Agenda item

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

Location:     Best Buy Foods, 51 London Road, Newbury, West

Berkshire, RG14 1JN

Applicant:   Sivudsan Sooriyakumar

NOTICE OF DECISION

 

The Licensing Sub-Committee of West Berkshire Council met on 29 July 2025 and resolved to approve/reject Application 27129 in respect of premises known as Best Buy Foods, 51 London Road, Newbury, West Berkshire, RG14 1JN 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 Department of Culture, Media and Sport Guidance on the Licensing Act 2003 and West Berkshire Council’s licensing policy.

 

The Sub-Committee heard representations made by:

 

1. The Applicants: Sivudsan Sooriyakumar and their agent Nira Suresh.

 

2. The Objectors: Gareth and Barbara Forshaw, Richard Howell

 

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application as follows:

 

To GRANT the premises license in relation to the sale of alcohol for consumption off the premises, between the hours of 0700hrs to 0000hrs subject to the conditions at Annex 1 below along with any relevant mandatory conditions in ss19-21 of the Licensing Act 2003. 

 

·       Conditions 1-16:  REASON: These conditions suggested by the Applicant provide protection to people in the shop and CCTV specifically provides protection in the shop and the immediate area of the front door.  This is a benefit to the Applicant as it promotes public safety and the prevention of crime and disorder as well as safety to staff alike.

 

·       Conditions 17-23:  REASON: These conditions suggested by the Applicant assist with enforcement of the licensing objectives.

 

·       Condition 24-26:  REASON: These conditions suggested by the Applicant will mitigate some of the concerns by the Objectors in relation to the impact on their peaceful enjoyment of their residential homes.

 

AND, the Licensing Sub-Committee RESOLVED to GRANT the premises license in relation to the provision of late night refreshment, between the hours of 0700hrs and 0100hrs.

 

Cllr Paul Dick         (Chairman)

Cllr Stephanie Steevenson

Cllr Phil Barnett

 

Appendix 1: 

Conditions attached to Best Buy Foods, 51 London Road, Newbury, West Berkshire, RG14 1JN Premises License:

 

1. Prominent, clear notices shall be displayed at every public entrance stating the actual operating hours of the premises.

 

2. Crime prevention notices and advice shall be displayed in order to support local crime prevention initiatives.

 

3. All alcohol on display will be in such a position so as not to be obscured from the

constant view of the staff.

 

4. No single cans of beer, lager or cider at any time.

 

5. The premises licence holder shall advertise their age verification policy and inform customers before the sale is completed that age and identity verification may be required at delivery in accordance with the premises licence holder’s age verification policy.

 

6. Notices asking customers to respect the local neighbourhood and keep the noise to a minimum

 

7. All staff engaged in licensable activity at the premises will receive training and

information in relation to the following:

 

i. The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

 

ii. The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

 

iii. How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

 

iv. Recognising the signs of drunkenness.

 

v. The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.

 

vi. Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

 

vii. All staff, including supervisors and managers must be trained in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol.

 

8. Training shall be signed and documented recorded and shall be regularly refreshed at no greater than 6-month intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority. Training records will be retained for 2 years and should specify the time, date and details of the persons both providing the training and the person receiving the training.

 

9. An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:

 

i. Any incidents of disorder or of a violent or antisocial nature

 

ii. All crimes reported by the venue to the police

 

iii. Any complaints received

 

iv. Any faults in the CCTV system

 

v. Any visits by a responsible authority (under the Licensing Act 2003) or emergency services.

 

10. All entries must be made preferably at the time of the incident but no later than when the member of staff involved leaves the premises at the end of their shift, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident. The logs shall be kept for 2 years following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

 

14. A record of all calls and complaints received, including the time, date and information of the caller, including action taken following the call will be entered into the incident log. Records will be kept for two years and made available for inspection and copying by an authorised officer of a responsible authority at all reasonable times even when the premises is closed.

 

15. If the incident records are to be maintained in paper format, then these will be in a bound book with each page individually numbered or dated (such as a A4 day-to-day diary)

 

16. The premises shall install, operate, and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police. All public areas of the licensed premises including entry and exit points will be covered. The system must record clear images permitting the identification of individuals, and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition. The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises. All equipment must have a constant and accurate time and date generation. All recordings will be stored for a minimum period of 31 days with date and time stamping. Recordings will be made available immediately upon the request of an authorised officer of a responsible authority throughout the entire 31-day period. The CCTV system will be capable of downloading images to a recognisable viewable format. The CCTV system will be fitted with security functions to prevent recordings being tampered with, i.e., be password protected.

