Beck did however advise that he would be willing to step down from this Sub-Committee if the applicant wished it. Jon Payne of Horsey Lightly Fynn (representative of the applicant) was asked for a view on this matter and he advised that he had no objection to Councillor Beck remaining on the Sub-Committee if he had not predetermined the application in his role on the Town Council. Councillor Beck made it clear that while he was on the Town Council’s Planning and Highways Committee, he took no part in the associated debate and abstained from voting on the matter at the Town Council level. Mr Payne therefore confirmed that he had no objection to Councillor Beck remaining on the Sub-Committee).

The Sub-Committee considered a report (Agenda Item 2) concerning Licensing Application 12/02019/LQN in respect of Document House, 7-9 Wharf Street, Newbury, RG14 5AN.

In accordance with the Council’s Constitution, Amanda Ward (Licensing Officer, West Berkshire Council), Jon Payne (Horsey Lightly Fynn – representative of the Applicant), Mark Quaintance (Applicant) and Kim Hodges (Newbury Town Council – Objector) addressed the Sub-Committee on this application.

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

·          The Licensing Authority received an application to vary a premises licence under Section 34 of the Licensing Act 2003. The applicant was Leisure Licence Limited.

·          The current premises licence allowed for the supply of alcohol and regulated entertainment from Monday to Sunday 10h00 – 02h30 with non standard timings from 10h00 on 31 December – 04h00 on 2 January each year. The standard opening hours of the premises were 10h00-02h30 from Monday to Sunday.

·          The consultation period ran until 30 December 2012 and the application had been advertised correctly. The variation sought to extend the hours of operating for films, live music, recorded music, performance of dance and late night refreshment on Saturday and Sunday from 0000-0400 and the supply of alcohol from 0000 – 0330 with opening times on Saturday and Sunday to be extended until 0400.

·          During the statutory consultation period of 28 days, one representation was received from Newbury Town Council on the grounds of the prevention of public nuisance, public safety, and the prevention of crime and disorder.

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

·          The licence variation application sought permission to extend opening hours to 04h00 on Saturdays and Sundays. However, it was not the intention to utilise this closing time every weekend, rather to install a greater level of flexibility for special events and customer departures.

·          With the permission of the Sub-Committee, additional information was circulated on behalf of  ...  view the full minutes text for item 2.