Agenda item

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 – Wednesday 10:00hrs– 23:30

Thursday– Saturday 10:00hrs – 23:30

Box F: Recorded Music (Indoors)

Sunday – Wednesday 10:00hrs – 24:00

Thursday – Saturday 10:00hrs - 02:00

Box G: Performances of Dance (Indoors)

Sunday – Wednesday 10:00hrs – 24:00

Thursday– Saturday 10:00hrs– 02:00

 

Box I: Late night refreshment (Indoors)

Sunday – Wednesday – 23:00hrs – 24:00

Thursday – Saturday – 23:00hrs – 02:00

 

Box J: Supply of Alcohol (on the premises)

Sunday – Wednesday – 10:00hrs – 24:00

Thursday– Saturday – 10:00hrs – 02:00

Box L: Opening Hours

Sunday – Wednesday – 10:00hrs to 24:30

Thursday – Saturday – 10:00hrs to 02:30

General

 

1.    The licensee shall ensure at all times, the premises is open to carry out any licensable activities there are sufficient, competent staff on duty at the premises. 

 

2.    All reasonable steps will be taken to ensure the main four licensing objectives are met.

 

3.    Strict policies for respect of neighbours will be enforced aswell as the prevention of crime and disorder.

 

4.    This nightclub/bar understands that within our opening hours we have a duty to the local community, and we will protect our staff and customers from danger and harm. We, as a business believe our systems that are in place are thorough and will secure and promote the four licensing objectives set out by the local authority. We are eager and willing to work with all authorities to ensure the promotion of the four licensing objectives and to provide an establishment that our community will be proud of.

 

Prevention of Crime and Disorder

 

5.    Join Newbury Pub Watch to enable sharing of information regarding underage drinking, anti-social behaviour, illegal drugs – dealers and users. The sharing of any information will be in accordance with legislative requirements.

 

6.    Trained door staff and training for bar staff to ensure any dealing or using of drugs is recognised, zero tolerance within the venue.

 

7.    Door staff will count in and out of premises to ensure no overcrowding.

 

8.    Crime prevention notices will be displayed.

 

9.    Abuse of any person will not be tolerated and will be dealt with

 

10.No sale of alcohol to anyone who is noticeably drunk or anyone who is with a person who is noticeably drunk.

 

11.No inappropriate drink promotions which could cause customers to drink too much alcohol.

 

12.To have regular contact with local police where necessary and work together to prevent any risk of crime or disorder.

 

13.Premises to be locked and all cash removed when no staff are on the premises.

 

CCTV

 

14.The premises licence holder shall ensure the premises’ digitally recorded CCTV system cameras shall continually record whilst the premises are open to the public and recordings shall be kept for a minimum of 31 days with time and date stamping.

 

15.The entire licensable area shall be covered by the CCTV. There shall be at least one camera positioned at each entry and exit point to monitor any external areas to the premises. This includes any areas designated for tables and chairs and/or a designated smoking area.

 

16.Data recordings shall be made immediately available to an authorised officer of Thames Valley Police or West Berkshire Council subject to the provisions of the Data Protection Act, together with facilities for viewing upon request.

 

17.Recorded images shall be of such quality as to be able to identify the recorded person in any light.

 

18.At least one member of staff on the premises at any time during operating hours shall be trained to access and download material from the CCTV system.

 

19.CCTV cameras will be regularly maintained and serviced. Signage will be displayed to inform customers CCTV is in operation.

 

20.CCTV cameras will be regularly maintained and serviced.

 

Door Supervisors

 

21.Whilst Door Supervisors are employed at the premises all Door Supervisors working at the premises will be deployed with digitally recording Body Worn Video (BWV). The BWV will be used to record any incidents which occur inside or outside of the premises involving customers, prospective customers or any staff member that impact on any of the four licensing objectives. Data recordings shall be made immediately available to an authorised officer of Thames Valley Police or an officer from West Berkshire council together with facilities for viewing upon request, subject to the provisions of the Data Protection Act.

