Cabinet_Report

Purpose of Report

1 To present the facts and relevant representations received in respect of an application for a premises licence for The Green Room, 48 Market Place, Henley-on-Thames, to the Licensing Acts Panel in order that it can determine the application under Section 18 of the Licensing Act 2003.

Strategic Objectives

2 The relevant strategic objectives are ‘Openness and accountability’ and ‘Improved economic and community wellbeing’.

Background

3.1 The Licensing Act 2003 (‘the Act’) established a single integrated scheme for licensing premises which are used for the supply of alcohol, regulated entertainment, late night refreshment or permission to carry on some or all of these activities. In the Act these activities are referred to collectively as the ‘licensable activities’.

3.2 A Licensing Authority must carry out its function under the Act with a view to promoting the four licensing objectives. The licensing objectives are:

· prevention of crime and disorder

· public safety

· prevention of public nuisance

· protection of children from harm.

In carrying out its functions, the Licensing Authority must also have regard to its statement of licensing policy and any guidance issued by the Secretary of State (section 182 guidance).

3.3 Licences will normally be granted by the licensing officer under delegated powers but in the event of relevant representations being received regarding the grant of a premises licence, and where these representations cannot be resolved through any mediation process, the application is referred to the Licensing Acts Panel to be determined.

3.4 On 22 March 2023 an application for the grant of a new premises licence was submitted by Green Room Enterprises Ltd for The Green Room, 48 Market Place, Henley-on-Thames, RG9 2AG. A copy of the form is attached at Appendix A. The application is for licensable activities, as follows:

Licensable Activity	Proposed Days and Times
Live music	Monday to Sunday 0900 - 0100
Recorded music	Monday to Sunday 0800 - 0100
Activities similar to music & dance	Monday to Sunday 0900 - 0100
Late night refreshment	Monday to Sunday 2300 - 0030
Supply of alcohol	Monday to Sunday 1100 - 0030
Hours premises are open to the public	Monday to Sunday 0800 - 0100

3.5 A representation has been received from Environmental Protection in respect of this application, which can be found at Appendix B.

3.6 The Environmental Protection Officer has recommended that the terminal hour of all licensable activities is amended to 23:00. Alternatively, if the panel do not determine to amend the licensable activity hours, the following conditions are recommended to be added to the licence:

1. No regulated entertainment shall take place in the premises until an acoustic survey has been carried out by an independent person who is qualified to be at least an associate member of the Institute of Acoustics and a scheme for soundproofing these areas has been submitted to and approved by the Head of Housing and Environment. The scheme must be fully implemented to the satisfaction of the Head of Housing and Environment prior to any regulated entertainment.

2. The management of these premises shall ensure that no noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to undue disturbance, amounting to a nuisance, to local residents or businesses.

3. The management shall ensure that no open glassware or other drinking vessels belonging to the premises are taken outside.

4. During any live music, recorded music and regulated entertainment, or in any case after 21:00, all external doors (including lobby doors) and windows to the premises shall remain closed, other than for access and egress.

5. All refuse and bottles shall be disposed of in bins quietly so as not to disturb local residents. There shall be no disposal of glass bottles outside between 21:00 hours and 08:00 hours.

3.7 A total of 17 representations have been received from other persons, see Appendices C to S. The representations raise concerns as follows:

· Music and customer noise from the premises will cause disturbance to local residents

· The hours proposed in the application are excessive and extend too late in the evening

· Customers stood outside the premises (e.g. smokers) will be a source of nuisance and a public safety issue. Because there is not external area within the curtilage of the premises, there is nowhere to stand but on the pavement.

· The size of the premises is unsuitable for the activities proposed

· Potential for an increase in anti-social behaviour

3.8 It is noted that some of the comments contained within the representations cannot be considered relevant under the Licensing Act 2003. For a comment to be considered relevant, it must relate to the activities that have been applied for, and one or more of the licensing objectives set out at 3.2 above. Points that cannot generally be considered relevant are that there are sufficient alternative licensed premises already available within the town centre, problem parking and that granting the licence will set a precedent for other future applications.

3.9 It should be noted that the applicant is able to make use of the Live Music Act 2012 and the Legislative Reform (Entertainment Licensing) Order 2014 exemptions. This means that no licence is required to play live and recorded music in a premises licensed for the sale of alcohol between the hours of 08:00-23:00 where attendance is limited to 500 persons. Any conditions which relate to live music and recorded music will also not have effect between these hours unless these are added by a panel as a result of a review of the premises licence at a later stage.

3.10 A map showing the location of the premises is attached at Appendix T. This map indicates the approximate residential location of any other persons who have made representations as indicated in the above paragraph(s).

