Agenda, decisions and minutes

To receive any declarations of interest from Members.

Councillor Andrew Rowles declared an interest in Agenda Item 1, advising the meeting that he knew Mr & Mrs Carter but reported that, as his interest was not personal and prejudicial, he determined to remain to take part in the debate and vote on the matter.

Councillors Andrew Rowles, Paul Bryant and Billy Drummond declared an interest in Agenda Item 1, advising the meeting that they knew Councillor Paul Hewer but reported that, as their interest was not personal and prejudicial, they determined to remain to take part in the debate and vote on the matter.

Councillor Andrew Rowles declared an interest in Agenda Item 2, advising the meeting that he had been on the Planning Committee for Sainsbury’s Planning Application; Councillor Paul Bryant declared an interest in Agenda Item 2 as he had been Chairman to the Planning Committee for Sainsbury’s Planning Application.  Both Councillors reported that, as their interest was not personal and prejudicial, they determined to remain to take part in the debate and vote on the matter.

Proposal:     Premises Licence

Location:      Hungerford Town Football Club, Bulpit Lane, Hungerford RG17 0AY

Applicant:    Mr John Smith, Club Secretary

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on Monday 29 July 2013 and resolved to approve Application 13/01058/LQN in respect of premises known as Hungerford Town Football Club, Bulpit Lane, Hungerford RG17 0AY 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: Steven Skipworth

2.                    The Objectors: Rhona Carter, Anna Smy (Environmental Health)

3.                  Supporter: Cllr Paul Hewer

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

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 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.                  Outdoor live music is not permitted.

REASON: Prevention of public nuisance

2.                  Outdoor recorded music is permitted only through speakers with noise limiters attached as approved by West Berkshire Council Environmental Health Team.

REASON: Prevention of public nuisance

3.                  During indoor regulated entertainment all doors and windows to be kept shut except for access.

REASON: Prevention of public nuisance

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 13/01058/LQN in respect of Hungerford Town Football Club, Bulpit Lane, Hungerford RG17 0AY.

In accordance with the Council’s Constitution, Brian Leahy (Licensing Manager, West Berkshire Council), Mr Steven Skipworth (Chairman of Hungerford Town Football Club - Applicant), Anna Smy (Environmental Health – Responsible Authority), Mrs Carter (Objector) and Councillor Paul Hewer (Supporter) addressed the Sub-Committee on this application.

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

·          West Berkshire Licensing had received three (3) objections to the Application made by Hungerford Town Football Club.  The objection by Environmental Health had been mediated out with a list of conditions attached.  Anna Smy would speak on behalf of Environmental Health the Responsible Authority to provide clarification.  The paperwork was comprehensive, the objectors were in attendance and therefore it was a decision for the Members to make.

Mr Steven Skipworth (Chairman of Hungerford Town Football Club), in addressing the Sub-Committee, raised the following points:

·          He firstly wished to offer an apology regarding the noise pollution at the recent match.  It had been a finals play off that had gone to extra time.  He went on to list the improvements that had already been started.

·          The Horns that had been used for the last 40 years, sited around the site had been taken down and replaced by speakers that were only sited at the club end of the site.

·          A noise pollution system had been put in place.

·          The Club had a new contract in place that required all  doors and all windows other than those at the park side of the building to remain closed.

He had received a number of letters of support that unfortunately had been received too late to include with the paperwork.  One of the main reasons for the application was that currently only members of the Club could be served alcohol; any visitors attending any function could not.  The Club wanted to be able to sell alcohol to members and their visitors.  He advised that he was unaware of any previous complaints regarding noise.

Councillor Billy Drummond asked if the Club issued a contact number for people to use if they wished to make a complaint regarding noise etc.  Mr Skipworth replied that they did, they also had the Club telephone diverted.  They also issued match fixture leaflets and flyers for functions like weddings so that local residents were aware.

Councillor Paul Bryant asked Mr Skipworth to clarify the statement on page 29 – “At a site meeting with the Club Secretary on 26 June 2013 he agreed for a condition to be included that during indoor regulated entertainment all doors and windows be kept shut and also that outdoor live music be removed from the application”, was he still happy with that condition?  Mr Skipworth responded that he was.  Councillor Bryant asked how the Club was going to deal with the current hot weather.  Mr Skipworth responded to say that their current contract  ...  view the full minutes text for item 4.

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 29 JULY 2013 and resolved to approve/reject Application 13/01020/LQN in respect of premises known as 170-174 Andover Road, Newbury RG14 6NT 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: Sabrina Cader (Solicitor on behalf of Sainsbury’s Supermarkets Ltd)

2.                  The Objectors: Councillor David Allen

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

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 13/01020/LQN in respect of Sainsbury’s Supermarkets Ltd., redevelopment of Falkland Service Station forecourt Store, 170-174 Andover Road, Newbury RG14 6NT.

In accordance with the Council’s Constitution, Brian Leahy (Licensing Manager, West Berkshire Council), Sabrina Cader (Solicitor acting on behalf of Sainsbury’s Supermarkets) and Councillor David Allen (Objector) addressed the Sub-Committee on this application.

Mr James Powell (Store Manager for Sainsbury’s) and Mr Giles Taylor (representative for Rontec) were also at the hearing.

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

·          This Application is for a Premise Licence for Sainsbury’s Supermarkets at 170-174 Andover Road, Newbury RG14 6NT.  Only one objection from Newbury Town Council had been received, no other objections had been logged.

Sabrina Cader (Solicitor speaking on behalf of Sainsbury’s Supermarket), in addressing the Sub-Committee, raised the following points:

·          The reason for this application was because Rontec and Sainsbury’s had a contract to sell the premises to Sainsbury’s, Rontec had their existing premise licence and wished to continue trading right up until the day of exchange.  This therefore meant it was easier for Sainsbury’s to apply for a new licence.  The site would close for approximately 3 months then Sainsbury’s would take over.  The site had been licensed for over 10 years and during that time there had been no issues raised by either the police or environmental health.  Sainsbury’s operating format was 07.00am until 11.00pm 7 days a week.  Sainsbury’s was a responsible company who operated the Challenge 25 policy, all cashiers had to receive a 100% pass rate and training was refreshed every 6 months.  Sales transactions were downloaded in the back office and could be accessed immediately if required.  Mystery shoppers were sent by Sainsbury’s on a regular basis and CCTV was in operation.  Sainsbury’s put great store in their Store Managers and would therefore urge any issues that might arise between residents and the store to be discussed with the appropriate manager.

Councillor David Allen (Newbury Town Council), in addressing the Sub-Committee, raised the following points:

·          He was attending the meeting with his Town Council hat on and he was also a member of its Planning and Highways Committee that had discussed this application at the meeting on Monday 01 July 2013.

·          The Committee objected to the licensing application on four grounds:

1.      The prevention of crime and disorder.

2.      Public safety.

3.      The prevention of public nuisance.

4.      The protection of children from harm.

·        The reasons for the objections were because the Premises Licence Application stated the store would be open for 24 hours a day when planning permission had only granted 7.00am – 10.00pm Monday to Saturday and 7.30am to 9.00pm on Sundays and Bank Holidays therefore the Premises Licence requested sale of alcohol outside of the restricted store opening times.

·        The 16 hour sale of alcohol was inappropriate in a residential area.

·        The 16 hour sale of alcohol was inappropriate in a  ...  view the full minutes text for item 5.