 

22.The premises licence holder must ensure that an identity scanning system shall be operated as per below:

 

a)    Operate 100% Identity Scanning for all customers whenever licensed SIA door supervisors are employed at the premises.

 

b)    "Customer" for the purposes of this condition shall include any patron; non-regular Staff, promoters and performers entering the premises. This condition shall not apply to regular staff members whose identity is already known to the Premises Licence Holder and or Designated Premises Supervisor.

c)    The Identity Scan Device shall record the names and dates of birth of all persons entering the premises and retain the image and details of the ID that has been provided.

 

d)    These records shall be kept for a minimum of thirty-one days and shall be made immediately available to any authorised Officer of Thames Valley Police or an authorised Officer of West Berkshire Council, subject to the provisions of the Data Protection Act

 

e)    Any breakdown or system failure will be notified to TVP immediately and remedied as soon as practicable

 

23.The Designated Premises Supervisor shall ensure licenced security staff shall manage persons awaiting entry to the premises. Management shall ensure queuing customers do not obstruct the thoroughfare. This shall include any designated smoking areas.

 

24.The Premise Licence holder shall keep and maintain a register of door supervisors. The register will show the following details:

a)    The name and registration number of all door supervisors working at the premises.

b)    Date and time that the door supervisor commenced duty, countersigned by the Designated Premises Supervisor or Duty Manager.

c)    Any incident dealt with by licensed door security staff impacting on any of the four licensing objectives must be recorded giving names of the door supervisors involved.

d)    Date and time the door supervisor finished work, countersigned by the Designated Premises Supervisor or Duty Manager.

e)    A record of the number of patrons on site shall be made half hourly in the door register.

f)     The door supervisor register must be kept at the licensed premises and be available for inspection by Thames Valley Police or an authorised officer from West Berkshire Council and shall be retained for period of six months from the date of the event.

 

25.When regulated entertainment by way of a DJ, is planned on a Thursday, Friday Saturday, Sunday or on any Bank Holiday a minimum of 3 SIA Registered Door staff will be on duty from 21:00 until 30 minutes after closure of the Premise. Should Live music be planned, any day of the week, then SIA Registered Door Staff will be employed.

 

26.The requirement for Door Supervision on other days will be on a risk assessed basis. The risk assessment will be a written document and will be made available for inspection by Officers of West Berkshire Council and Thames Valley Police upon request.

 

27.A further door supervisor shall be employed whenever 200 or more patrons are admitted.

 

28.Where available from the company’s door staff provider at least 1 female door supervisor shall be employed and available where appropriate e.g. if a female customer is subject to a body search.

 

29.The Premises Licence Holder (PLH) shall ensure that a policy relating to the safe removal of persons from the premises and/or its immediate vicinity by staff and door supervisors shall be put in place and actively operated. The policy shall be in written format and made available upon request to an authorised officer of Thames Valley Police and West Berkshire Council.

 

a.    This shall include but not be limited to:

                                          i.    Persons who have been identified by staff as being vulnerable or at risk.

                                        ii.    Persons who are refused entry to the premises or refused service within the premises.

                                       iii.    Persons who are ejected from the premises.

 

30.The Premises Licence Holder (PLH) shall ensure that upon induction all door supervisors employed at the premises receive as a minimum standard written training in:

 

a)    Refresher training shall be provided every 6 months and signed records shall be produced upon request to authorised officers of Thames Valley Police and West Berkshire Council.

b)    Written records for both induction and refresher training are to be kept for a minimum of 2 years of the date of training.

c)    Door Staff shall receive industry recognised Vulnerability training. This training shall formally take place once every 6 months and signed records of this training shall be maintained. These records shall be kept for a minimum of 1 year and shall be made available to any authorised Officer of Thames Valley Police and West Berkshire Council.

 

31.The Premises Licence holder shall ensure that all Door Supervisors whilst employed at the Premises shall wear ‘High Visibility’ arm bands to incorporate displaying their SIA badges, as well as hi visibility tabards that enable licensed SIA security staff to be easily identifiable both inside and outside of the premises.