Policy and guidance

4.1 The relevant sections of the council’s statement of licensing policy are as follows:

3.8 The Licensing Authority deals with the issue of licensing hours on the individual merits of each application and will consider the measures proposed to deal with the potential for nuisance and/or public disorder. However, when issuing a licence with hours extending beyond 11pm, higher standards of control need to be included in operating schedules in order to promote the licensing objectives, especially for premises, which are situated in, or near, residential areas or in areas where crime and/or anti-social behaviour is an issue.

3.11 Conditions attached to various authorisations will be focused on matters which are within the control of licence holders, and will focus primarily on the direct impact of any activities taking place at those premises on those living, working, or otherwise engaged, in the area concerned.

3.13 Conditions shall be appropriate and proportionate to achieve the promotion of the licensing objectives, and shall be tailored to suit the circumstances and premises. Conditions will not be attached where adequate legislative control exists.

5.1 The public safety objective is concerned with the physical safety of anyone using or adjacent to licensed premises. Applicants should carefully consider how they intend to promote the public safety objective in their operating schedule.

5.2 Where applicants consider that the public safety objective could be compromised by their intended activities, they are encouraged to contact the relevant council’s Food and Safety team and/or the fire authority as the most relevant responsible authorities for guidance. Other organisations such as the Safety Advisory Group (SAG) will be able to offer advice. Contact details for these authorities/groups are available from the Licensing Authority.

5.20 The following should also be considered:

· Disabled access and evacuation

· Emergency procedures

· Special risks such as lasers or fireworks

6.1 Public nuisance is a broad concept, which concerns how the activity of one person (or business) affects the amenity of other persons living and working in the area of the licensed premises, for example, how noise from playing music interferes with another person’s right to sleep, or adverse impacts from light or odour.

6.2 The Act requires, and the Licensing Authority expects, applicants to demonstrate within their operating schedule how they intend to prevent public nuisance arising. This will be of particular importance where there are residential properties in the vicinity of the licensed premises.

6.3 When appropriate on application or review the Licensing Authority will consider the adequacy of proposed measures to remove or effectively manage the potential for public nuisance, anti-social behaviour and other crime which may impact on the promotion of the licensing objectives.

6.4 When an operating schedule does not sufficiently address the prevention of public nuisance the Licensing Authority will consider all reasonable conditions suggested by responsible authorities in any relevant representation to prevent public nuisance. In some locations it may be appropriate and proportionate to limit opening hours, the times of licensable activities or the types of licensable activities taking place.

6.11 Noise can come either directly or indirectly from licensed premises. Direct noise, such as that from entertainment activity, will be under the premises’ direct control. Indirect noise, such as that from vehicles and customers coming to and from the premises may not be under direct control, but the premises can strongly influence it. Both types of noise will be of more significance in areas with residential accommodation and will usually, but not exclusively, be of greater importance between 11pm and 7am. However it must be noted that noise and disturbance can also cause public nuisance outside these times. The operating schedule should identify the control measures that will be taken to minimise the impact of both types of noise on neighbouring residents and businesses.

6.13 Noise and disturbance from people outside can cause public nuisance even when those people are not behaving badly. The operating schedule should identify the control measures that will be taken to minimise the impact of use of outside areas. This may include noise and disturbance from customers on the premises and customers in outdoor areas such as terraces, beer gardens and smoking areas. It will also include noise, disturbance and obstruction from customers in the vicinity of the premises including customers congregating outside premises to smoke or drink, customers arriving, leaving or queuing outside premises.

6.15 Amendments to the Act have removed the requirement for licensing of a wide range of entertainment between the hours of 8am and 11pm. This does not reduce the risk of noise nuisance occurring. The risk increases when the entertainment takes place in the open air or within a marquee. Steps should be taken to prevent noise and vibration from entertainment causing nuisance. This may include noise from music, human voices and other forms of entertainment whether amplified or not. Consideration should also be given to ensure noise is not audible at sensitive locations such as dwellings, hospitals, hotels and other business premises. Any noise should also not cause unreasonable disturbance to the wider public, such as passers-by and people using public facilities. The Environmental Protection team are responsible for dealing with noise complaints arising from unregulated entertainment

9.7 The licensing panel will determine each case on its individual merits whilst having regard to the legislation, the Secretary of State’s guidance and this policy. Where the licensing panel determines that it is appropriate and proportionate to attach conditions to a licence or certificate it will ensure that those conditions are focused on the direct impact of the activities taking place at the premises concerned. Such conditions will be proportionate to the activity to be controlled and will only be imposed in the interests of promoting the licensing objectives.

4.2 The relevant sections of the Secretary of State’s guidance issued under section 182 of the Licensing Act 2003 are as follows:

1.2 The legislation provides a clear focus on the promotion of four statutory objectives which must be addressed when licensing functions are undertaken.

1.4 Each objective is of equal importance. There are no other statutory licensing objectives, so that the promotion of the four objectives is a paramount consideration at all times.

1.5 However, the legislation also supports a number of other key aims and purposes. These are vitally important and should be principal aims for everyone involved in licensing work. They include:

· protecting the public and local residents from crime, anti-social behaviour and noise nuisance caused by irresponsible licensed premises;

· giving the police and licensing authorities the powers they need to effectively manage and police the night-time economy and take action against those premises that are causing problems;

· recognising the important role which pubs and other licensed premises play in our local communities by minimising the regulatory burden on business, encouraging innovation and supporting responsible premises;

· providing a regulatory framework for alcohol which reflects the needs of local communities and empowers local authorities to make and enforce decisions about the most appropriate licensing strategies for their local area; and

· encouraging greater community involvement in licensing decisions and giving local residents the opportunity to have their say regarding licensing decisions that may affect them.

1.16 Licensing conditions must be tailored to the individual type, location and characteristics of the premises and events concerned. They should be proportionate, justifiable and be capable of being met.

2.15 The 2003 Act enables licensing authorities and responsible authorities, through representations, to consider what constitutes public nuisance and what is appropriate to prevent it in terms of conditions attached to specific premises licences and club premises certificates. It is therefore important that in considering the promotion of this licensing objective, licensing authorities and responsible authorities focus on the effect of the licensable activities at the specific premises on persons living and working (including those carrying on business) in the area around the premises which may be disproportionate and unreasonable. The issues will mainly concern noise nuisance, light pollution, noxious smells and litter.

2.16 Public nuisance is given a statutory meaning in many pieces of legislation. It is however not narrowly defined in the 2003 Act and retains its broad common law meaning. It may include in appropriate circumstances the reduction of the living and working amenity and environment of other persons living and working in the area of the licensed premises. Public nuisance may also arise as a result of the adverse effects of artificial light, dust, odour and insects or where its effect is prejudicial to health.

2.18 As with all conditions, those relating to noise nuisance may not be appropriate in certain circumstances where provisions in other legislation adequately protect those living in the area of the premises. But as stated earlier in this Guidance, the approach of licensing authorities and responsible authorities should be one of prevention and when their powers are engaged, licensing authorities should be aware of the fact that other legislation may not adequately cover concerns raised in relevant representations and additional conditions may be appropriate.

8.41 In completing an operating schedule, applicants are expected to have regard to the statement of licensing policy for their area. They must also be aware of the expectations of the licensing authority and the responsible authorities as to the steps that are appropriate for the promotion of the licensing objectives, and to demonstrate knowledge of their local area when describing the steps they propose to take to promote the licensing objectives. Licensing authorities and responsible authorities are expected to publish information about what is meant by the promotion of the licensing objectives and to ensure that applicants can readily access advice about these matters. However, applicants are also expected to undertake their own enquiries about the area in which the premises are situated to inform the content of the application.

8.42 Applicants are, in particular, expected to obtain sufficient information to enable them to demonstrate, when setting out the steps they propose to take to promote the licensing objectives, that they understand:

· the layout of the local area and physical environment including crime and disorder hotspots, proximity to residential premises and proximity to areas where children may congregate;

· any risk posed to the local area by the applicants’ proposed licensable activities; and

· any local initiatives (for example, local crime reduction initiatives or voluntary
schemes including local taxi-marshalling schemes, street pastors and other
schemes) which may help to mitigate potential risks.

8.43 Applicants are expected to include positive proposals in their application on how they will manage any potential risks. Where specific policies apply in the area (for example, a cumulative impact assessment), applicants are also expected to demonstrate an understanding of how the policy impacts on their application; any measures they will take to mitigate the impact; and why they consider the application should be an exception to the policy.

8.44 It is expected that enquiries about the locality will assist applicants when determining the steps that are appropriate for the promotion of the licensing objectives. For example, premises with close proximity to residential premises should consider what effect this will have on their smoking, noise management and dispersal policies to ensure the promotion of the public nuisance objective. Applicants must consider all factors which may be relevant to the promotion of the licensing objectives, and where there are no known concerns, acknowledge this in their application.

8.45 The majority of information which applicants will require should be available in the licensing policy statement in the area. Other publicly available sources which may be of use to applicants include:

· the Crime Mapping website;

· Neighbourhood Statistics websites;

· websites or publications by local responsible authorities;

· websites or publications by local voluntary schemes and initiatives; and

· on-line mapping tools.

8.46 While applicants are not required to seek the views of responsible authorities before formally submitting their application, they may find them to be a useful source of expert advice on local issues that should be taken into consideration when making an application. Licensing authorities may wish to encourage co-operation between applicants, responsible authorities and, where relevant, local residents and businesses before applications are submitted in order to minimise the scope for disputes to arise.

8.47 Applicants are expected to provide licensing authorities with sufficient information in this section to determine the extent to which their proposed steps are appropriate to promote the licensing objectives in the local area. Applications must not be based on providing a set of standard conditions to promote the licensing objectives and applicants are expected to make it clear why the steps they are proposing are appropriate for the premises.

