Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 16^th March 2015 and resolved to approve Application 15/00099/LQN made by Moto Hospitality Ltd for a Premises Licence in respect of premises known as Moto Chieveley Service Area, Oxford Road, Hermitage, Newbury, RG18 9XX 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 (issued June 2014) and West Berkshire Council’s Licensing Policy.

The Sub-Committee heard representations made by:

1.                  The Applicant:         Leo Charalambides (Counsel for the Applicant) and Mr Tim

Moss CEO of Moto Hospitality Ltd

2.                  Ward Member:         Councillor Hilary Cole, Ward Member for Chieveley

The Sub-Committee also had regard to written documentation which had been submitted by the Applicant.  These documents included letters sent by the Applicant to Chieveley Parish Council and Councillor Hilary Cole and documentation relating to the Arlo design and interior.  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 15/00099/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The Sub-Committee noted that prior to the hearing Chieveley Parish Council had formally withdrawn its objection to the Application after being provided additional information by the Applicant.

The Sub-Committee also noted the objection to the application made by Councillor Hilary Cole, Ward Member on the basis of the two licensing objectives, namely the prevention of crime and disorder and the protection of children from harm.

The Sub-Committee noted that a representation was made on the basis that the area was already well served in relation to the licensed premises and the sale of alcohol suggesting that there was no need for the Application to be granted at this location.  However, the question of need is not a matter for the Licensing Authority, as noted in paragraph 13.18 of the Department for Culture, Media and Sport Guidance on the Licensing Act 2003 (issued June 2014).  Furthermore, it was noted that the Council had not adopted a special policy in respect of the cumulative impact of licensed premises in this locality.  The existence of other licensed premises in the locality of the application site was therefore not a relevant consideration for the Licensing Sub-Committee.

The Council as Licensing Authority must determine each application under the Licensing Act 2003 on its merits, and every decision must be both justified and proportionate based on the available evidence. 

The Sub-Committee considered that general concerns were raised in objection to this Application and noted that these  ...  view the full decision text for item 2.

Prior to the Licensing Sub-Committee commencing, Mr Leo Charalambides asked if the sub-committee, and all parties present, would be minded to review supplementary information that had already been supplied to the Parish Council and Councillor Hilary Cole (as Ward Member). All parties present approved and Members reviewed the supplementary information.

The start of the Licensing Sub-Committee was delayed until 2:05pm to allow those present to digest the information.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 15/00099/LQN in respect of Moto Chieveley Service Area, Hermitage.

In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council), Mr Leo Charalambides (Counsel for Moto Services) with Mr Tim Moss (CEO Moto Services) and Councillor Hillary Cole (Ward Member and Objector) addressed the Sub-Committee on this application.

Ms Emilia 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 for a premises licence for Moto Chieveley Service Area, Hermitage.

·          The application was accepted on 20^th January 2015 and the responsible authorities were advised of the application by email the same day.

·          The new application was for the provision of the sale of alcohol in a restaurant. Monday to Sunday from 11:00 to 23:00 hours - for consumption on the premises only.

·          The 28 day consultation period ran until the 18^th February 2015.

·          During the statutory consultation period of 28 days, two representations had been received; the first, by Chieveley Parish Council and the second by Councillor Hillary Cole.

·          The objections took into account two of the licensing principles; “The prevention of crime and disorder” and “the protection of children from harm”.

·          The Parish Clerk of Chieveley notified the local authority on the 13 March 2015 that following subsequent information from Mr Nick Walton, the agent, they had decided to no longer object to the application and therefore the licensing authority were minded to class this as a withdrawal of representation.

·          The application had been advertised in accordance with the regulations with blue notices displayed at the premises, witnessed by an officer and by publishing a notice in a local newspaper.

·          No representations were received from Responsible Authorities.

Councillor Paul Bryant sought clarification on a point within the applicant’s submissions which stated that the sale of alcohol was designed to complement a meal. Emilia Matheou confirmed that if Members were minded to permit licensing the applicant to sell alcohol for consumption on the premises, no restrictions could be placed on the type of alcohol offered. Ms Matheou confirmed that another premise on the site, Marks and Spencer Simply Food, had a license for the sale of alcohol for consumption off the premises.

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

·          The application was seen as modest for the site and Moto Hospitality was already a licence holder at the site.

·          The site was highly regulated due to the adult gaming section and the sale of fuel. There had not been  ...  view the full minutes text for item 2.