 

32.The Premises Licence Holder shall ensure that regular SIA online checks are completed in relation to all SIA licensed security staff and records shall be kept on site of all SIA checks that have been completed and the validity of all door staff licences.

 

33.An active search policy shall be put in place to prevent illegal drugs and weapons being brought on to the premises. The policy shall include, but not be limited to, methods of search, detection, confiscation, and disposal and shall be actively operated. The policy shall be in written format and made available upon request to an authorised officer of West Berkshire Council and Thames Valley Police and provide as a minimum for the standards below:

 

a)    Re-admittance for existing customers leaving the premises is permitted and where appropriate, shall be subject to a search by the door supervisors when re-entering the premises/ area.

 

34.The venue shall also actively partake in drugs initiatives run by the police or West Berkshire Council (including, but not exclusively, drug itemiser, passive drug dogs and spiked drinks campaigns).

 

35.The Premises Licence Holder shall ensure that notices shall be displayed advising the public that the right to conduct an outer body search is reserved as a condition of entry, and that Thames Valley Police shall be informed if anyone is found in possession of illegal drugs or offensive weapons and any drugs seized will be passed onto the police by management.

 

36.Regular checks of high-risk areas for drug use (including the toilets) shall be carried out by Door staff and premises staff when door staff are not available; A written record of all checks shall be maintained and made available upon request by an authorised officer of the Thames Valley Police and West Berkshire Council.

 

37.All incidents which impact on any of the four licensing objectives shall be recorded in a register kept at the premises for this purpose. The names of the person recording the incident and those members of staff who deal with any incident shall also be recorded. Where known, any offenders name shall also be recorded: -

 

(a) This record shall be available for inspection by a Police Officer or an authorised officer of West Berkshire Council upon request and shall be retained for one year. The record shall be signed off by the Designated Premises Supervisor or nominated representative at the end of each trading session.

(b) A weekly review of the incident register shall also be carried out by the Designated Premises Supervisor.

 

38.The Premises Licence Holder shall participate in the Local Town Radio Scheme when the premises are opened for licensable activities Monday to Sunday inclusive.

 

Public Safety

 

39.Training on health and safety at work for all staff to ensure staff and customers are safe.

 

40.Fire safety training and evacuation procedures to be implemented and fire alarm testing weekly.

 

41.Access for disabled persons and plan for evacuation of disabled person to be in place.

 

42.An adequate supply of first aid equipment will be kept on the premises.

 

43.Safe word or sign to be advertised for customers who feel vulnerable.

 

44.There shall be two first aiders, one always on site. First aid administered to be logged in first aid book. Yearly electrical testing. All checks and testing to be logged.

 

45.All exit doors shall be unobstructed and easily accessible with relevant signage.

 

46.Emergency lighting will be regularly checked and maintained.

 

47.The premises shall not be used for a licensable activity until such time as the Royal Berkshire Fire and Rescue Service has confirmed to Licensing that the Applicant has complied with its legislative requirements under the Regulatory Reform (Fire Safety) Order 2005.

 

48.The permitted capacity of the premises must be in line with the recommendation by the Royal Berkshire Fire and Rescue Service under the Regulatory Reform (Fire Safety) Order 2005. The recommendation of Royal Berkshire Fire and Rescue Service in accordance with the present exit and escape route capacity is that the permitted capacity is 60 persons and 100 persons if the single front door is pinned open.

 

49.All front of house staff will be specifically trained to monitor pre-booked tables for intoxication levels including an established escalation process in the event that signs of intoxication are witnessed. Bottled water to be provided on all pre-booked tables and free tap water to be available for all customers.

 

50.The Premises Licence Holder shall ensure that alcohol is only sold by staff authorised to sell alcohol from a recognised bar area. No alcohol is to be sold or distributed by ‘Shot Sellers,’ in, on or around any floor or table area within the premises.

