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:      Bite Express Ltd, 63A Bartholomew Street, Newbury, RG14 7BE

Applicant:     BITE EXPRESS LTD

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 2^nd June 2023 and resolved to approve Application 21547 for a premises licence in respect of Bite Express, 63A Bartholomew Street, Newbury, RG14 7BE 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 Sub-Committee considered the Application submitted by the Applicant, as amended, as described at Appendix 2 of the Agenda pack.

The Sub-Committee heard oral representations made by:

1.            The Applicant: Mr Tolga Sahin

2.            The Objectors: Claire Struthers-Semple and Joseph Tolman-Lopez

The Licensing Sub-Committee also considered relevant written representations of objectors who did not attend.

The Sub-Committee considered the proposed conditions which were submitted as being agreed between Thames Valley Police and the Applicant and appeared at Appendix 4 of the Agenda pack. As a result of this agreement some objectors withdrew their objection.

The Sub-Committee noted that, with regard to CCTV, the Applicant intends to have CCTV cameras recording 24 hours a day, 7 days a week.

The Sub-Committee and parties present had the opportunity to ask questions in respect of the Application and written and oral representations.

Decision

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 21547 be granted subject to the conditions as in the operating schedule, amended by the Applicant and modified below, as well as any relevant mandatory conditions in ss19-21 of the Licensing Act 2003 and secondary legislation.

Operating Schedule

Box J: Supply of Alcohol

Monday to Sunday 11:00 – 23:00

On and off premises

Box I: Late Night Refreshment

Monday to Sunday 23:00 – 00:00

On and off the premises

Box L: Hours premises are open to the public

Monday to Sunday 08:00 – 00:00

Conditions:

CCTV

1.    The premises shall install and maintain a comprehensive CCTV system. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.

2.    The premises licence holder shall ensure the CCTV system cameras shall continually record whilst the premises are open to the public and for at least one hour after the premises close to monitor dispersal from the premises. Entry and exit points include the external area immediately outside the premises entrance.

3.    All recordings shall be stored for a minimum period of 31 days, with date and time stamping. Viewing of recordings will be made available immediately upon the request of the Police or authorised officer of West Berkshire District Council throughout the entire 31-day period.

4.    A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when  ...  view the full decision text for item 2.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 21547 in respect of Bite Express Ltd, 63A Bartholomew Street, Newbury, RG14 7BE.

In accordance with the Council’s Constitution, Amanda Ward (Licensing Officer, West Berkshire Council), Tolga Sahin (Applicant), and Claire Struthers-Semple and Joseph Tolman-Lopez (Objectors), addressed the Sub-Committee on this application.

Officer Representation 

Ms Ward, in addressing the Sub-Committee, raised the following points:

·         The Licensing Authority received an application for a New Premises Licence to be granted under section 17 of the Licensing Act 2003 on 13 April 2023.

·         The application sought to obtain the following licensable activities:

o   Recorded Music: Monday to Sunday from 08:00 to 23:00hrs to take place (indoors only)

o   Late Night Refreshment: Monday to Sunday, 23:00 to 02:00hrs to take place (both indoors and outdoors)

o   Supply of Alcohol: Monday to Sunday from 11:00 – 02:00hrs for the (supply of alcohol for consumption both on and off the premises)

·         That consultation commenced on the 14th April 2023 and ran until 11th May 2023. 

·         Responsible Authorities, Ward Members and the Parish Council were notified of the application by email on 14 April 2023

·         The application had been advertised correctly, with a blue site notice placed at the premises. The notice was checked by an officer from the Public Protection Partnership on 18 April 2023 and a public notice was placed in the Newbury Weekly News dated 20 April 2023.

Questions for the Officers

Ms Struthers-Semple questioned what was meant by a late-night refreshment and Ms Ward explained that it was the sale of hot food and or drink after 23h00.

Applicant Representation

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

·         That the site would be a Turkish restaurant that would open to serve at lunch and dinner times.

·         The opening time of 07h00 was for deliveries and cleaners to enter the premises.

·         There was no intention to serve late-night food and alcohol would not be served without food.

·         There would be the addition of four to six Closed Circuit Television (CCTV) cameras to reduce behaviour that would could constitute public nuisance.

·         The music would be for background purposes only and would not be loud.

·         The applicant would do his best to encourage public safety and help preserve the character of the neighbourhood.

Questions for the Applicant

Councillor Phil Barnett asked for clarification on the opening hours and Mr Sahin explained that this would depend on demand, but the plan was to be open for lunch and dinner initially but later on they may also wish to serve traditional Turkish breakfasts. 

Councillor Billy Drummond enquired into whether the doors or windows were to be left open and Mr Sahin stated they would not be.

Councillor Drummond queried whether the CCTV would have sound and this was confirmed to be the case.

Councillor Paul Dick probed what the applicant’s plans were as there was confusion over the opening hours and licensing times. Ms Ward explained that the applicant had agreed  ...  view the full minutes text for item 2.