Agenda item

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 premises to provide this outdoors (outside the area delineated in the premises plan attached to the existing licence).

The Sub-Committee considered the representations made by Tilehurst Parish Council, who confirmed at the hearing their objection related to the prevention of public nuisance licensing objective. Namely, there were concerns around the level of noise nearby residents would be exposed to, especially noise generated outdoors.

The Sub-Committee took into account the oral representations of the Ward Councillor, who had visited the premises and spoken to the Applicant prior to the hearing, and found those representations informative.

No Responsible Authorities had objected to the Application, including Environmental Health, who are a key source of information in relation to public nuisance. The Sub-Committee disregarded information which was not relevant to the Application and the promotion of the licensing objectives, such as matters related to the planning regime.

The Sub-Committee considered the specific location of the premises, together with the features and characteristics of the premises, the Applicant’s business and the community it serves. It was noted from the Application that the Applicant did not intend to take any additional steps, beyond those contained in the existing licence, to promote the licensing objectives as a result of the proposed variation. Therefore, there was no information from the Applicant pertaining to extra measures they would be able to take to manage noise, in particular at night-time. For example, a noise management plan was not provided.

The Sub-Committee assessed the evidence and considered the risks and benefits. The Sub-Committee decided that it would be appropriate for the promotion of the licensing objectives to grant the Application in part, but with licensable activities ending at different hours to the hours sought; 23:00 Monday to Saturday and 22:00 Sunday. For the same reasons, the proposal for late night refreshment was rejected. The Sub-Committee considered an earlier end-time by one hour at night, to the hours applied for, was suitable for this premises, and a reasonable and proportionate step to ensure the licensing objective of prevention of public nuisance was not undermined. The Sub-Committee was satisfied with the conditions already in place and having taken into account the track record of the business to date; there was no reason to modify other licence conditions.

In reaching its decision, the Sub-Committee noted that the Council as Licensing Authority must determine each application under the Licensing Act 2003 on its own merits, and every decision must be both justified and proportionate based on the available evidence and in accordance with the Statutory Guidance and the Council’s Licensing Policy.

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 the Parish Council fell under the category of the prevention of public nuisance, specifically with regards to the outside area and the nuisance it could cause given its location close to residential property.

·           Feedback had been received from local residents who were concerned about the noise that could result from the licence being extended to midnight.

·           The outside area was owned by the Landlord of the Colonnade who gave permission to the Applicant during COVID to convert the unused area to an outside seating area. The Parish Council had been led to understand that this had been a temporary arrangement.

Councillor Pask asked whether the Parish Council had any indication as to whether the Applicant was endeavouring to make the temporary COVID arrangements permanent, and approximately how many seats did they feel could be accommodated in the outside area. Miss Major advised that the Parish Council had not had any indication of whether the Applicant was intending to formalise the outside area, but it was assumed they intended to do so given the request for it to be licenced. Councillor Taylor noted that it was a relatively small area, and estimated that it would seat around 12 to 15 people.

All parties confirmed they had heard the representations from Councillor Taylor and Miss Major and the subsequent questions and responses.

Councillor Rick Jones as the Ward Member, in addressing the Sub-Committee, raised the following points:

·         It was his belief that the Applicant intended to provide a permanent service in the outside area in the evening, and that there was customer demand for that service in these premises.

·         The Colonnade of shops was surrounded by residential properties, the nearest being on the side of the outside area around 25 metres away. The properties were within hearing distance if the activity was very loud.

·         His understanding from the Applicant that there was room for negotiation on the application, both in terms of the areas that were used and the hours of operation.

·         The potential for the Sub-Committee to apply conditions and modify the scope accordingly in line with the solutions proposed by the Parish Council.

Councillor Abbs asked Councillor Jones to describe the premises and the set-up of the outside area in more detail. Councillor Jones described that approaching the premises from the front there was a raised platform for the whole Colonnade of shops. There were a few tables outside the cafes entrance, and the outside area to the side was fenced with a wicker-type material. It was around 5 metres from the side of the restaurant to the boundary, and perhaps double that from front to back. Councillor Jones agreed with Councillor Taylor’s estimate that around 15 to 20 people could be seated in that space, and highlighted that there had been no registered objections from neighbours. He stated his belief that the outside area could be reasonably controlled if the owner was careful about its management, but agreed with the risks as identified by the Parish Council.

All parties confirmed they had heard the representation from Councillor Jones and the subsequent questions and responses.

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