 

51.An entry, closure, and dispersal policy for controlling the opening and closing of the premises and the departure of customers from the premises at the conclusion of the licensed activities shall be put in place and shall be actively operated. The policy shall be in written format and made available upon request to an authorised officer of West Berkshire Council and Thames Valley Police.

 

52.The last permitted entry time to the premises Monday to Sunday shall be 2 hours prior to closure of the premise, except for the re-entry of smokers.

 

53.A written risk assessment shall be put in place to manage the queuing of patrons outside of the venue on the public highway. This risk assessment shall be reviewed on a regular basis, be provided in written form, and be made available for inspection to officers of West Berkshire Council and Thames Valley Police upon request.

 

54.Door staff to manage dispersal of people in a quiet and orderly manner.

 

Refusal Register

 

55.The Premises Licence Holder shall ensure that all employed staff involved in the sale of alcohol shall be trained to record refusals of sales of alcohol in a refusals log (whether written or electronic).

 

a.    The log shall contain: -

 

                                          i.    Details of the time and date the refusal was made

                                        ii.    The identity of the staff member refusing the sale

                                       iii.    Details of the alcohol the person attempted to purchase.

 

b.    This book /register will be available for inspection by a Police Officer or authorised officer of West Berkshire Borough Council upon request.

 

56.Staff employed to sell alcohol shall undergo training upon induction.

 

(a) The training shall include, but not be limited to: -

                                          i.    The premises age verification policy

                                        ii.    The Law relating to underage sales

                                       iii.    Dealing with refusal of sales

                                       iv.    Proxy purchasing

                                        v.    Recognising valid identity documents not in the English language

                                       vi.    Identifying attempts by intoxicated persons to purchase alcohol

                                      vii.    Identifying signs of intoxication

                                     viii.    Conflict management

                                       ix.    How to identify and safeguard vulnerable persons who attend and leave the premises.

                                        x.    Identifying signs of drug usage and prevention.

                                       xi.    The Four Licensing Objectives

 

(b) Such training sessions are to be documented and refreshed every six months. All training sessions are to be documented in English. Records of training shall be kept for a minimum of one year and be made available to an authorised officer of Thames Valley Police and West Berkshire Council upon request.

 

Prevention of Public Nuisance

 

57.At least 30 minutes before closure slow-paced music will be played.

 

58.Licensing hours will be adhered to.

 

59.Management shall ensure noise levels are lowered at the end of the evening.

 

60.Any complaints will be looked at and addressed.

 

61.Noise from amplified music or voices shall not be such as to cause a noise nuisance to occupants of nearby premises.

 

62.The exterior of the building shall be cleared of litter at regular intervals.

 

63.Prominent, clear, suitable, and legible notices shall be displayed at all exits requesting customers to respect the needs of local residents, and to leave the premises and area quietly.

 

Dispersal Process

 

64.At the end of the evening management and staff shall assist with the orderly and gradual dispersal of patrons in line with the written dispersal policy.

 

65.Staff members (including door personnel when employed) shall advise patrons to leave the premises quickly and quietly out of respect for neighbours.

 

66.Bottle and drinking receptacles shall be removed from any patron before exiting the premises.

 

67.Customers shall be actively discouraged from assembling outside the premises at the end of the permissible hours.

 

68.Any outside area used by customers wishing to drink or smoke, shall be: -

 

(a)  clearly delineated and covered by the CCTV system which shall be installed at the premises.

(b)  The outside area shall be monitored by staff or door security staff (when employed)

(c)  The area shall be cleaned regularly.

(d)  Suitable receptacles shall be provided for smokers to dispose of cigarette butts.

(e)  Signs shall be displayed in any external areas requesting customers to keep noise to a minimum.

(f)   Patrons who disregard signage and verbal instructions regarding noise shall be asked to move inside and/or leave the premises.

(g)  Open containers of alcohol shall not be permitted to be taken beyond the boundary of the outside area.

 

69.The premises licence holder shall ensure that advertising or promotional material for licensable activities at the premises is not placed on any street furniture, structure or public highway not belonging to the premises licence holder. Failure by the premises licence holder to remove any promotional material illegally displayed will be a breach of this condition and any other legislation that applies in West Berkshire in relation to unlawful advertising on street furniture.

 

Noise and Vibration

 

70.The volume of amplified music within the premises should be played at a level that is appropriate to the circumstances such as the time of day and the degree of sound insulation afforded by the buildings in relation to the distance of the premises from dwellings or other noise sensitive premises.

 

71.If the breakout of music from the premises is found to be causing disturbance to neighbouring residents the licence holder shall obtain an acoustics report relating to the premises from a qualified acoustic consultant registered with the Institute of Acoustics or the Association Noise Consultants. The licence holder shall carry out all necessary works contained within the report to the written satisfaction of the Council. The premises shall not operate under the licence until this condition has been complied with.

 

72.The licensee or other nominated representative should monitor noise levels outside nearby dwellings during entertainment involving amplified music or speech. If, because of this monitoring, it is considered that the noise levels are excessive, immediate action should be taken to cause the volume of the entertainment to be reduced to suitable levels. The licensee’s attention is drawn in particular to the effect of the low frequency bass notes which readily pass through doors and windows and are most often the principal reason for people complaining of entertainment noise. After 23:00 hours the licensee should aim to ensure that noise from entertainment is not audible outside any dwelling in the vicinity. A record of these checks and of any action taken as a result shall be maintained in a logbook kept specifically for the purpose. The logbook shall be made available for inspection by an authorised officer of the licensing authority on request.

 

73.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, and alternative means of acoustically attenuated ventilation provided.

 

74.A lobby door of suitable construction to achieve satisfactory sound attenuation must be provided and maintained to the entrance door and fitted with self-closing devices. The external lobby door may be removed in the instance that it is required for fire safety purposes and shall be replaced once that purpose is satisfied.

 

75. No amplified music or speech shall be relayed via external loudspeakers.

 

76.A noise limiting device must be installed at the premises and maintained in such a manner as to control all sources of amplified music and speech at the premises. The device must be: -

 

a)    Always used during the entertainment

b)    Set at a level agreed in writing with the Council and this level recorded within your noise management plan; and

c)    sealed in a manner, which is tamper proof.

 

77.The licensee or a nominated representative shall receive and respond to complaints of noise throughout the duration of all entertainment and during the time that patrons are leaving the premises.

 

78.Staff must be given adequate training to ensure they are able to fulfil their responsibilities in noise management.

 

79.The licensee or other nominated representative should monitor noise levels outside nearby dwellings during entertainment involving amplified music or speech. If, because of this monitoring, it is considered that the noise levels are excessive, immediate action should be taken to cause the volume of the entertainment to be reduced to suitable levels. The licensee’s attention is drawn in particular to the effect of the low frequency bass notes which readily pass through doors and windows and are most often the principal reason for people complaining of entertainment noise. After 23:00 hours the licensee should aim to ensure that noise from entrainment is not audible outside any dwelling in the vicinity. A record of these checks and of any action taken as a result shall be maintained in a logbook kept specifically for the purpose. The logbook shall be made available for inspection by an authorised officer of the licensing authority on request.

 

80.A noise management plan shall be agreed with the Council to monitor and control entertainment and customer noise. It shall include:

 

a)    detail of how the licensing conditions shall be achieved in practice including equipment set up, contract with DJs, noise management practices.

b)    what training staff shall receive.

c)    name and contact details for responsible person(s),

d)    details of how monitoring checks shall be carried out and recorded.

e)    How noise from customers outside the premises will be managed

f)     what action should be taken in response to any issues.

 

The plan shall be implemented in full and any deviation from the plan shall be first agreed in writing with the Council.

 

81.Refuse, such as bottles, shall not be placed into receptacles outside the premises between 23:00 hours and 07:00 hours to minimise the disturbance to nearby properties.

