Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

Proposal:     Variation of a premises licence

Location:      Domino’s, 5 The Broadway, Newbury, RG14 1AS

Applicant:    Siguard Wilberg

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 15^th October 2014 and resolved to approve Application 14/01406/LQN made by Team West Ltd in respect of a variation to Premises Licence number 017405 issued in respect of premises known as Domino’s, 5 The Broadway, Newbury, RG14 1AS Berkshire 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 June 2014) and West Berkshire Council’s Licensing Policy.

The Sub-Committee heard representations made by:

1.                  The Applicants:       John Gaunt (Solicitor for the Applicant), and Sigurd Wilberg of Team West Ltd

2.                  The Responsible Authorities:     Ian Wootton representative for Public Health and Wellbeing and for the Local Safeguarding Children Board

3.                  The Objectors:        Councillor Phil Barnett on behalf of Newbury Town Council

The Sub-Committee also had regard to written documentation which had been submitted by the Applicant.  These documents included a skeleton argument produced on behalf of the Applicant, examples of the training which would be undertaken by employees of the Licence holder and the proposed additional conditions.  These documents were considered by the Sub-Committee with the consent of the other parties to the hearing.

Decision:

Having taken all relevant representations into account, the Licensing Sub-Committee RESOLVED that Application reference 14/01406/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 and the following additional conditions imposed by the Licensing Sub Committee:

1.      Alcoholic drinks will not be sold direct to customers over the counter but such sales will be limited to food delivered to home or business premises.

2.      Each sale of alcohol will be ancillary to the sale of food.

3.      Staff will receive training on matters concerning under age sales, sales to drunks and operating procedures generally with regular refresher training being provided and evidence of such training and re-training shall be provided to the police and Licensing Authority upon request.

4.      The premises shall operate a proof of age scheme and require photographic identification from any customer who appears to be under the age of 25 years at the point of delivery.

5.      The management of the premises will liaise with the police over issues of local concern or disorder.

6.      There shall be no drinks promotions at the premises which are inconsistent with the need to promote responsible drinking.

7.      Whenever alcohol is delivered to the purchaser, it shall only be delivered to a residential or business address.  The receiver of the alcohol must be able to prove to the person delivering alcohol that they are resident or an employee at the premises and must be inside the building or at a doorway of the  ...  view the full decision text for item 2.

In agreement with all parties, the start of the Hearing was adjourned until 2:30pm to allow Members and other relevant parties present time to consider additional documentation that had been tabled by the Applicant. The additional documentation amounted to a skeleton argument, four pages of the training manual (not for publication) and details of additional voluntary conditions being offered by the applicant.

The meeting reconvened at 2.30pm.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 14/01406/LQN in respect of Domino’s, 5 The Broadway, Newbury.

In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council), John Gaunt of John Gaunt and Partners (representing the Applicant) and Sigurd Wilberg (Applicant), Councillor Phil Barnett (objector) and Ian Wootton (Responsible Authority) addressed the Sub-Committee on this application.

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

·          West Berkshire Council received an application made under Section 34 of the Licensing Act 2003 to vary a premises licence for Dominos in Newbury.

·          The application was accepted on 2 September 2014 and the responsible authorities were advised of the application by email the same day.

·          The application was to include the sale by retail of alcohol, for consumption off the premises from Monday to Sunday 10:00am to 5:00am. Alcohol would only be sold with food orders for home delivery.

·          The 28 day consultation period concluded on 30 September 2014.

·          The application had been advertised in accordance with the regulations with blue notices displayed at the premises, witnessed by an officer on 3 September 2014, and by publishing a notice in a local newspaper, the Newbury Weekly News, on 11 September 2014.

·          During the statutory consultation period of 28 days, two representations had been received; the first, on behalf of Public Health and Wellbeing and the Local Safeguarding Children Board (LSCB), both of which were Responsible Authorities, on 2 September 2014 and the second, from Newbury Town Council on 17 September 2014.

·          The objections to the application were based on a combination of the four licensing objectives; the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

·          Some mediation had taken place; John Gaunt, on behalf of the applicant, had emailed Public Health and Wellbeing on 12 September 2014 addressing Mr Wootton’s specific concerns.

·          Mr Gaunt also emailed Newbury Town Council on the 23 September 2014 detailing how the sale of alcohol would be controlled.

·          Both objectors had indicated that these representations should be heard by the Licensing Sub-Committee in this case.

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

·          That, having presented his skeleton argument and extracts from the training programme in writing to the Panel he would not detail them within his presentation.

·          That the applicant held the franchise for eight units and was ‘pioneering’ the delivery of alcohol as a limited facility, in addition to food.

·          That is was an important but not a substantial part of the business.

·          The choice of alcohol was limited and  ...  view the full minutes text for item 2.