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:      Reloaded Nightclub, 7 Wharf Street, Newbury, RG14 5AN

Applicant:     Reloaded Nightclub Limited

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 17 January 2024 and resolved to approve Application 22979 in respect of premises known as Reloaded Nightclub, 7 Wharf Street, Newbury, RG14 5AN 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 representations made by:

1.            The Applicants: Sonja Wall and Jon Payne (Applicant)

2.            Responsible Authorities: Samuel Biggs, Nicola Waddington, (Royal Berkshire Fire and Rescue Service), Gary Clarke (Thames Valley Police), Kate Powell (Environmental Health

3.            Ward Member Councillor Martin Colston

The Licensing Sub-Committee also considered all written representations which were included within the agenda pack and the supplemental items. 

The Sub-Committee considered the updated risk assessment dated 28^th December 2023 and SGS Test Report dated 14^th July 2020 which was provided by the Applicant to Licensing on the 16^th January 2024.  This material was accepted in light of the agreement reached at the Sub-Committee meeting on the 3^rd January 2024 that the Applicant could serve this material before the re-convened Sub-Committee meeting on the 17^th January 2024.

The Royal Berkshire Fire and Rescue Service applied on the day of the meeting on the 17^th January 2024 to introduce a selection of photographs and a plan.  This material had been sent by the Royal Berkshire Fire and Rescue Service to Licensing on Tuesday 16^th January 2024 and was admitted into evidence with the agreement of all parties.  Copies of the documents were made available to parties at the meeting.

There were short adjournments of the meeting to allow for consideration of this material.

The Sub-Committee did not consider the email which had been sent to Licensing by a member of the public on Tuesday 16^th January 2024 at 10.58pm who had not submitted a written representation.  This material did not form part of the evidence as part of the meeting.

All written representations and material admitted into evidence were considered by the Licensing Sub-Committee.

The Sub-Committee noted that the Applicant amended the application to include removal of the door as set out in the annotated plan provided by Royal Berkshire Fire and Rescue Service.  In addition, the Applicant had agreed the conditions provided by Thames Valley Police and Environmental Health.

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 22979 be granted subject to the conditions as set out in the operating schedule, including as modified below, as well as any relevant mandatory conditions in ss19-21 of the Licensing Act 2003 and secondary legislation.

Operating Schedule

Box E: Live Music (Indoors) – occasional live music

Sunday  ...  view the full decision text for item 2.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 22979 in respect of Reloaded Nightclub, 7 Wharf Street, Newbury, RG14 5AN.

In accordance with the Council’s Constitution, Mr Riley Timney (Licensing Officer, West Berkshire Council), Mr Jon Payne (Agent), Ms Sonja Wall (Applicant), Mr Samual Biggs (Royal Berkshire Fire and Rescue Service), Ms Kate Powell (Environmental Health) and Mr Gary Clarke (Thames Valley Police) addressed the Sub-Committee on this application.

Mr Payne formally moved to introduce a fire-risk assessment and floor plan to which he believed would alleviate the Fire Authority’s concerns.

As the material had been submitted out of time, it was explained to all parties that the material could only be introduced, if unanimously agreed.

It was agreed by all parties that the evidence could be submitted to the Sub-Committee Members. The Sub-Committee adjourned at 10:20 am to allow the Members to review the evidence and returned at 10:40 am.

Mr Biggs explained that within the risk assessment a certificate had been omitted, therefore the Fire Authority were not satisfied with the evidence.

Mr Payne expressed that he would be able to retrieve the certificate. With the agreement of the Panel the Sub-Committee was adjourned at 10:50 to allow for the retrieval of the certificate. The Sub-Committee returned at 11:25 am and Mr Payne had been unable to retrieve the evidence. To allow for the retrieval of the documentation the Sub-Committee adjourned to the 17 January 2023 at 10:00 am.

Councillor Owen Jeffrey withdrew from the Sub-Committee.

The Sub-Committee reconvened on the 17 January 2023 at 10:00 am.

Mr Biggs made an application to submit late evidence in the form of photographs that were taken of the premise.

All parties agreed that the evidence would be reviewed before it was to be submitted to the panel.

As the material had been submitted out of time, it was explained to all parties that the material could only be introduced, if unanimously agreed.

The Sub-Committee adjourned at 10:15 am to review the submitted evidence. The Sub-Committee returned at 10:30 am and it was agreed by all parties that the evidence could be submitted to the Sub-Committee Members. The Sub-Committee adjourned at 10:38 am to allow the Members to review the evidence and returned at 10:47 am.

Mr Timney introduced the Report to the Sub-Committee, which took account of all the relevant policy considerations and outlined the application timeline. Mr Timney explained that due to consultation between Environmental Health and the Applicant, Environmental Health had withdrawn their objection.

Mr Payne and Ms Wall, in addressing the Sub-Committee, raised the following points:

·           The premises had a previous license with similar terms that had ceased.

·           The Applicant worked with local residents and reduced the operating hours.

·           The Objector’s concerns would be dealt with by extensive noise control measures and were speculative.

·           The decorations used by the venue were used in other premises and have been treated to minimise fire risk. The certificate provided had included a test, which proved they  ...  view the full minutes text for item 2.