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Agenda item

Application No. 14/01060/LQN, Wokefield Park, Mortimer Reading

Meeting of Licensing Sub-Committee, Wednesday, 13th August, 2014 2.00 pm (Item 3.)

Proposal: Application for Premises Licence

Location: Wokefield Park, Goodboys Lane, Mortimer, Reading. RG7 3AH

Applicant: De Vere Venues

Decision:

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 13^th August 2014 and resolved to approve Application 14/01060/LQN in respect of premises known as Wokefield Park, Goodboys Lane, Mortimer, Reading, RG7 3AH 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 in June 2014) and West Berkshire Council’s licensing policy.

In determining the Application the Sub-Committee considered all of the relevant evidence and information presented to it, both written and oral. The Sub-Committee heard representations made by:

1. The Applicants: Ms Sally Hills and Mr Dave Longcake on behalf of De Vere Venues Group Limited

2. The Objectors: Mr Chris Faulkner (local resident)

Decision:

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 14/01060/LQN be granted subject to the conditions set out in the operating schedule, as amended by the applicant and detailed below, as well as the relevant mandatory conditions of the Licensing Act 2003 or secondary legislation.

The amendments to the operating schedule are as follows:

Box J: Sale of Alcohol

Monday-Thursday 10:00 – 01:00

Friday-Saturday 10:00 – 02:00

Sunday 10:00 – 00:00

Box A: Plays; Box B: Films; Box E: Live Music; Box F: Recorded Music; Box G: Performances of dance; Box H: Anything of a similar description to that falling within box (e), (f) or (g)

Monday-Thursday 19:00 – 01:00

Friday-Saturday 12:00 – 02:00

Sunday 12:00 – 00:00

Box E: Live Music (Outside in a marquee)

Friday-Saturday 12:00 – 00:00

Box F: Recorded Music (in a marquee)

Friday-Saturday 12:00 – 01:00

Reasons:

The Sub-Committee in reaching their decision noted that the written objections made by Mr. Ferguson and Mr. and Mrs Rockhill were withdrawn.

The Sub-Committee noted that mediation had taken place with all of the Objectors, as well as another concerned local resident, after the Application was submitted and prior to the Hearing. It was during this mediation that the Applicant agreed to amendments to the operating schedule. The Sub-Committee were satisfied that the agreed changes to the operating schedule promoted the four licensing objectives.

With regard to issues raised in relation to planning, 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 noted that the Objector had indicated concerns on the basis of the licensing objectives. However, 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 the imposition of any additional conditions to those referred to above. In particular, the Sub-Committee 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. It was also noted that no formal complaint had been made in relation to noise to the Environmental Health Department of the Council.

Cllr: Peter Argyle (Chairman)

Cllr:Adrian Edwards

Cllr:Andrew Rowles

Date: 13 August 2014

Minutes:

The Sub-Committee considered a report (Agenda Item 2(2)) concerning Licensing Application No. 14/01060/LQN submitted by De Vere Venues Group Limited in respect of premises at Wokefield Park, Goodboys Lane, Mortimer, Reading. RG7 3AH.

In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council), Ms Sally Hills and Mr Dave Longcake (representing the Applicant) and Mr Chris Faulkner (objector) 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 De Vere Venues Group Ltd, Wokefield Park, Goodboys Lane, Mortimer, Reading, RG7 3AH. The application was submitted on 26^th June 2014.

· The Responsible Authorities were advised of the application on 26^th June 2014.

· The application was for a new premises licence to replace the existing Premises Licence for Wokefield Park ref: 14/01154/LQN. The proposed licensable activities at the premises were regulated entertainment (plays, films, live and recorded music and performances of dance), the provision of Late Night Refreshment both indoors, the sale by retail of alcohol both on and off sales all in accordance with the times set out in the agenda. In addition, alcohol sales for residents were requested for 24 hours a day.

· The 28 day consultation period ran until 24th July 2014.

· The application was advertised in accordance with the regulations with blue notices displayed at the premises (witnessed by an officer on 10^th July 2014) and by publishing in a local newspaper, the Reading Post on 2^nd July 2014.

· During the statutory consultation period, representations were received from:

1. Mr Chris Faulkner on 21^st July 2014

2. Mr Keith and Mrs Sue Rockhill on 22^nd July 2014

3. Mr Andy and Mrs Debbie Fisher on 23^rd July 2014

4. Mr Gavin Ferguson on 23^rd July 2014

One representation (from a Mr and Mrs Davies) had been received on 26^th July 2014 which was outside the 28 day consultation period and was therefore not included in the agenda. However, Mr and Mrs Davies were invited to attend the meeting.

· No representations had been received from the Responsible Authorities.

· An informal mediation meeting organised by the applicant’s agent took place on Monday 28^th July 2014 and all the objectors were invited to discuss their concerns. The meeting was also attended by Mr Dave Longcake, Designated Premises Supervisor, Sarah Gander (Sales Director for De Vere Venues Group Ltd and a Licensing Officer from West Berkshire Council.

Following mediation the agent acting for De Vere venue consulted with her clients and taking on board the concerns of the objectors, offered the following amendments to the application:

1. Amend the start time for alcohol to 10.00 am Monday to Sunday rather than 8.00 am as requested on the application.

2. Reduce the regulated entertainment to start at 7.00 pm on Monday to Thursday, and from 12.00 noon on Friday, Saturday and Sunday rather than 10.00 am for all days as requested on the application.

3. Outside live music in a marquee to finish by midnight (Friday and Saturday) rather than 2.00 am as requested on the application.