 

82.Deliveries: all deliveries to be received outside the hours of 23:00 hours and 07:00 hours to minimise the disturbance to nearby properties.

 

 

Protection of Children From Harm

 

83.Only individuals aged eighteen and above will be allowed onto the premises.

 

84.Door and bar staff to have regular training.

 

85.Safe words will be issued to customers, if they feel uncomfortable, they can give this word to a member of staff.

 

86.At all times that the premises is operating under this licence, the Premises Licence Holder shall ensure that staff operate a Challenge 25 Policy, to minimise the risk of alcohol being sold to underage customers. This Policy will as a minimum ensure that before entry, and before any sale of alcohol, any person who appears to be under the age of 25 will be required to produce photo ID in the form of a passport; driving licence, UK Military ID card; PASS (or similar) card to prove that he/she is over the age of 25, before being permitted.

 

87.Notices advertising the Challenge 25 and proof of age policies shall be displayed in prominent places in the premises so that they can be seen internally and externally.

 

88.The Premises Licence Holder shall display in a prominent position a copy of their policy on checking proof of age.

 

89.The premises licence holder or duly nominated representative shall be an active member of the local pub watch scheme if such a scheme is operative.

 

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 largely related to public safety 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 noted that both Environmental Health and Thames Valley Police had formally withdrawn their objections on the basis the applicant had agreed additional conditions.

 

The Licensing Sub-Committee also noted, however, that Royal Berkshire Fire and Rescue Service had not withdrawn its objection and remained concerned that the public safety objective was undermined.  The concerns related to the decorative wall and ceiling linings of the premises and the risk relating to the spread of flame and the fire risk assessment dated 28^th December 2023 in relation to the occupancy level calculation and the exit and escape route capacity in accordance with the Regulatory Reform (Fire Safety) Order 2005.  Furthermore, in light of the concerns raised by the Royal Berkshire Fire and Rescue Service, Environmental Health highlighted that the agreed condition relating to the lobby door would need to be modified which was accepted by the Applicant.  The Applicant offered three suggested additional conditions to deal with the concerns raised and to deal with matters.  

 

The Sub-Committee noted paragraph 1.16 of the Revised Guidance issued under section 182 of the Licensing Act 2003 relating to the fact conditions should not duplicate other statutory requirements or other duties or responsibilities placed on the employer by other legislation.  Despite this, however, the Sub-Committee also noted paragraph 1.19 of the Revised Guidance which sets out that there should not be duplication in relation to licence conditions, licensing authorities should be mindful of requirements and responsibilities placed on them by other legislation which includes fire safety and the Regulatory Reform (Fire Safety) Order 2005.  The Royal Berkshire Fire and Rescue Service were not satisfied that the Applicant had met its legislative requirements in relation to fire safety.  The Royal Berkshire Fire and Rescue Service are experts in relation to matters relating to fire safety and the licensing objective of public safety.  As a consequence, the Licensing Sub-Committee felt that it was necessary to attach a condition to the licence which specified that the premises shall not be used for a licensable activity until such time as the Royal Berkshire Fire and Rescue Service has confirmed to Licensing that the Applicant has complied with its legislative requirements under the Regulatory Reform (Fire Safety) Order 2005. 

 

The Sub-Committee also considered paragraph 2.19 of the Revised Guidance and for the same reasons, considered the permitted capacity of the premises must be in line with the recommendation by the Royal Berkshire Fire and Rescue Service under the Regulatory Reform (Fire Safety) Order 2005.  During the meeting, the Royal Berkshire Fire and Rescue Service confirmed that in accordance with the present exit and escape route capacity their recommendation was that the permitted capacity is 60 persons and 100 persons if the single front door is pinned open. The Sub-Committee also modified the condition relating to the lobby door to meet with fire safety requirements and as suggested by Environmental Health. 

 

 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 encourage the Applicant, Environmental Health and Royal Berkshire Fire and Rescue Service to work collaboratively to ensure the promotion of the licensing objectives.

