Agenda item

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

Location:      Coriander Club, 98 Royal Avenue, Calcot, Reading, West Berkshire, RG31 4UT

Applicant:     Let’s Eat Trading Ltd

NOTICE OF DECISION

 

The Licensing Sub-Committee of West Berkshire Council met on 13 December 2023 and resolved to approve Application 22976 in respect of premises known as Coriander Club, 98 Royal Avenue, Calcot, Reading, West Berkshire, RG31 4UT 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 Applicant: Mr and Mrs Sandhu and William Donne (Applicant’s agent)

2.            The Objector: Jacky Major on behalf of Tilehurst Parish Council 

3.            Ward Member: Councillor Clive Taylor

 

The Licensing Sub-Committee also considered all written representations which were included within the agenda pack which had been determined to be “relevant representations” in accordance with section 17 of the Licensing Act 2003.  Therefore, all written representations were considered by the Licensing Sub-Committee.

 

The Sub-Committee further considered the Skeleton Argument submitted by the Applicant. This material had been emailed by the Applicant’s agent to the Licencing Authority outside office hours at 23.26pm on Wednesday 6^th December 2023, meaning circulation could not have taken place until Thursday 7^th December 2023, which was less than five clear working days before the day of the hearing.  The Applicant applied to introduce this late material, and this was admitted into evidence on the day of the hearing with the agreement of all parties.  Copies of the document were made available and there was a short adjournment of the hearing to allow for consideration of this document.

 

The Licensing Sub-Committee noted that the application had been amended during the consultation period and additional conditions had been offered up by the Applicant and agreed with Environmental Health and this was set out at pages 1 and 2 of the Skeleton Argument.

 

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 22976 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.

 

Box I: Late Night Refreshment

 

Indoors and outdoors

 

Non-Standard Timings

 

New Year’s Eve from 23:00 hours until 01:00 hours on New Year’s Day.

 

Box J: Supply of Alcohol

 

On and Off the Premises

11:00 hours to 23:00 hoursMonday to Sunday

 

Non-Standard Timings

 

New Year’s Eve from 11:00 hours until 01:00 hours on New Year’s Day

 

1. The rear garden pagoda area shall be clear of all patrons by 22:00 hours each day.

 

2. Alcohol shall only be served to patrons ancillary with a substantial meal.

 

3. The restaurant shall provide table service only.

 

4. That delivery service via third party aggregators shall cease at 22:30 hours

 

Licensing Objectives

 

5. All members of staff working in the bar and restaurant area will be trained in how to promote the four licensing objectives.

 

CCTV

 

6. The premises shall install and maintain a comprehensive digital CCTV.

 

7. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.

 

8. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises.

 

9. All recordings shall be stored for a minimum period of 31 days with date and time stamping.

 

10. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open.

 

11. Viewing of recordings shall be made available immediately upon the request of Police or authorised Council officer throughout the entire 31day period.

 

12. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data within seventy-two hours of a request in writing.

 

Incident Reports

 

13. An incident log shall be kept at the premises, and made available on request to an authorised officer of the Council or the Police.

 

14. It must be completed within 24 hours of the incident and will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received concerning crime and disorder

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system, searching equipment or scanning equipment

(g) any refusal of the sale of alcohol

(h) any visit by a relevant authority or emergency service.

 

Staff Training

 

15.  Staff shall receive training on:

(a)  The premises age verification policy

(b)  The law relating to under-age sales

(c)  The procedure for validating documents produced as proof of age

(d)  Proxy purchasing

(e)  The Standard Operating Procedures for the seizures of drugs and weapons

(f)   Staff shall be trained in conflict management and refusals of sale

 

16. Their training will be recorded and kept on record for a period of twelve months and will be available for inspection on request from a police constable or a proper officer from the Council.

 

17. Refresher training for front of house staff will be provided every six months.

 

Risk Assessments

 

18. There shall be risk assessments for Health and Safety in place and reviewed annually or sooner if required.

 

19. There shall be a specified named first aider.

 

Challenge 25

 

20. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised holographic photograph identification cards:

a) driving licence

b) passport

c) proof of age card with the PASS Hologram.

d) Staff shall be trained in the five point and FLARE checklist to identify fraudulent cards.

e) Staff training on checking proof of age procedures will be recorded and kept on file.