8.48 All parties are expected to work together in partnership to ensure that the licensing objectives are promoted collectively. Where there are no disputes, the steps that applicants propose to take to promote the licensing objectives, as set out in the operating schedule, will very often translate directly into conditions that will be attached to premises licences with the minimum of fuss.

8.49 For some premises, it is possible that no measures will be appropriate to promote one or more of the licensing objectives, for example, because they are adequately covered by other existing legislation. It is however important that all operating schedules should be precise and clear about the consideration given to the licensing objectives and any measures that are proposed to promote them.

9.12 Each responsible authority will be an expert in their respective field, and in some cases it is likely that a particular responsible authority will be the licensing authority’s main source of advice in relation to a particular licensing objective. For example, the police have a key role in managing the night-time economy and should have good working relationships with those operating in their local area. The police should usually therefore be the licensing authority’s main source of advice on matters relating to the promotion of the crime and disorder licensing objective. However, any responsible authority under the 2003 Act may make representations with regard to any of the licensing objectives if they have evidence to support such representations. Licensing authorities must therefore consider all relevant representations from responsible authorities carefully, even where the reason for a particular responsible authority’s interest or expertise in the promotion of a particular objective may not be immediately apparent. However, it remains incumbent on all responsible authorities to ensure that their representations can withstand the scrutiny to which they would be subject at a hearing

9.37 As a matter of practice, licensing authorities should seek to focus the hearing on the steps considered appropriate to promote the particular licensing objective or objectives that have given rise to the specific representation and avoid straying into undisputed areas.

9.43 The authority’s determination should be evidence-based, justified as being appropriate for the promotion of the licensing objectives and proportionate to what it is intended to achieve.

10.4 The conditions that are appropriate for the promotion of the licensing objectives should emerge initially from the risk assessment carried out by a prospective licence or certificate holder, which they should carry out before making their application for a premises licence or club premises certificate. This would be translated into the steps recorded in the operating schedule or club operating schedule, which must also set out the proposed hours during which licensable activities will be conducted and any other hours during which the premises will be open to the public.

10.5 It is not acceptable for licensing authorities to simply replicate the wording from an applicant’s operating schedule. A condition should be interpreted in accordance with the applicant’s intention and be appropriate and proportionate for the promotion of the licensing objectives

10.8 The licensing authority may not impose any conditions unless its discretion has been exercised following receipt of relevant representations and it is satisfied as a result of a hearing (unless all parties agree a hearing is not necessary) that it is appropriate to impose conditions to promote one or more of the four licensing objectives.

4.3 The licensing panel may also wish to view relevant case law as follows:

East Lindsey District Council v Abu Hanif (2016) High Court stated case reaffirms the prospective nature of the Licensing Act and how licensing authorities and courts should approach the promotion of the licensing objectives. It reaffirms that they require a “prospective consideration of what is warranted in the public interest, having regard to the twin considerations of prevention and deterrence.”

R (on application of Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court and Others (2011) EWCA Civ 312 also states how licensing authorities should approach licensing decision making:

“They involve an evaluation of what is to be regarded as reasonably acceptable in the particular location. In any case, deciding what (if any) conditions should be attached to a licence as necessary and proportionate to the promotion of the statutory licensing objectives is essentially a matter of judgment rather than a matter of pure fact.”

Sourced from: https://www.gov.uk/government/publications/alcohol-licensing-using-case-law/alcohol-licensing-using-case-law

Options

5.1 In determining the application the authority must give weight to:

· representations received from responsible authorities

· relevant representations received from other persons

· the Secretary of State’s guidance issued under Section 182 of the Licensing Act 2003

· the council’s statement of licensing policy and

· the steps appropriate to promote the licensing objectives

5.2 In view of the above, the panel is requested to consider the application for a premises licence and decide whether to:

(a) grant the licence as applied for

(b) grant the licence after modifying any conditions to such extent as the authority considers appropriate for the promotion of the licensing objectives

(d) refuse to specify a person in the licence as the premises supervisor, and/or

(e) reject the application.

Financial Implications

6 Should the applicant or any other person wish to appeal against a decision of the council, they may do so to the magistrates’ court. The council would incur costs should this occur, although the court may decide to award costs if the council’s decision was upheld.

Legal Implications

7.1 The Human Rights Act 1998 requires public bodies to ensure everything they do is compatible with Convention Rights and makes it unlawful for a public authority to act incompatibly with those rights. When determining whether to grant the application the panel will be aware of human rights considerations, specifically Part 1, Article 6, the right to a fair trial, Part 2 and Article 8 the right to respect for private and family life for those making representations.

7.2 The hearing of all applications is subject to the principles of natural justice.

7.3 Section 17 of the Crime and Disorder Act 1998 states, ‘without prejudice to any other obligation imposed on it, it shall be the duty of each authority to exercise its various functions with due regard to the likely effect of those functions on, and the need to do all that it reasonably can to prevent crime and disorder in its area’.

