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:      Awberry Barn, Awberry Farm, The Green, Beenham, Berkshire RG7 5NX

Applicant:     Mr Nigel Hopes

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 8 December 2023 and resolved to approve Application 22873 in respect of premises known as Awberry Barn, Awberry Farm, The Green, Beenham, Berkshire, RG7 5NX 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 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 heard oral representations made by:

1.            The Applicant: Nigel David Hopes and Duncan Craig (Applicant’s agent)

2.            The Supporter: Nigel Toon

3.            The Objectors: Lesley McEwen and Peter McEwen (Beenham Parish Council)

The Licensing Sub-Committee also considered the written representations of the following: Robert LeBlond, Nola Rice-Wood, JWD Clark, Sandra Clark, Belinda and Bernard Matthewman, Russell Green, Gillian Green, Neil Jackson, Pat Owen, Graham Bragg, Elizabeth Bragg, James White, Ian Smithers, Claudia Komzak, Lesley Scutter, Elizabeth White, Marie Pierro, Pete Machin, Peter Nordquist, Fenella Nordquist, Tom Whitter, Lucy Mackinnon, Simon Marshall, Natalie Fenech and Chris Beadsmoore, Christina Dudley, Andrew and Sala Lawrence, Jeff Vile and Rosemary Brown, Hannah Redgrave, Ariana Roscoe, Theresa Callaghan, Alan and Melanie Wilkes, A.R Gosman, Valerie Hartley, Ray Northway, Luke Woods, Galia Adair and Environmental Health as Responsible Authority.  The Licensing Sub-Committee also considered four written representations which had been submitted anonymously.

The Licensing Sub-Committee noted that the evidence submitted by Beenham Parish Council on Thursday 7^th December 2023 at 3.07pm demonstrating that their written representation had been sent to Licensing within the consultation period was accepted despite the fact the representation had not been received by Licensing which was confirmed by the Council’s IT Department. The Licensing Sub-Committee therefore heard the oral representations made by Peter McEwen on behalf of Beenham Parish Council and considered their written representation, which was accepted as part of the agenda pack and the material before the Licensing Sub-Committee.  Copies of the representation were made available to the parties before and on the day of the hearing.

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 22873 be granted subject to the conditions as set in the operating schedule, as 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

Saturday 12:00 to 23:00 on and off the premises

Prevention of Public Nuisance

Condition 16 as set out in the operating schedule is amended to read as follows:-

The level of noise emitted from amplified music associated with the use hereby permitted shall not exceed 35dB LAeq,15min as measured at the boundary with any off-site residential dwelling.

Reasons:

The Licensing Sub-Committee considered the Application, together with the relevant written and oral representations made.  

The Sub-Committee  ...  view the full decision text for item 10.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 22873 in respect of Awberry Barn, Awberry Farm, The Green, Beenham, Berkshire, RG7 5NX.

In accordance with the Council’s Constitution, Krystelle Kamola (Licensing Officer, West Berkshire Council) Nigel Hopes (Applicant), Duncan Craig (Agent), Lesley and Peter McEwen (Objectors), Nigel Toon (Supporter) and Councillor Dominic Boeck (Ward Member) addressed the Sub-Committee on this application.

Ms Kamola introduced the report to Members, which took account of all the relevant policy considerations and outlined the application timeline.

Mr Hopes and Mr Craig, in addressing the Sub-Committee, raised the following points:

·           The Applicant had always worked with integrity and objectivity in line with the Nolan Principles and his own personal values.

·           Personal professionalism of the Licensee was key was had been demonstrated by the way Mr Hopes had managed the Six Bells Public House.

·           The venue would benefit the local economy, whilst preserving the heritage asset.

·           They had worked closely with the key consultees and adopted all suggested conditions.

·           The Applicant allowed for consultation with residents and made significant adjustments to cater for the issues raised.

·           The Applicant would be present at all events and would have control of all bookings, which would help mitigate anti-social behaviour.

·           The hours for the sale of alcohol were modest.

·           Live music could e played at the event even without the license.

·           There were 27 letters in support of the application compared to the 16 objections. The representations in support were relevant to the Licensing Objectives, whereas some of the objections were not relevant, or speculative.

·           That the Sub-Committee should look to Responsible Authorities as the main source of guidance for the application and that all the authorities saw it as acceptable.

Councillor Nigel Foot queried the noise mitigation measures for when people leave the barn. Mr Hopes explained that there was a 2.5-meter-high acoustic fence at the entrance to the site and members of staff would manage the movement of people to a from the carpark, however he could not stop people from talking. Mr Craig explained that condition nine of the license required the Licensee to manage the flow of people from the carpark to the site.

Councillor Martha Vickers questioned the number of employees on the site and Mr Hopes explained that it depended on the number of attendees, however generally there would be 15 catering support staff and ten general support staff.

The Chairman asked for clarity on the closing schedule of the venue and Mr Hopes and Craig explained that 23:00 pm was a hard deadline and then the team would manage the dispersal off-site within forty-five minutes.

The Chairman asked why off-sales were included in the application and Mr Craig clarified that every license would have off-sales as well as on-sales. The purpose of the off sales was to allow people to have a drink outside the barn. Mr Craig asserted that there was no intention to run the barn as an Off-License.

Ms McEwen questioned the term ‘multi-event’ and  ...  view the full minutes text for item 10.