 

Refusals Log

 

21. A record shall be kept detailing all refused sales of alcohol and shall include the date and time of the refused sale and the name of the staff member who refused the sale.

 

22. The record shall be available for inspection at the premises by the police or an authorised officer of the Council at all times whilst the premises is open.

 

Noise

 

23. All external doors and windows must be kept closed, other than for access and egress,
    when activities involving amplified music or speech are taking place.

 

24. Prominent, clear and legible notices must be displayed at all exits requesting the
    public and delivery drivers to respect the needs of local residents and to leave the
    premises and the area quietly.

 

25. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

 

26. The Duty Manager and their team shall actively operate a dispersal policy to
    encourage patrons to leave the premises and immediate vicinity in a quiet manner.

 

27. The Duty Manager and their team shall actively manage the external seating areas to
    ensure that noisier and troublesome patrons are effectively dealt with and/or removed
    from the premises.

 

28. The external seating areas must not be used by patrons after 22:00 hours.

 

29. Music relayed via external speakers to the external seating areas shall only be played
    at background level so that it is incidental to the consumption of food or drink (i.e.
    two people sat across a table from each other when music is being played must be
    able to hold a conversation at a normal level without having to raise their voices). No
    music shall be relayed externally after 23:00 hours.

 

30. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

Refuse and Deliveries

 

31. Refuse, such as bottles, shall not be placed into receptacles outside the premises
    between 22:00 hours and 07:00 hours in order to minimise the disturbance to nearby
    properties.

 

32. There shall be no commercial supplies deliveries to the premises between 19:00 hours
    and 07:00 hours.

 

33. There shall be no collections of food and drink from the premises between 23:00
    hours and 08:00 hours.

 

34. There shall be no collection of refuse from the premises between 22:00 hours and
    07:00 hours.

 

35. Delivery drivers collecting food and drink from the premises must enter and leave the
    premises by the front door only

 

36. Alcohol shall only be delivered to a bona fide residential or commercial address. Deliveries shall not be made to car parks, bus stops, middle of fields, etc.

 

37. Any order for a non bona fide address shall be refused and the reason for refusal recorded in the refusals book. Alcohol must not be delivered to an address other than as per the order.

 

38. It shall be a term of any contract or agreement, between the premises licence holder and any third-party delivery company, that the delivery company shall require ID verification when orders containing age restricted items are delivered.

 

 

Reasons

 

The Licensing Sub-Committee considered the Application as amended, 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 to all four of the licensing objectives but mostly noise and the prevention of public nuisance. The Licensing Sub-Committee noted that the police are a key source of information and advice on the impact of licensable activities, particularly on the crime and disorder objective and Environmental Health, is a key source of information and advice in relation to public nuisance. The Sub-Committee also noted Environmental Health did not have a formal objection to the premises licence on the basis the applicant had agreed additional conditions relating to noise and refuse and deliveries.  Consequently, no formal objection to the application had been received by a Responsible Authority. The Licensing Sub-Committee also noted that many of the objections related to concerns relating to parking which is not in of itself a licensing consideration and were based on speculation rather than evidence.

 

The Licensing Sub-Committee decided that the promotion of the licensing objectives could be achieved through conditions.  The Sub-Committee was satisfied that the application as amended, and the additional conditions put forward had taken into account the objections received to ensure the licensing objectives were not undermined. The Licensing Sub-Committee were satisfied that the conditions as set out in the operating schedule including as modified above, were reasonable, proportionate, and appropriate in the circumstances.  The Licensing Sub-Committee decided to amend condition 28 to bring this in line with condition 1 which had been offered up by the Applicant to deal with concerns relating to noise and the prevention of public nuisance.

 

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 Nigel Foot

Cllr Jane Langford

Date: 19/12/23

 

 

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 22976 in respect of Coriander Club, 98 Royal Avenue, Calcot, Reading, West Berkshire, RG31 4UT.

In accordance with the Council’s Constitution, Krystelle Kamola (Licensing Officer), Mr and Mrs Sandhu (Applicant), Bill Donne (Agent), Jacky Major (Objector) and Councillor Clove Taylor (Ward member) addressed the Sub-Committee on this application.

The applicant made a request to provide late evidence to the Sub-Committee.

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.