7.4 Under Schedule 5, Part 1 of the Licensing Act 2003, any person aggrieved by the decision in respect of the application may appeal to a Magistrates’ Court within 21 days of the date of the decision.

Conclusion

8 This report provides information submitted by the applicant, responsible authorities and other persons. The panel should determine this application with a view to promoting the four licensing objectives. It must, having had regard to all the relevant representations and the evidence it hears, determine the application using the options outlined in section 5 of this report.

Background Papers

Appendix A – application form and plan

Appendix B – representation Environmental Protection

Appendix C – representation Molina

Appendix D – representation Dicker

Appendix E – representation Trudeau

Appendix F – representation Shaw

Appendix G – representation Pattie

Appendix H – representation Shlewet

Appendix I – representation Greenhalgh et al.

Appendix J – representation Hall

Appendix K – representation Burness

Appendix L – representation Wheatley

Appendix M – representation James

Appendix N – representation Baines

Appendix O – representation Bareham

Appendix P – representation Caminada

Appendix Q – representation Bradley

Appendix R – representation Greenwood

Appendix S – The Henley Society

Appendix T – location plan

Appendix A

Appendix B – Environmental Protection

Appendix C – representation Molina

From: Marilia Molina
Sent: 27 March 2023 09:55 AM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: Premises license

Hi there

I live at flat Market Pl, Henley-On-Thames, England, RG9

In our property walls are very thin and we can hear all the noise, both from the flat above and from the previous coffee below. Even from the pub in the other corner!

I am aware that a new business is starting downstairs and they will have loud music till quite late! As it states on the premises license
Noise is allowed till 1am Monday to Sunday!

I work every day and I get up very early in the morning. Therefore I go sleep early to be able to complete my activities. I do not have a night out life! How I am supposed to go sleep with disturbance everyday and be able to do my job?

My new neighbour upstairs have done a few meetings in her house with music and it has disturbed me - I have woken up around 11pm to ask to lower the volume.

I live in this place for months now, I know the landlord and I am very happy here
I do not want to move however I am quite concerned with this new business downstairs and how loud that will be as they are allowed to have music on until 1am everyday.

We have a pub in the corner which is Hof’s. Even being in the other corner, most of the nights we can hear EVERYTHING from my flat. People talking very loud and singing.

Therefore If there is lots of people chatting and loud music downstairs I know that this will be a disturbance.

Could I please ask this to be reviewed?
This is a residential area and we suffer with loud drunk people!
Please I kindly ask to change this as 1am is too late…

Looking forward to hear back from you
Best regards
Marilia

Appendix D – representation Dicker

From: Katy Dickie
Sent: 31 March 2023 06:27 PM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: Notice of application by Green Room Enterprises Ltd - 48 Market Place, Henley-on-Thames, RG9 2AG

Dear Licensing Team,

We live at Market Place, Henley-on-Thames, RG9 and are writing to make representations against the application made by Green Room Enterprises Ltd for the premises 48 Market Place, Henley-on-Thames, RG9 2AG.

We have lived in our home at Market Place, RG9 since 2011. Previously the site (48 Market Place) was a licensed premises and the residential area we live in was disrupted by noise at unsociable hours and unsociable behaviour. When it was a licenses premises previously there was a larger area and garden. Nevertheless, customers of 48 Market Place still stood on the street which caused disturbance late at night and early morning.

The layout of the interior of 48 Market Place is small. Furthermore, it has residential properties both above and surrounding it. There is no outside space which can be used for smokers that will not disrupt residents. The small interior of the premises within a residential area makes it extremely unsuitable for late night live music, late night supply of alcohol and the provision of late night refreshments.

Reintroduction of late night supply of alcohol and introduction of late night live music will prevent us from being allowed to live in our home with quiet enjoyment.

We are deeply troubled by the prospect of this application being approved and the subsequent impact on the quality of our lives. We sincerely hope the fact that the premises are both surrounded by and below residential properties makes it obvious that this should not be approved.

Yours faithfully

Kathryn and Robert Dickie

Market Place, Henley-on-Thames, RG9 – telephone

Appendix E – representation Trudeau

From: Hilary Trudeau
Sent: 03 April 2023 03:22 PM
To: Licensing South <licensing@southoxon.gov.uk>
Cc: Philip Trudeau email
Subject: Objection to Premises Licence 48 Market Place Henley-on-Thames

Dear Sir/Madam

We live at Upper Market Place, Henley-on-Thames RG9 , and would like to object in the strongest possible terms to the application made by Green Room Enterprises Ltd for the premises 48 Upper Market Place, Henley-on-Thames, RG9 2AG, to be licensed for live music, alcohol and the serving of food until 1AM – 7 days a week.

Upper Market Place is almost exclusively residential, with old people and young families with children, one art gallery and a few commercial offices. In addition, West Street immediately behind the proposed licensed premises, is entirely residential.

