Agenda item

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

Location: The Boxford, Roodhill, Boxford RG20 8DD

Applicant: Boxford Restaurant Ltd         

NOTICE OF DECISION 

 

 

The Licensing Sub-Committee of West Berkshire Council met on 25 October 2023 and resolved to approve Application 22490 in respect of The Boxford, Roodhill, Boxford, RG20 8DD 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, which appeared at Appendix 1-3 of the Agenda pack. 

 

The Sub-Committee heard representations made by: 

 

1.            The Applicant: Alex Fasoli through his agent David Whitehead 

2.            Objectors: Annika Hatchwell and Brian Daws 

3.            Ward Member: Councillor Tony Vickers 

 

The Licensing Sub-Committee also considered all written representations including the representation of Tim Barker and Mrs Barker, who did not attend.

 

The Sub-Committee heard that the relevant premises are currently licenced, as a licence was transferred from the previous owner, but that the licence would be surrendered if the application was granted. The Sub-Committee noted favourably that this application, for the most part, was for reduced timings and extent of licensable activities.  

  

Decision 

 

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 22490 be granted subject to the conditions as in the operating schedule, amended below, as well as any relevant mandatory conditions in ss19-21 of the Licensing Act 2003 and secondary legislation. 

 

Operating Schedule 

 

Box I: Late Night Refreshment 

 

Monday to Sunday 23:00 - 00:00

 

Non standard timings 

 

New Years Eve 23:00 – 01:30

 

From the end of permitted hours on New Years Eve until 01.30 on New Years Day 

 

An additional hour to the standard times on the day when British Summer Time commences. 

 

Box J: Supply of Alcohol 

 

Monday to Sunday 7:00 - 00:00

 

On and Off the premises 

 

Non standard timings 

 

New Year’s Eve 07:00 - 01:30

 

From the end of permitted hours on New Years Eve until 01.30 on New Years Day 

 

An additional hour to the standard times on the day when British Summer Time commences. 

 

 

Conditions:  

 

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

 

A CCTV system shall be maintained covering access and egress points; for the avoidance of doubt, this is to include access and egress points to the terrace areas. […]  

 

Reasons:  

 

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

 

The Sub-Committee considered the representations from all parties and noted that the concerns of the objectors related mainly to the licencing objectives of prevention of crime and disorder and the prevention of 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 neither Responsible Authority had made any representations in relation to this application. The Sub-Committee noted that CCTV was going to be installed covering access and egress points. The Sub-Committee found it was reasonable and proportionate to amend the condition to clarify that access and egress points should include access and egress to the terrace areas. This would be pursuant to the promotion of licencing objectives, specifically the prevention of crime and disorder. 

 

The Licensing Sub-Committee considered the type, location, characteristics and activities that will take place at the premises and decided that the promotion of the licensing objectives could be achieved through conditions as set out in the operating schedule, including the amendment mentioned above. The Sub-Committee was satisfied that the 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.  

 

 

 

Cllr    Phil Barnett(Chairman)

Cllr  Clive Taylor

Cllr  Billy Drummond

Date:  30/10/2023

 

 

 

 

In accordance with the Council’s Constitution, Philippa Heath (Licensing Officer, West Berkshire Council), Alex Fasoli (Applicant), David Whitehead (Agent), Annika Hatchwell, Brian Daws (Objectors) and Councillor Tony Vickers (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 explained there had been no representations made by responsible authorities.

Mr Fasoli and Mr Whitehead, in addressing the Sub-Committee, raised the following points:

·           That the site would deliver full-time employment for a handful of staff.

·           That there was the existing license to fall back on, however it was difficult to enforce and included non-standard timings.

·           That the premises would be a restaurant not a pub with no letting rooms for entertainment.

·           Environmental Health asked for the addition of two conditions, which were implemented into the application.

·           The premises would be used to provide relaxed all day dining.

·           That several other pubs in the area had similar alcohol service times on their license.

·           The Boxford would not allow any more diners in after 22:00 pm.

·           The premises needed the extra two hours after 22:00 pm for the late arrivals.

·           The 7:00 am start time was needed for serving breakfasts.

·           The previous issue of drink driving was not the responsibility of the applicant.

The Chairman questioned whether the special conditions for certain events, such as New Years Eve, in the existing license would be used, and Mr Whitehead explained that they would not.

Councillor Billy Drummond asked about the CCTV and Mr Whitehead stated that all CCTV would canvas the border of the premises and that there would be cameras on all entrances, as well as one viewing the car park. The agent explained that the cameras would not detect noise.

Councillor Clive Taylor queried whether there was outdoor seating areas and Mr Whitehead noted that there would be a terrace, and that people may dine there.

Councillor Taylor pondered how the clientele would get to the restaurant and Mr Whitehead suggested the majority would arrive by car and that there was adequate car parking for the diners with 30 spaces and two electric vehicle charging points.

Councillor Taylor mentioned the previous anti-social behaviour associated with the site and Mr Whitehead expressed that new owners could change the situation and that the applicant could not be held accountable for those issues.

Ms Hatchwell asked whether the existing license was valid due to the previous establishment’s liquidation and Mr Whitehead confirmed that the license was transferred within 28 days.

Ms Hatchwell questioned whether the Council would get involved if there were issues with noise and this was confirmed.

Ms Hatchwell and Mr Daws, in addressing the Sub-Committee, raised the following points:

·         Most in the village wanted the application approved, but there were concerns over the noise generated from the later closing times.

·         That it could affect the value of their property.

·         That the process of objecting was difficult.

Members had no questions for the Objectors.

Councillor Vickers, in addressing the Sub-Committee, raised the following points:

·         The Councillor was uncomfortable with the use of the old license as a fallback position.

·         The Councillor would have liked to see the hours altered to a more suitable time as it was unreasonable to serve alcohol past 23:00 pm.

·         The Councillor was concerned that the premises appeared to be a destination restaurant as that would not be inclusive for those living in local social housing who would benefit from a location to drink socially.

Members had no questions for the Ward Member.

Mr Whitehead and Mr Fasoli in summarising their case for the Sub-Committee raised the following points:

·         That the premises were inclusive, and the proprietor would allow people in for a social drink within the bar area.

·         The application was a modest one befitting of a restaurant and the conditions were comprehensive and appropriate.

·         The restaurant would be environmentally friendly.

The Sub-Committee retired at 11:58 to make its decision.

Having taken the representations into account, including the written representations made by Mr and Mrs Barker, the Licensing Sub-Committee RESOLVED that Application 22490 be granted, subject to the conditions laid out within the Decision Notice.