 

17. If the CCTV system breaks down, then the premises are to report this to the West Berkshire and Thames Valley Police Licensing teams by email with the time and date and a date when the fault is expected to be rectified, and this is to be entered into the incident book.

 

18. If when reporting this to Thames Valley Police by phone, then a call reference number is to be obtained, and this information is to be entered into the incident book.

 

19. When the fault has been rectified the West Berkshire and Thames Valley Police Licensing teams are to be informed.

 

20. Appropriate signage will be displayed, in prominent position informing customers they are being recorded on CCTV

 

21. There will be in place a written age verification policy in relation to the sale or supply of alcohol, which will specify a Challenge 25 proof of age requirement. This means that staff working at the premises must ask individuals who appear to be under 25 years of age, attempting to purchase alcohol, to produce identification. The only acceptable identification documents will be:

 

i. A photo driving licence,

ii. Passport,

iii. Military ID

iv. An identification card carrying the PASS hologram.

 

Unless such identification is produced the sale of alcohol must be refused. This policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18

 

22. The premises shall display prominent signage indicating at any point of sale that a Challenge 25 scheme is in operation.

 

23. A sign stating “No proof of age – No sale” shall be displayed where alcohol is displayed and at the point of sale.

 

24. No deliveries (in relation to licensable activities) to the premises shall take place

between 23:00 hours and 07:00 hours.

 

25. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23:00 hours and 07:00 hours on the following day.

 

26. When the premises is open for business the licence holder shall ensure that adequate measures are in place to remove litter or waste arising from their customers and to prevent such litter from accumulating in the immediate vicinity of their premises and checks are to be made regularly.

 

 

 

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 27192 in respect of Best Buy Foods, 51 London Road, Newbury, West Berkshire, RG14 1JN.

In accordance with the Council’s Constitution, Nicolina Reynolds (Licensing Officer, West Berkshire Council) Sivudsan Sooriyakumar, Suresh Kanapathi (Applicant/Agent) and Gareth Forshaw, Barbara Forshaw and Richard Howell (Objectors) addressed the Sub-Committee on this application.

Officer Presentation

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

Questions to Officers

There were no questions for Officers.

Applicant Representations

Mr Sooriyakumar and Mr Kanapathi, in addressing the Sub-Committee, raised the following points:

·        The Applicant had good experience of retail working, which would make him ideal to run this premises.

·        The applicant had consulted all parties throughout the application process and aimed to champion the licensing objectives.

·        There were many residents in the surrounding area, however only two letters of objection had been received.

·        The applicant had tried to mediate concerns, but these were not accepted by the objectors. As a result, the mediated conditions offered had been withdrawn and the applicant wished to return to the existing conditions.

·        Concerns over the litter in the area would be addressed as it was in the applicant’s best interest to keep it clean. The litter problems could be attributed to the lack of any owner at the premises. 

·        Issues surrounding parking were not licensing matters.

·        Not all the issues surrounding anti-social behaviour were related to alcohol. The conditions set out in the license were intended to help mitigate some of the loitering and other anti-social behaviour.

·        The late-night refreshment application was to allow for the serving of hot food late at night.

Questions for the Applicant

The Chairman asked whether the Applicant to clarify which set of conditions they were wishing to apply, and it was confirmed that the original conditions set out in the application would be the desired licence.

Councillor Phil Barnett asked why the start time of 6am was applied for and it was answered the shop was to have originally opened from 6am, but this had been pushed back an hour. The Applicant indicated their agreement to amend the licensable hours to commence at 7am.

Mr Forshaw asked whether the licensable hours were up to 1 am and this was confirmed.

Objector Representation

·       There were issues with car parking, which blocked the local resident’s drives.

·       There was an over-supply of alcohol in the area already.

·       The area already had issues with anti-social behaviour and the sale of alcohol up to 1 am would worsen these issues. Mr Forshaw provided the example of people from the hotel loitering behind the premises drinking and shouting until early in the morning.

·       It would be unfair to suggest that the premises manager would be able to manage all the current issues.

Questions for the Objector

Councillor Barnett asked for clarification whether the other premises selling alcohol in the area sold alcohol at the same time. It was stated that the other premises closed earlier than 1 am.

The Sub-Committee retired at 10:45am to make its decision.

Summary by the Applicant

·       The conditions that were laid out within the application were implemented to help promote the licensing objectives.

Having taken the representations into account, the Licensing Sub-Committee RESOLVED that Application 27192 be granted, subject to the conditions laid out in the decision notice.