Agenda, decisions and minutes

To receive any declarations of interest from Members.

Proposal:     Application for Premises Licence

Location:      Redwood House Restaurant, Coldharbour Road, Hungerford, RG17 0HR

Applicant:    Kitchen Angels Ltd

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 2^nd July 2014 and resolved to approve Application  reference14/00748/LQN made by Kitchen Angels Ltd in respect of premises known as Redwood House Restaurant, Coldharbour Road, Hungerford, RG17 0HR 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 (issued in June 2014) and West Berkshire Council’s Licensing Policy.

The Sub-Committee heard representations made by:

1.                  The Applicants: Hassan Guerroudj and Lizzette Flake on behalf of Kitchen Angels Ltd

2.                  The Objectors:  Mr James Giggins and Mrs Jan Giggins

Decision:

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application reference14/00748/LQN be granted subject to the conditions set out in the operating schedule and any relevant mandatory conditions as prescribed by the Licensing Act 2003 or secondary legislation. 

Reasons:

The Sub-Committee in reaching their decision noted that the objectors had questioned the notifications that were given advertising the application.  The Licensing Officer confirmed that all the procedural requirements had been checked by the Licensing Authority and that all the requirements had been complied with.  The Sub-Committee were therefore satisfied that the application was properly made.

With regard to issues raised in respect of the planning process, the Sub-Committee did not consider that those issues were relevant to the Application for a premises licence which is made under a distinct regulatory regime.  The Sub-Committee had regard in particular to Section 13 of the Council’s Licensing Policy which states that “the Council will at all times separate its licensing and planning roles.”

The Sub-Committee noted that a survey had been conducted by the Applicant and a document was submitted with 98 signatures indicating support for (or no objection to) the Application.  As this document failed to refer to any of the four licensing objectives, this was disregarded by the Sub-Committee in reaching their decision. 

The Sub Committee noted that the Objector had indicated concerns on the basis of all four licensing objectives.  The Sub-Committee did not consider that the objections raised were supported by evidence which would be sufficient to justify refusal of the licence or any additional conditions to those referred to above. 

In reaching its decision, the Sub-Committee also noted that none of the Responsible Authorities had raised objections to the Application on the grounds of public safety, the protection of children from harm, crime and disorder or public nuisance.  

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application No. 14/00748/LQN submitted by Kitchen Angels Ltd in respect of premises at Redwood House Restaurant, Coldharbour Road, Hungerford, RG17 0HR.

In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council), Mr Hassen Guerroudj (on behalf of the Applicant) and Mrs Jan Giggins and Mr James Giggins (Objectors) addressed the Sub-Committee on this application.

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

·          West Berkshire Council’s  Licensing Service received an application made under section 17 of the Licensing Act 2003 for a new premises licence to be granted for the premises at Redwood House Restaurant. The application was submitted on 13^th May 2014.

·          The Responsible Authorities were advised of the application by email on 13^th May 2014.

·          The application was for the sale, by retail, of alcohol, (for consumption on and off the premises) and recorded music: Monday to Sunday from 1000 to 2300 hours.

·          The 28 day consultation period ran until 10^th June 2014. The application was advertised in accordance with the Regulations with blue notices displayed at the premises (witnessed by an officer on 16^th May 2014) and by publishing a notice in a local newspaper, The Advertiser on 16^th May 2014.

·          During the statutory consultation period of 28 days, representations were received on 7^th June 2014 from Mr James Giggins and 9^th June 2014 from Mrs Jan Giggins who objected to the application based on the licensing objectives.

·          No representations were received from the Responsible Authorities.

·          The applicants conducted a survey and petition on 12^th June 2014 from 1.00 pm – 3.00 pm. The petition contained 98 signatures in support of the application and included the residents of houses in close proximity to the Redwood House restaurant along with residents of Redwood House and Lindley Lodge.

·          Written support had also been received from Mear’s Manager, Christopher Mitchell (in house care provider). The onsite Sovereign Scheme Manager, Liz Fisher had also indicated her support to the applicant.

·          No mediation had taken place and the objectors had specifically requested that their representations be heard by the Licensing Sub-Committee.

Mr Hassen Guerroudj (on behalf of the Applicant), in addressing the Sub-Committee, raised the following points:

·          His company, ‘Kitchen Angels’ took over the Redwood House restaurant in March 2014 and almost immediately identified a need for an alcohol licence to allow residents and their guests to enjoy a drink with their meals in a restaurant setting rather than having to stay in their rooms. The intention was also to bring the residents of the two buildings (Redwood House and Lindley Lodge) together as a community.

·          The restaurant currently offered a 25% discount on food to residents and as a result of offering such competitive prices the business was struggling to achieve the profits they hoped for. It was hoped that an alcohol licence would help achieve those profits. However, there was no intention to attract ‘lager lout’ drinkers  ...  view the full minutes text for item 2.