Agenda, decisions and minutes

To elect a Chairman for the Sub-Committee.

Following a vote, Councillor Tony Linden was elected as Chairman of the Sub-Committee.

Ms Knowles referred to the absence of the Applicant and invited the Sub-Committee to consider whether it wished to continue with the hearing. Mrs Fraser confirmed that the Applicant had been advised both verbally and in writing that the hearing could take place in their absence. They had also been invited to send a representative but had declined to do so. Following a unanimous vote, the Sub-Committee agreed to continue with the hearing in the absence of the Applicant.

To receive any declarations of interest from Members.

There were no declarations of interest received.

Proposal:     Application to Vary a Premise License

Location:      Spoons Coffee Shop Ltd, Unit 7, The Colonnade, Overdown Road, Tilehurst, Reading, RG31 6PR

Applicant:     Spoons Coffee Shop Ltd

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 13^th January 2022 and resolved to approve in part Application 21/01001/LQN in respect of a variation to an existing premise licence 19/00975/LQN at Spoons Coffee Shop Ltd, Unit 7, the Colonnade, Overdown Road, Tilehurst, Reading, RG31 6PR subject to 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 Home Office Revised Guidance issued under section 182 of the Licensing Act 2003 and West Berkshire Council’s Statement of Licensing Policy.

The Applicant did not attend the hearing and had informed the Licensing Authority that they did not intend to attend or be represented at the hearing. The Sub-Committee considered this and the fact they may proceed in the Applicant’s absence. The Sub-Committee exercised their discretion to proceed with the hearing in the circumstances.

The Licensing Sub-Committee considered the Application and the written representations the Applicant made therein.

The Sub-Committee considered written representations from the Objector, Tilehurst Parish Council, and heard oral representations made by:

1.            The Objector: Councillor Clive Taylor and Miss Jacky Major of Tilehurst Parish Council

2.            Ward Councillor: Councillor Rick Jones

Decision

Having taken all representations into account, the Licensing Sub-Committee RESOLVED that Application 21/01001/LQN be granted in part and Premises Licence 19/00975/LQN be varied, but in accordance with the operating schedule set out below, and subject to the existing licence conditions and any relevant mandatory conditions pursuant to ss19-21 of the Licensing Act 2003. The part of the Application to include late night refreshment was rejected.

Operating Schedule

Box F: Recorded Music

Monday to Saturday 07:00 – 23:00

Sunday 09:00 – 22:00

Indoors only

Box J: Supply of Alcohol

Monday to Saturday 07:00 – 23:00

Sunday 09:00 – 22:00

On premises

Box L: Hours premises are open to the public

Monday to Saturday 07:00 – 23:00

Sunday 09:00 to 22:00

Reasons

The Sub-Committee carefully considered the Application and noted that the premises is currently being used during the day as a coffee shop. The Applicant would like to open the premises in the evenings and Sundays to provide a restaurant/bistro. To this end, the Application sought to vary the existing premises licence in respect of supply of alcohol, which was permitted 07:00 – 16:00 Monday to Friday and 08:00 – 13:00 Saturday on and off premises, to 07:00 – 00:00 Monday to Saturday and 09:00 – 23:00 Sunday on premises only. The variation also included a request for additional licensable activities in the form of recorded music and late night refreshment in accordance with the extension of hours sought, as applicable. With reference to the Application and plan, supply of alcohol and recorded music would be indoors only. The part of the Application related to late night refreshment sought to extend the  ...  view the full decision text for item 18.

The Chairman explained the hybrid meeting process. Those participants who had joined the meeting via Zoom confirmed they had heard and understood the introduction.

The Sub-Committee considered a report (Agenda Item 3(1)) concerning a Licensing Application for a variation to an existing premise licence in relation to Spoons Coffee Shop Ltd, Unit 7, The Colonnade, Overdown Road, Tilehurst, Reading, RG31 6PR. This application had been recorded under reference number 21/01001/LQN.

In accordance with the Council’s Constitution, Mr David Macey (Licensing Officer, West Berkshire Council), Councillor Clive Taylor (Objector - Tilehurst Parish Council), Miss Jacky Major (Objector - Tilehurst Parish Council) and Councillor Rick Jones (Ward Member) addressed the Sub-Committee on this application.

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

·         The application to vary the existing premises licence was submitted in November 2021. It had been correctly advertised by Blue Notice in the premises window, and also by publication on the 25^th November 2021 in the Reading Chronicle.

·         The 28 day consultation period ran from the 19^th November to 16^th December 2021 with one representation received from Tilehurst Parish Council. There had been no responses from any of the responsible authorities.

·         The existing licence issued on 6^th November 2019 permitted the sale of alcohol from 7:00AM until 4:00PM Monday to Fridays, and from 8:00AM until 1:00PM on Saturdays.

·         This application was to vary the licence to permit sales on the premises from 7:00AM until midnight Monday to Saturday, and on Sunday from 9:00AM until 11:00PM with the premises being open those same hours, and also for late night refreshments from 11:00PM until midnight Monday to Saturday, indoors and outside in the private garden.

·         Late night refreshments referred to any hot food or drinks served after 11:00PM and before 05:00AM.

·         There had been no recorded issues at the site since the original licence was granted.

Councillor Abbs referred to the plans in the agenda pack which appeared to show internal space only and asked for clarity on where the outside space was.

Mr Macey confirmed that the red area in the plans showed the already licenced area, and that the application was requesting late night refreshments for the outside area and consumption of alcohol on the inside within the red area.

Councillor Taylor confirmed that the outside area was on the right hand side of the property, not at the rear.

Councillor Jones advised that he had visited the site and spoken to the Applicant, and confirmed the outside area was to the right of the property, was within its enclosed boundaries, and that there was nothing to the rear of the property. Councillor Jones also responded to a further query from Councillor Abbs by confirming that the outside area was fenced and laid to gravel.

All parties confirmed that they had heard the presentation by Mr Macey and the subsequent questions and responses.

Councillor Taylor and Miss Major from Tilehurst Parish Council, in addressing the Sub-Committee, raised the following points:

·           The primary concern of  ...  view the full minutes text for item 18.