Agenda item

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

Location:      Racecourse Food & Wine, 4a Hambridge Road, Newbury, RG14 5SS

Applicant:     Saptal Singh Madhan

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 25 September 2023 and resolved to approve Application 22283 in respect of a Racecourse Food & Wine, 4a Hambridge Road Newbury, RG14 5SS 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 heard representations made by:

1.            The Applicant: Satpal Singh Madhan through his representative Patrick Burke

2.            Objector: Ken Amor

3.            Ward Member: Councillor Phill Barnett

The Licensing Sub-Committee also considered the written representations of the following objectors who did not attend:

Andy Slater, Francesca Rosier-Parker, Ian Collins, John Gardener, Steven Ward

The Sub-Committee noted that the Applicant orally agreed as a proposed condition of the premises licence, if granted, that it could have additional staff do litter picking on days where races take place at the Newbury Racecourse; save for the conditions section of this Decision Notice, these days will be hereby referred to as “Race Days”.

The Sub-Committee also noted a discrepancy between the wording of Part M(b)(1) of the operating schedule and the premises plan appearing at Appendix 2 of the Agenda Pack.  This was because external CCTV cameras were not mentioned in the operating schedule. The Applicant’s representative confirmed orally at the hearing that external CCTV cameras were going to be installed as per the submitted plan.

Decision

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 22283 be granted subject to the conditions as set out 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

Off the premises

Monday to Sunday 7:00 – 23:00

Conditions:

CCTV (amendment to M(b)(1) of the operating schedule)

The premises shall install and maintain a comprehensive CCTV system. The CCTV system shall be installed and operate internally to cover all areas where licensable activities take place and where alcohol is displayed within any public area. The system shall also operate externally to cover the area immediately outside the premises entrance.

Environmental Health

During the hours of operation of the premises, on days where a race takes place at the Newbury Race Course, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste (especially glass bottles) arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business. No glass bottles to be disposed of after 10:30 PM.

Reasons:

The Licensing Sub-Committee considered the Application, including the proposed amendments made orally on behalf of the Applicant, together with the relevant written and oral representations made.

The Sub-Committee noted that the concerns of the objectors related mainly to the licencing objectives of prevention of crime and disorder and public nuisance. The police are a key source of information and advice on the impact of licensable activities, particularly on the crime and disorder objective; Environmental Health, is a key source of information and advice in relation to public nuisance. The Sub-Committed noted that no representation had been made by any of the responsible authorities.

The Sub-Committee considered the representations from all parties and noted that objectors were particularly concerned with the potential consequence of glass bottles purchased from the premises being disposed of on Race Days, due to the vicinity of these premises to the Newbury Racecourse.

The Sub-Committee heard from the Applicant’s representative that the Applicant wished to propose as a potential condition to the premises licence, if granted, it could have additional staff do litter picking on Race Days. The Sub-Committee considered the proposal and found it was reasonable and proportionate to add as an additional condition to the licence, that the licence holder shall ensure sufficient measures are in place to prevent litter arising or accumulating from customers in the area immediately outside the premises, on Race Days. This would be pursuant to the promotion of licencing objectives.

The Licensing Sub-Committee decided that the promotion of the licensing objectives could be achieved through conditions. The Sub-Committee was satisfied that the additional conditions imposed, were reasonable, proportionate, and appropriate in all the circumstances. 

In reaching its decision, the Sub-Committee noted the Council as Licensing Authority must determine each application under the Licensing Act 2003 on its own merits, and every decision must be both justified and proportionate based on the available evidence in accordance with the Statutory Guidance and the Council’s Licensing Policy.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 22283 in respect of Racecourse Food & Wine, 4A Hambridge Road Newbury, RG14 5SS.

In accordance with the Council’s Constitution, Philippa Heath (Licensing Officer, West Berkshire Council), Satpal Singh Madhan, Patrick Burke (Applicant/Agent), Ken Amor (Objector), and Councillor Phillip Barnett (Ward Member) addressed the Sub-Committee on this application.

Ms Heath introduced the report to Members, which took account of all the relevant policy considerations and outlined the application timeline. Ms Heath reminded the Sub-Committee not to be swayed by irrelevant matters or by speculation.

Councillor Clive Taylor questioned whether the legal cases mentioned, in the presentation, where specific to the application and Ms Heath explained that they were used to emphasise the importance of not considering speculative evidence.

Mr Satpal Singh Madhan and Mr Patrick Burke, in addressing the Sub-Committee, raised the following points:

·         The application had received no responses from responsible authorities.

·         The Applicant had experience in running similar operations within the area.

·         The Applicant owned a similar site in Ascot, as a result he was aware of the difficulties posed by such a premise.

·         There was no evidence that the site would support under-age drinking and the store would operate a Challenge 25 policy.

·         There was no evidence that the site would lead to an increase in anti-social behaviour.

·           Race day attendees could not take food and drink into the race ground and the point of the business was to buy alcohol to consume at home.

·         The Applicant would have CCTV on site, which would cover the perimeter of the premises.

·         On race days the Applicant would arrange street pick ups to help clean the site.

·         Any references to what might happen were pure speculation and not relevant to the hearing.

Ms Heath questioned whether the Applicant was sure that he was able to offer litter picking services as a condition and Mr Madhan and Mr Burke agreed.

Councillor Paul Kander asked for clarification over the CCTV placement and Mr Burke explained that the CCTV would cover the external area of the premise.

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

·         The pub had issues with members of the public buying alcohol from outside the premise and drinking it in the pub garden and that the new shop could make this issue worse.

·         The selling of glass bottles on race days could lead to more smashed glass along the road.

Councillor Taylor asked how often the pub experienced the issues with people bringing in their own alcohol and Mr Amor expressed that he usually receives abuse, however he only had two serious incidents in his time there.

Councillor Nigel Foot asked whether the people drinking alcohol from outside the premises put his license at risk and it was explained by the Licencing Officer to the Sub-Committee that the sale of alcohol was the licensable activity not the drinking and Mr Amor said that it would risk his license.

Councillor Phill Barnett in addressing the Sub-Committee raised the following points:

·         In the past the site has largely been an issue due to traffic.

·         Most residents had no interest in this application.

·         The issue over the potential for broken glass on race days should be addressed.

·          Underage drinking had not been an issue in the area.

·         The implementation of CCTV will be an asset for the area.

Councillor Foot enquired into whether the area was largely industrial, and Councillor Barnett confirmed that in the west was industrial, but the east was residential.

In summing up for the Sub-Committee Mr Burke raised the following points:

·         The Applicant cannot be blamed for current issues in the area.

·         There were no objections from responsible authorities.

·         There were only six objectors, which was a small amount of the total number of residents in the area.

·         The shop would also be selling alcohol from cans.

·         The Applicant would be happy to work alongside the pub.

The Sub-Committee retired at 11:10am to make its decision.

Having taken the representations into account, including the written representations made by Andy Slater, Francesca Rosier-Parker, Ian Collins, John Gardner, Steven Ward, and Ken Amor the Licensing Sub-Committee RESOLVED that Application 22283 be granted subject to the conditions laid out in the Decision Notice.