Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

Proposal:     To set out the background information pertaining to this Licensing Application.

Location:      Hungerford Park Estate, Hungerford Park, Hungerford, West Berkshire, RG17 0UU

Applicant:     Hungerford Park Limited

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire District Council met on 16 April 2024 and resolved to approve Application 23636 in respect of premises known as Hungerford Park Estate, Hungerford Park, West Berkshire, RG17 0UU 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 District Council’s Statement of Licensing policy.

The Sub-Committee heard representations made by:

1.            The Applicant: Toby Hunter and Stewart Gibson (Applicant’s Agent)

2.            Objectors: Cllr James Cole (Representing Hungerford Town Council), Langley Sharp, Ben Leb (Representing the Town and Manor of Hungerford)

3.            Ward Members: Denise Gaines and Tony Vickers

The Licensing Sub-Committee also considered all written representations which were included within the agenda pack and the following documents which were submitted in time and admitted into evidence prior to the hearing: the written submission of the Applicant, the written submission of the Representative of the Town and Manor of Hungerford, and a screenshotted email submitted by Hungerford Town Council.

In addition, the Sub-Committee noted that 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 Application23636 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 and outdoors)

Monday to Sunday 23:00hrs – 24:00hrs

Further details:

To allow the performance of live music, if required, when weddings or events are being held only at the Walled Garden

Box F: Recorded Music (Indoors and outdoors)

Monday to Sunday 23:00hrs – 24:00hrs

Further details:

To allow the performance of recorded music, if required, when weddings or events are being held only at the Walled Garden

Box I: Late night refreshment (Indoors and outdoors)

Monday to Sunday 23:00hrs – 24:00hrs

Further details:

To allow the sale of hot food and drink to continue beyond 23:00hrs until  the terminal hour of 24:00hrs, for weddings and events held at the Walled Garden

Box J: Supply of Alcohol (on and off the premises)

Monday to Sunday 07:00hrs – 24:00hrs

Non-standard timings:

Cider Barn 07:00hrs to 22:00hrs Monday to Sunday

Spirit Barn / Tap Room 07:00hrs to 22:00hrs Monday to Sunday

Walled Garden (everyday trading) 11:30hrs to 23:30hrs Wednesday to Saturday

Walled Garden (Weddings/Events) 11:30hrs to 24:00hrs as required

The terminal hour of 24:00hrs only be used for weddings/events, which could fall on any day of the week.

Conditions:

Prevention of crime and disorder

CCTV

1.    The premises licence holder shall ensure  ...  view the full decision text for item 2.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 23636 in respect of Hungerford Park Estate, Hungerford Park, Hungerford, West Berkshire, RG17 0UU.

In accordance with the Council’s Constitution, Mr Riley Timney (Licensing Officer, West Berkshire Council), Mr Toby Hunter, Mr Stewart Gibson (Applicant), Mr James Cole, Mr Ben Leb, Ms Julie Lloyd, Mr Langley Sharp, Mr David Saul, Mr Alistair Fyfe (Objectors) and Councillors Denise Gaines and Tony Vickers (Ward Members) addressed the Sub-Committee on this application.

Officer Presentation

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

Questions to Officers

Mr Timney explained that he was aware of other licensable premises near the area, however, was unsure about whether there were any specific to the common.

Mr Hunter and Mr Gibson, in addressing the Sub-Committee, raised the following points:

·         A multi-purpose license was applied for, covering both on and off sales.

·         Two areas within the park were designated as licensable areas: The Spirit Bar, Side Barn, and Fungi Club for daily use, and Walled Garden for functions and cafe-style refreshments.

·         Hours were specified for each area: 7:00 AM to 10:00 PM for daily use areas; functions in the Walled Garden until midnight, with the premises closing at 12:30 AM.

·         There was a limitation of 15 events per calendar year for functions in the Walled Garden, all private and pre-booked.

·         Events would be individually risk-assessed, with two weeks' notice given to authorities.

·         Conditions had been agreed with environmental health officers and the police supported the application.

·         Measures would be in place to prevent off-sales and control events in the Walled Garden.

·         Traffic and parking would be managed, including one-way systems and parking marshals.

·         A dispersal policy would be implemented to prevent congestion after events.

·         Emphasis was placed on events being occasional and not a continuous late-night operation.

·         There was a distinction made between licensing law and other legal jurisdictions.

·         Assurance was provided that the application complied with the four licensing objectives.

Questions to the Applicant

Mr Hunter and Mr Gibson drew on previous experience in managing lighting effects, while providing details on measures intended to address dark skies concerns, emphasizing the limited impact of proposed lighting within the venue.

Mr Hunter and Mr Gibson expressed a willingness to accept conditions related to the number of events in the walled garden and the maximum capacity for events. They emphasized the commitment to ensuring compliance with these conditions should the license be granted.

Mr Hunter and Mr Gibson explained that the marked path leading to the common from certain buildings was intended to improve accessibility without infringing on common rights.

Mr Hunter and Mr Gibson addressed concerns raised about potential crime and disorder, outlining provisions such as CCTV, trained staff, and noise prevention measures aimed at mitigating these concerns within the premises' jurisdiction. They emphasized the importance of responsible alcohol service and event management in ensuring the safety and well-being of patrons and the surrounding community. Additionally, they  ...  view the full minutes text for item 2.