There are two Public Houses nearby, The Row Barge and Hof’s, both of which serve food and drink.

Our house is a family home opposite number 48, and it is currently in a very nice quiet area, with extremely limited parking.

Henley Town Council has been encouraging the residential nature and development of the town, with our own house recently having been a commercial restaurant now converted to a house.

Number 48 Market Place (the proposed new venue) has recently acquired planning permission for part-conversion from commercial to residential accommodation. The upstairs floors above the venue and adjacent accommodation to 48 Market Place are now 2 flats and a small cottage.

Such changes of commercial properties to residential has been encouraged by Henley Town Council, to reintroduce vitality and viability back into the town centre.

We believe that the now, much smaller, commercial premises at 48 Market Place are entirely unsuitable as a venue for the provision of late-night music, the sale of alcohol and late-night refreshments.

There is no outside area for customers to stand to smoke other than in the street.

There will be a marked increase in traffic and parking problems due to people being dropped off and collected from outside the venue, with resultant increases in noise and anti-social behaviour.

Whilst loitering in Upper Market Place there may be damage or vandalism to our properties.

Upper Market Place is a residential area and is quiet and peaceful, and there are lots of other places in Henley where people can go for music, drinking and late-night food.

It would be inappropriate to open this late-night, live music venue in a quiet residential area, and it would severely affect our quality of life.

Yours faithfully

P.A. and H. Trudeau

Appendix F – representation Shaw

From: louise shaw
Sent: 04 April 2023 18:21
To: Licensing South <licensing@southoxon.gov.uk>
Subject: Notice of application by Green Room Enterprises Ltd - 48 Market Place, Henley-on-Thames, RG9 2AG

Dear Licensing Team,

I live at Market Place, Henley-on-Thames, RG9 and am writing to make representations against the application made by Green Room Enterprises Ltd for the premises 48 Market Place, Henley-on-Thames, RG9 2AG.

I have lived in my home at Market Place, RG9 since 2009. Previously the site (48 Market Place) was a licensed premises and the residential area we live in was disrupted by loud music at unsociable hours. When it was a licensed premises previously there was a larger interior area and garden. Even with the garden available, customers of 48 Market Place still stood on the narrow street corner offering up antisocial behaviour causing disturbances late into the night and early morning.

The layout of the interior of 48 Market Place is now far smaller. Furthermore, it has residential properties both above and surrounding it. There is no outside space which can be used for smokers that will not disrupt residents. The small interior of the premises within a residential area makes it extremely unsuitable for late night live music, late night supply of alcohol and the provision of late night refreshments.

Reintroduction of late night supply of alcohol and introduction of late night live music will prevent me from being allowed to live in my home with quiet enjoyment.

I am deeply troubled by the prospect of this application being approved and the subsequent impact on the quality of our lives. I sincerely hope the fact that the premises are surrounded by residential properties makes it obvious that this should not be approved.

Yours faithfully

Louise Shaw

Market Place, Henley-on-Thames, RG9 - telephone

Appendix G – representation Pattie

From: Graham Pattie
Sent: 12 April 2023 05:51 PM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: licensing application 48 Market Place Henley Rg9 2AG by Green room enterprises

Hello,

I would like to object to this application and in particular the lengthy licensing hours.

This pub is adjacent to residential properties which would suffer disproportionately from noise and anti-social behaviour late into the night, seven days a week. Late night activities will lead to crime and disorder in the form of anti-social behaviour.

Adjacent properties are listed and unable to fit double glazing which might reduce the noise.

This location is not in the commercial centre of Henley but on the fringe with a predominantly residential street on one side of the premises. The application is in effect for a late night bar/nightclub of sorts that would drag the late night drinkers and antisocial behaviour out of the centre of town and into the residential neighbourhood. As such it would constitute a public nuisance.

Best regards

Graham Pattie

west st

Henley-on-thames RG9

Appendix H – representation Shlewet

From: Anis Shlewet
Sent: 12 April 2023 06:18 PM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: Application by GREEN ROOM ENTERPRISES LTD

To Whom It May Concern

I live on West Street with my partner and our three year old daughter. The premises above is opposite our house and granting a license for music until 1am, 7 days a week will be a disaster for us and every other resident on West Street and the surrounding area.

Granting this license will make our lives hell as well as every other resident in the surrounding area.

Sincerely,
A. Shlewet

Appendix I – representation Greenhalgh et al.

Appendix J – representation Hall

From: Colin Hall
Sent: 13 April 2023 06:59 PM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: Planning application Green Rooms Enterprises 48 Market Place Henley-on-Thames

We have seen the planning application by Green Room Enterprises posted in 48 Market Place Henley-on-Thames for licensing for alcohol music and general entertainment up until 0100hrs.

We strongly object to this application on the grounds of

- likely noise during and after the hours proposed

- likely antisocial behaviour during and after the hours proposed

which will significantly impact all the residential properties in the West Street and Upper Market Place area.

Henley already has a wide range of licensed premises, it does not need any more.

The application should be declined.

Colin Hall

Market Place Henley-on-Thames RG9

Appendix K – representation Burness

From: jburness@axiomtwo.com <jburness@axiomtwo.com>
Sent: 14 April 2023 03:04 PM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: Green Room Enterprises Premises Licence Objection

Dear Sir/Madam

I am the owner of West Hill Court, Kings Road, Henley on Thames, RG9 . I object to the possible granting of a premises licence allowing live and recorded music and extended licencing hours at 48 Market Place for the following reasons:

· 48 Market Place is in close proximity to numerous residential dwellings including one directly above in the same building. Continual late night music potentially every day of the week will be unpleasant and disruptive to residents interrupting the right to quiet enjoyment of their property.

· 48 Market Place has no outside beer garden which means that customers will spill out onto a dangerous road junction with fast moving traffic, either smoking or in various stages of intoxication. There will be a real danger of a serious and potentially life threatening accident if this licence is granted.

· There is a green space along the side of 48 Market Place. This is owned by the West Hill Court Management Company. The lack of outdoor facilities will tempt drinkers and smokers to this space thus encouraging continual trespass and nuisance along West Street.

Please contact me if you have any questions.

Best wishes

John Burness

Appendix L – representation Wheatley

From: Stuart Wheatley
Sent: 16 April 2023 11:08 AM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: License Application 48 Market Place RG9 2AG

Dear Sir/Madam

I am writing to object to the application for a the above premise.

The proposed activities and times are as follows:

Application:-

PROVISION OF LIVE MUSIC - 9:00 - 1:00AM MON TO SUN

• PROVISION OF RECORDED MUSIC - 8:00 - 1:00AM MON TO SUN

• ANYTHING ELSE OF A SIMILAR DESCRIPTION- 9:00 - 1:00AM MON

• TO SUN (OCCASIONAL EVENTS)

• PROVISION OF LATE NIGHT REFRESHMENTS: -23:00 - 12:30AM

• MON TO SUN

• SUPPLY OF ALCOHOL-11:00 - 12:30AM MON TO SUN

As I am sure you appreciate the premise are in a residential area and conservation area. Previous license applications for this and other nearby venues have taken this into consideration and limited the provision of live musical to one or two specific days and hours additionally restricted the serving of alcohol after 11:00 to specific days. This to minimise the impact of noise and any potential anti social behaviour that can occur.

There is also the issue of public safety the location of the premise and main entrance to the venue is on the junction of a very busy road intersection posing a risk to pedestrians and vehicles. Given the size of the development what measure to prevent overcrowding of the site and should they congregate on the corner of this junction or that of West Street, before, during or on leaving there is a significant risk of injury. This was why there are very clear restrictions at other nearby venues on the consumption of food and drink outside the venue.

Whilst I appreciate that the new Licensee is not related to the previous license holder of the “Queen Victoria”, their license was revoked on several occasions for various reasons; I am not suggesting that this should prejudice their application but it does demonstrate that due diligence needs to be undertaken in consideration of the application.

Whilst my list is not exhaustive and I could elaborate further I would like you to consider these observations in reviewing the application.

I am attaching the current license for “Hof's” which provides a reference point and template for the last license granted within 25 metres of 48 Market Square. From which you can see there are several limitations to reflect the points above.

Many thanks

Stuart Wheatley

Westhill Court

Kings Road

Henley on Thames
Appendix M – representation James

From: Sue James
Sent: 16 April 2023 11:05 PM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: Premises Licence application: 48 Market Place - Green Room

Dear Licensing Dept,

The above application, seeking a licence 7 days per week for live and recorded music from 8am till 1am and an alcohol licence until 12.30am, would adversely affect residents in the heavily populated residential areas of West Street, Market Place and Gravel Hill. in terms of noise and antisocial behaviour (which is already a problem for the Police and Town Council in Henley). The premises is also near the Town Hall and its parking spaces.

There are already two pubs, The Row Barge and Hofs, within a few hundred yards of each other - this proposal would add a third and the business sounds more than a local corner pub (which is what existed here before}

What is meant by "other associated activities" until 1am, 7 nights per week? Does it mean a nightclub?

For the peace of residents, users of the Town Hall and policing of anti-social behaviour in Henley, I would suggest this application is refused.

Yours faithfully,

Sue James

Gravel Hill

RG9

Appendix N – representation Baines

From: Liz Baines
Sent: 17 April 2023 12:09 PM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: Green Room Enterprises Ltd - License

We are the Property Managers for West Hill Court, Kings Road, RG9 2DF.

The Leaseholders have asked me to contact you on their behalf regards Green Room Enterprises Ltd’s application for a premises license.

The Leaseholders have only just been made aware of the application and would strongly object to these licenses being approved.