Councillor Jane Langford proposed to allow the evidence to be introduced and this was seconded by Councillor Nigel Foot. The vote was put to all parties, and it was agreed unanimously.

The Sub-Committee adjourned at 10:18 am to provide members of the Sub-Committee and all parties, with an opportunity to read the document and returned at 10:35 am.

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

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

·           That the original application had standard operational timings, however due to representations made the applicant looked to mitigate concerns by shortening opening hours.

·           The Applicant had removed late night refreshment from the application apart from special events.

·           The sale of alcohol hours was reduced to 23:00 pm.

·           Alcohol was to only be served at the table and with a substantial meal. 

·           That the claim that there was a lack of parking was false as there would be plenty of parking on the Old Bath Road.

·           Crime and disorder concerns could be linked to a pub that closed, which as not a comparable establishment to the applicant’s venue.

·           The Applicant owned a successful deli, which was a demonstratied that they could uphold the Licensing Objectives.

Councillor Langford questioned whether there were three shops selling alcohol and the time that alcohol would be available for purchase. Mr Donne explained that the Off-License was open from 8:00 am and closed at 20:00 pm, the deli closed late afternoon and that the Coriander Club would stop serving alcohol at 23:00 pm.

Councillor Foot queried the closing time of the venue and Mr Donne explained it would be closed by 23:30 pm.

The Chairman asked whether the garden area was isolated, and Mr Donne confirmed that people would have to go through the front door to enter the garden.

Ms Major canvassed how the outside area would be used, and Mr Donne expressed that it would be used for dinning only.

Councillor Taylor asked whether there would be seating outside the front and Mr Donne noted there would be 15 seats.

Councillor Taylor queried whether there would be smoking restrictions and Mr Donne stated that as the pagoda would be considered an indoor area.

Ms Mayjor in addressing the Sub-Committee, raised the following points:

·         There were concerns raised over parking in the area where buses struggle to pass.

·         The extra conditions did not address the concerns raised.

·         The use of the outside area should be conditioned and restricted.

·         The site was close to a School, which could cause further issues.

Councillor Langford asked how many had objected to the Parish Council about the outside area and Ms Major, as the Clerk to the Parish Council was not sure of specific numbers.

The Applicant asked whether it would appease all the Objectors if the premises shut earlier and it was stated no.

Mr Donne questioned whether the Objector knew the people who lived above the property would be staff members.

The Applicant asked whether the cars parked outside on the road were from the residents and Mrs Major had no comment.

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

·         That he welcomed the opening of the venue.

·         The area had suffered from a large quantity of anti-social behaviour.

·         There were issues over people parking on Royal Avenue and it could be difficult to park on the Old Bath Road.

·         Noise from the outside area could be an issue and it was asked that this be examined by the panel.

Councillor Langford queried whether the Councillor had received complaints about the area specifically to do with alcohol and Councillor Taylor stated no.

Councillor Langford canvassed whether the Ward Member had received complaints about traffic from the school pick up in the area and Councillor Taylor explained that not specifically about the school, but he had about traffic.

Mr Donne asked whether the Councillor believed there was sufficient parking on the Old Bath Road and Councillor Taylor explained that there was parking available but not a significant number of spaces.

Mr Donne asked whether the Councillor had received complaints about the deli, and it was confirmed he had not.

Mr Donne in summarising the application raised the following points:

·         The applicant had focused on mitigating outside noise by working with an architect.

·         The building had been empty, and the applicant spent considerable effort to bring this application and restaurant forward.

·         The Applicant could have live music, but this was not the intention.

·         Management would actively disperse people throughout the venue and would aim to fill the inside area first.

·         The garden area would close at 22:00 pm.

·         The background noise would be primarily from traffic, which would be active later than the restaurant.

·         The Applicant would advise diners to park on the Old Bath Road.

·         That the application was for a restaurant and not a pub.  

The Sub-Committee retired at 11:27 am to make its decision.

Having taken the representations into account, including the written representations made by Ian Kingdom, Peter Cooke, Jignesh Patel, Rosh Patel, Harsh Patel, Tazminar Begum, L Coulter, Linda Piper, Samir Saeed, David Jones, Mr and Mrs Lawton, Karamjit Singh Lakhanpal, the Licensing Sub-Committee RESOLVED that Application 22976 be granted, subject to the conditions laid out in the Decision Notice.