4. Recorded music in a marquee to finish by 1.00 am (Friday and Saturday) rather than 2.00 am as requested on the application.

Following mediation, Mr and Mrs Rockhill and Mr Ferguson withdrew their objections. The Sub-Committee noted that Mrs Fisher was unable to attend the meeting and had asked for her emailed comments to be taken into account. With the agreement of all the parties, the email from Mrs Fisher was circulated to the Sub-Committee.

In response to a question from Councillor Peter Argyle, Ms Matheou said that the current opening hours operating hours for Wokefield Park were as follows:

Live and Recorded music:

19:00 – 12:00 midnight – Monday to Thursday

19:00 – 01:00 – Friday and Saturday

19:00 – 12:00 midnight – Sunday

Sale of alcohol:

10:00 – 12:00 midnight – Monday to Thursday

19:00 – 01:00 – Friday and Saturday

19:00 – 12:00 midnight – Sunday

Ms Sally Hills (representing the applicant), in addressing the Sub-Committee, raised the following points:

Rather than applying for a variation to the existing licence, De Vere venues had submitted an application for a new premises licence as the changes requested were thought to have been too significant for a variation.
For personal reasons, the current Designated Premises Supervisor, Darren Townsend would be leaving Wokefield Park and would be replaced with by Mr Dave Longcake.
The premises had been located at Wokefield Park for some years and mainly constituted a conference centre and golf course.
The application for a new premises licence with extended hours was driven by customer demand and the need to extend the usage of the premises. Currently the venue used a large number of Temporary Events Notices to cover events with extended hours and it was hoped that the new licence would remove this requirement.
The applicant had arranged a meeting with all the objectors (including those whose objection was out of time) to the application on 28^th July 2014. As a result of the meeting, the Regional Director of De Vere Venues had suggested a number of amendments to the original application in response to the concerns raised by the objectors. The Management of Wokefield Park had also undertaken to address a number of concerns raised by local residents that were unrelated to the licensing application.
In response to the concerns raised at the mediation meeting, the applicant had offered to amend the application, as set out in the Licensing Officer’s report above.
The objectors had raised the issue of noise at Wokefield Park despite no complaints being made to Environmental Health for over a year. A number of measures had been put in place to deal with noise issues including signage asking customers to leave the venue quietly. Particular measures had been put in place to deal with noise escaping from the Maple Suite which had been identified as a particular problem.

In response to a question from Councillor Andrew Rowles, Mr Longcake said that in a twelve month period there might be three marquee events on the front lawn and a small number of weddings on the back lawn. There had been no complaints received regarding noise from the marquees when they were used.

Following an additional question, Mr Longcake confirmed that three large air conditioning units were in place in the Maple Suite to ensure the doors remained closed to limit the escape of noise.

Mr Chris Faulkner (objector), in addressing the Sub-Committee, raised the following points:

· The objectors had questioned why it was necessary for a conference centre to have a licence with such extensive alcohol and entertainment hours for 365 days a year.

· Mr Faulkner was one of the closest neighbours to Wokefield Park, living 1.5 miles from the venue and the noise was very obvious. There was concern about the effect of the noise levels on local residents and businesses which included a dairy farm to the south where work started at around 5.00 am.

· It was felt that dealing with events using Temporary Events Notices was preferable to granting a licence that allowed events to take place as often as the venue wished.

· The postcode for the venue was incorrect and that had had considerable impact on the local residents. Guests of Wokefield Park requested directions on a frequent basis and traffic problems were caused in the narrow lanes around the venue.

· The venue had been operating as a hotel despite not having the necessary C1 permissions to allow this. However, Mr Faulkner added that the venue was no longer referred to as a hotel on its website.

· Several different events could be held on one day at the venue, resulting in hundreds of people arriving and leaving the venue. Again this caused significant problems in to the roads around Wokefield Park.

· Mr Faulkner said he had made a number of representations to the management of the hotel over the years and had been told that the resources had not been available to deal with the issues.

· Local residents had not been informed when the venue had applied for Temporary Events Notices over the years.

In response to a question from Councillor Andrew Rowles, Mr Faulkner said he had last complained to the venue two months previously regarding a man who had knocked on his door at 1.30 am asking for directions to Wokefield Park.

Mr Faulkner had said that he had lived in his property for 25 years and the problems associated with the venue had escalated as the business had grown.

In response to a question from Councillor Adrian Edwards, Mr Faulkner said his property was slightly north east of the venue.

In summing up, Sally Hills (representing the applicant) made the following points:

· Legally the licence holder was not required to inform local residents regarding Temporary Events Notices.

· The planning consent and postcode issues were not relevant to the licensing application

· Noise concerns were relevant and valid in some respects and as a result, the De Vere venues management had put measures in place to deal with the escape of noise.

In response to a question from Councillor Andrew Rowles, Sally Hills said that the Regional Director was working on issues to do with the incorrect postcode.

Mr Chris Faulkner informed the Sub-Committee that at the mediation meeting on 28^th July 2014, the applicant had been asked to withdraw the application until mutual trust had been established with neighbours then reapply.

Having taken the representations into account, the Licensing Sub-Committee RESOLVED that Application reference 14/01060/LQN in respect of premises at Wokefield Park, Goodboys Lane, Mortimer, Reading, RG7 3AH be granted subject to the conditions as amended by the applicant and detailed below, as well as the relevant mandatory conditions of the Licensing Act 2003 or secondary legislation.

The amendments to the operating schedule were as follows: