Agenda and minutes

Licensing Panel - Wednesday, 21 February 2018 2.00 pm

Venue: Function Room, Fifth Floor, Easthampstead House, Town Square, Bracknell

Contact: Hannah Stevenson  01344 352308

No. Item


Declarations of Interest

Members are asked to declare any disclosable pecuniary or affected interests in respect of any matter to be considered at this meeting.


Any Member with a Disclosable Pecuniary Interest in a matter should withdraw from the meeting when the matter is under consideration and should notify the Democratic Services Officer in attendance that they are withdrawing as they have such an interest. If the Disclosable Pecuniary Interest is not entered on the register of Members interests the Monitoring Officer must be notified of the interest within 28 days.


Any Member with an affected Interest in a matter must disclose the interest to the meeting.  There is no requirement to withdraw from the meeting when the interest is only an affected interest, but the Monitoring Officer should be notified of the interest, if not previously notified of it, within 28 days of the meeting.



There were no declarations of interest.


The Procedure for Hearings at Licensing Panels pdf icon PDF 141 KB

Additional documents:


The procedure for hearings at Licensing Panel was noted.


Application for new premises Licence - A&A Plus, Bull Lane, Bracknell pdf icon PDF 203 KB

Additional documents:


Following the hearing of the application for a New Premises Licence in respect of the above premises by the Licensing Panel on 21 February 2018, I write to formally advise you of the Panel’s decision.


The Panel carefully considered all the information presented, both written and oral, from:


·         the Licensing Officer who outlined the issues;

·         the Applicant,

·         the Interested Parties, including the interested parties who submitted written representations but did not attend. The panel also filtered out the irrelevant parts of the written representations as indicated they should by the presenting Licensing Officer and those were disregarded.


The Panel considered the reference to the appropriate Licensing Objectives, the Council’s own Licensing Policy and the Secretary of State’s guidance. At the conclusion of the proceedings all participants present confirmed that they had been given the opportunity to say all they wished to say.


The Panel noted that there had been no representations made by the Police, or any of the other Responsible Authorities. The Panel bore in mind the promotion of the four licensing objectives, the relevant objectives in this case being the potential for noise and smell nuisance in a residential area. These come under the specific heading of prevention of public nuisance. The Panel also considered crime and disorder but concluded that there was no link between the street trading activities of the applicant and crime and disorder. There may well be crime and disorder in the area but it was not directly attributable to the street trading by Mrs Bunker.


The Panel decided that granting the licence would have an adverse impact on the promotion of the licensing objectives, in particular the public nuisance associated with the smell from cooking and noise nuisance associated with the current street trading activities. As there was unacceptable noise levels already existing the Panel saw no way that by allowing trading under premises licence and late night refreshment, it would be anything other than extending the noise later into the night. The Licensing Panel agreed that they would not grant the New Premises Licence or allow the late night refreshment activity in Bull Lane.




The Panel heard the account of residents and objectors, and were convinced that there was an existing noise nuisance caused by the premises through both the generator and noise of cars and people using the premises. The Panel found that people pulling up, waiting and pulling away again after they had collected their order was already a cause of noise nuisance in a residential area.  Even though a new generator had been purchased on the 16 February 2018, the Panel felt that not enough time had been given for the residents to identify whether this made a difference to the noise or not. In any event the panel concluded that the cause of noise was from a number of sources: cars, people talking and the noise from the generator. The panel heard representations about the purchase of a Honda generator. However, that was only purchased after the  ...  view the full minutes text for item 18.