Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

Proposal:    An application for a premises licence to be granted under the Licensing Act 2003

Location:     Best Buy Foods, 51 London Road, Newbury, West

Berkshire, RG14 1JN

Applicant:   Sivudsan Sooriyakumar

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 29 July 2025 and resolved to approve/reject Application 27129 in respect of premises known as Best Buy Foods, 51 London Road, Newbury, West Berkshire, RG14 1JN 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 and West Berkshire Council’s licensing policy.

The Sub-Committee heard representations made by:

1. The Applicants: Sivudsan Sooriyakumar and their agent Nira Suresh.

2. The Objectors: Gareth and Barbara Forshaw, Richard Howell

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application as follows:

To GRANT the premises license in relation to the sale of alcohol for consumption off the premises, between the hours of 0700hrs to 0000hrs subject to the conditions at Annex 1 below along with any relevant mandatory conditions in ss19-21 of the Licensing Act 2003. 

·       Conditions 1-16:  REASON: These conditions suggested by the Applicant provide protection to people in the shop and CCTV specifically provides protection in the shop and the immediate area of the front door.  This is a benefit to the Applicant as it promotes public safety and the prevention of crime and disorder as well as safety to staff alike.

·       Conditions 17-23:  REASON: These conditions suggested by the Applicant assist with enforcement of the licensing objectives.

·       Condition 24-26:  REASON: These conditions suggested by the Applicant will mitigate some of the concerns by the Objectors in relation to the impact on their peaceful enjoyment of their residential homes.

AND, the Licensing Sub-Committee RESOLVED to GRANT the premises license in relation to the provision of late night refreshment, between the hours of 0700hrs and 0100hrs.

Appendix 1: 

Conditions attached to Best Buy Foods, 51 London Road, Newbury, West Berkshire, RG14 1JN Premises License:

1. Prominent, clear notices shall be displayed at every public entrance stating the actual operating hours of the premises.

2. Crime prevention notices and advice shall be displayed in order to support local crime prevention initiatives.

3. All alcohol on display will be in such a position so as not to be obscured from the

constant view of the staff.

4. No single cans of beer, lager or cider at any time.

5. The premises licence holder shall advertise their age verification policy and inform customers before the sale is completed that age and identity verification may be required at delivery in accordance with the premises licence holder’s age verification policy.

6. Notices asking customers to respect the local neighbourhood and keep the noise to a minimum

7. All staff engaged in licensable activity at the premises will receive training and

information in relation to the following:

i.  ...  view the full decision text for item 4.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 27192 in respect of Best Buy Foods, 51 London Road, Newbury, West Berkshire, RG14 1JN.

In accordance with the Council’s Constitution, Nicolina Reynolds (Licensing Officer, West Berkshire Council) Sivudsan Sooriyakumar, Suresh Kanapathi (Applicant/Agent) and Gareth Forshaw, Barbara Forshaw and Richard Howell (Objectors) addressed the Sub-Committee on this application.

Officer Presentation

Ms Reynolds, in addressing the Sub-Committee, took account of all the relevant policy considerations and outlined the application timeline.

Questions to Officers

There were no questions for Officers.

Applicant Representations

Mr Sooriyakumar and Mr Kanapathi, in addressing the Sub-Committee, raised the following points:

·        The Applicant had good experience of retail working, which would make him ideal to run this premises.

·        The applicant had consulted all parties throughout the application process and aimed to champion the licensing objectives.

·        There were many residents in the surrounding area, however only two letters of objection had been received.

·        The applicant had tried to mediate concerns, but these were not accepted by the objectors. As a result, the mediated conditions offered had been withdrawn and the applicant wished to return to the existing conditions.

·        Concerns over the litter in the area would be addressed as it was in the applicant’s best interest to keep it clean. The litter problems could be attributed to the lack of any owner at the premises. 

·        Issues surrounding parking were not licensing matters.

·        Not all the issues surrounding anti-social behaviour were related to alcohol. The conditions set out in the license were intended to help mitigate some of the loitering and other anti-social behaviour.

·        The late-night refreshment application was to allow for the serving of hot food late at night.

Questions for the Applicant

The Chairman asked whether the Applicant to clarify which set of conditions they were wishing to apply, and it was confirmed that the original conditions set out in the application would be the desired licence.

Councillor Phil Barnett asked why the start time of 6am was applied for and it was answered the shop was to have originally opened from 6am, but this had been pushed back an hour. The Applicant indicated their agreement to amend the licensable hours to commence at 7am.

Mr Forshaw asked whether the licensable hours were up to 1 am and this was confirmed.

Objector Representation

·       There were issues with car parking, which blocked the local resident’s drives.

·       There was an over-supply of alcohol in the area already.

·       The area already had issues with anti-social behaviour and the sale of alcohol up to 1 am would worsen these issues. Mr Forshaw provided the example of people from the hotel loitering behind the premises drinking and shouting until early in the morning.

·       It would be unfair to suggest that the premises manager would be able to manage all the current issues.

Questions for the Objector

Councillor Barnett asked for clarification whether the other premises selling alcohol in the area sold alcohol at the same time. It was stated that the  ...  view the full minutes text for item 4.