 

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 Stephanie Stevenson

Date: 23/01/24

 

 

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 did not sustain combustion.

·           The Applicant did not want to carry out measures to make the premises Class 0 as the works would cost £3000-£4000 and they did not want to commit the funds without the approved license.

·           The Applicant would be satisfied to have the license conditioned in a way that meant the premise could not start trading until the Fire Authority was content.

·           The total capacity was minimised to take into account the width of the front door.

Councillor Steevenson asked what the revised capacity was, and it was confirmed to be 220 people.

Councillor Foot questioned what the previous licensing hours were in 2013. Mr Payne stated that the hours were Monday to Sunday 10:00 am to 02:30 am Monday to Sunday and non-standard dates could operate to 04:00 am.

The Chairman queried whether the decorations that were causing objection were compulsory to the interior of the room. Mr Payne explained that the decorations were necessary to attract the level of clientele wanted for the bar.

Ms Powell wanted to understand the situation with the front doors. Mr Payne stated that if the doors were to be removed it would increase the capacity of the venue. It was stated that the door was not going to be removed in all cases. Mr Payne agreed that a condition would also need to be put in place on the door in terms of fire safety. Ms Powell expressed concerns over the potential noise leak from this solution and stated it would need to be conditioned.

Councillor Colston asked whether the premises would remain open at 2:30 am on Thursday night and Mr Payne confirmed.

Mr Biggs on behalf of Royal Berkshire Fire and Rescue Service in addressing the Sub-Committee, raised the following points:

·         Despite the new risk assessment, the Fire Authority still objected to the application.

·         The capacity suggested in the assessment was far greater than the one that the fire service believed to be correct.

·         The Fire Authority believed the site needed formal consultation and would like to work with the applicant to find a solution to alleviate concerns over public safety.

The Chairman asked how the Fire Authority arrived at a different capacity figure, and whether they would like to see the decorations removed. It was explained that the door measurement was overstated in the Applicant’s Fire Risk Assessment and that the Fire Authority only wanted to see the decorations meet a Class 0 standard.

Councillor Steevenson queried the classification of the fire assessments. Mr Biggs explained that there were two Classification 0 or Classification BS-3-D2 and three factors were examined, which were fire retardancy, fire resistance and surface spread.

Councillor Foot questioned the amount of time the Fire Authority would need to work with the Applicant to resolve the issues. Mr Biggs explained that it would depend on a variety of factors, such as the conditions they would like to apply.

Councillor Foot looked for clarification over the fire exits. Mr Biggs explained that in a fire assessment you assume the fire would take out the largest exits and then you would look at whether the remaining doors were outward opening and the width of the door. If the door was to be pinned back the capacity figure would be calculated on the width of the door and when measuring the door this considers, the full unobstructed width.

Mr Payne asked whether flame tests had been carried out by the Fire Authority and it was stated it had not.

Mr Payne enquired into whether the Fire Authority had powers to close down an establishment if deemed unsafe and this was confirmed.

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

·         The main concern raised was over the noise.

·         Both residents mentioned the sound check, however this was not on this premises.

·         It was welcomed that the Applicant had agreed conditions.

Councillor Foot asked whether the Ward Member had received any complaints, and it was stated he had not.

Mr Payne in summarising to the Sub-Committee raised the following points:

·         The application in part replicates an existing license, which had satisfied the Sub-Committee in previous years.

·         Noise and disturbance issues had been mitigated by working alongside the Environmental Health Officer and implementing a strong work schedule.

·         License conditions should not duplicate other statutory provisions placed upon Responsible Authorities.

·         Mr Payne suggested several conditions that could be implemented such as the provision of a fire certification that would please the Fire Authority, noise provisions when the door is removed and capacity.

The Sub-Committee retired at 11:45 am to make its decision.

Having taken the representations into account including the written representations made by Greg Reznek, James Anfield, Micheal Barnes, Tobia McDonald the Licensing Sub-Committee RESOLVED that Application 22979 be granted subject to the conditions within the Decision Notice.