They believe that if these licenses are granted it would cause disturbance and unnecessary stress to the Residents at West Hill Court.

Kind Regards

Liz Baines
Property Manager

Property Management for the Modern World

Appendix O – representation Bareham

From: John & Anthea Bareham
Sent: 17 April 2023 02:48 PM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: Application for premises licence 48 Market Place Henley on Thames RG9 2AG

Dear Sir/Madam

I wish to strongly object to this application for the following reasons.

1. The premises are situated in conservation area and therefore totally inappropriate

2. It is also a residential area and therefore likely to be a source of loud music late at night,
drunken antisocial behaviour, and the possibility of patrons spilling onto a dangerous corner of a busy road junction and causing a serious accident.

3. The owners of this establishment will no doubt promise to limit the noise, ensure good behaviour, and generally observe all limitations placed on them, but their patrons will, inevitably, especially after a few drinks, ignore any limitations placed on them

This application is essentially for a full facility nightclub operating in a totally inappropriate area, an operation more suited to an industrial estate than the centre of a small market town.

John Bareham
tel:
skype:

Appendix P – representation Caminada

From: Charlie Caminada
Sent: 18 April 2023 10:16 AM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: Re: URGENT for TODAY. Green Room Enterprises Ltd, 48 Market Place, Henley-on-Thames, RG9 2AG. OBJECTION TO APPLICATION

To Whom it May Concern,

The residents of West Hill Court (9 housings) on the Kings Road next to 48 Market Square in Henley-on-Thames wish to object very strongly to the application for permission by Green Room Enterprises Ltd to be granted an alcohol license from 11am to 12.30am Monday to Sunday, live entertainment from 9am to 1am Monday to Sunday and recorded music from 8am to 1am also from Monday to Sunday.

This application is a disgrace.   This is a residential and conservation area in Henley and these applications are completely against and highly damaging to preserving the quality, status and the unique character of the town.

Our collective view is that if successful, this application will greatly create drunken and disorderly behaviour, potential crime with use of drugs and noise levels seven days a week that are totally unacceptable.    It would also go against the very character and historical nature of Henley as well as severely affect the lives of many in a beautiful conservation area.

We will fight down this application in the strongest way.

Yours sincerely,

Charles Caminada
    West Hill Court,
Kings Rd,
RG9

Appendix Q – representation Bradley

From: Janet Bradley
Sent: 17 April 2023 06:29 PM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: Green Room Enterprises Ltd 48 Market Place, Henley on Thames, RG9 2AG

Dear Sirs
I live at West Hill Court,RG9
And object strongly to a licence being granted for
Provision of Live Music
Provision of Recorded Music
Anything Else of a similar Nature
Supply of Alcohol

For the hours mentioned as they are quite out of keeping in a residential
area. My kitchen and bedroom windows are directly facing windows 49Market Place. I was shown the area in the interior of the room where the applicant intends to play music and there is a window exactly opposite my bedroom.

Yours sincerely

Janet Bradley

Appendix R – representation Greenwood

From: Vivienne Greenwood
Sent: 18 April 2023 12:21 PM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: Application for Premises License, 48 Market Place, Henley on Thames RG9 2AG

As West Street residents, we object to the granting of a late night, 7 days a week, licence to Green Room Enterprises on the following grounds:

Excessive noise from live/recorded music 7 days a week till
the early hours.

4. The likelihood of late night anti-social behaviour, potentially,

5. on any night of the year.

5. With many pubs closing or restricting their opening hours,

6. Henley has sufficient late night opening venues. The previous pub on that site, the Victoria, closed several years ago and two subsequent hospitality ventures there have also failed.

The Licensing Authority needs to be aware that the police station in Henly is only manned in day-time hours.

In conclusion, this licence should not be granted. It requests 7 days a week, 365 days a year late-night provision with scant regard for potential disruption to others in the locality. This is particularly relevant given the concentration of residential development in the immediate neighbourhood.

Viv & Derek Greenwood

West Street

Henley on THames

RG9
Appendix S – Representation The Henley Society

From:
Sent: 18 April 2023 08:29 PM
To: Licensing South <licensing@southoxon.gov.uk>
Subject: Application for premises licence at the Green Room, Market Place, henley on Thames.

Sirs,

Apologies for the late response to this application; we understand the deadline is Wednesday 19th April.

The Henley Society strongly objects to this application on the following grounds-

The hours applied for are too long - Music 7 days a week until 1am, including selling alcohol until 12.30am is not acceptable in a heavily populated area such as this.

Precedent will be set for other similar premises (and we note that the PH on the opposite corner, Hofs, plays music until the small hours at weekends already).

Henley is already well-catered for in this market with the The Bull on Bell Street, Hofs (as above), Magoos and other outlets providing similar musical services.

We are fearful that anti social behaviour, already prevalent around other similar establishments, will increase and with a virtually non-existent police presence should not be encouraged.

The proposal is unneighbourly. There are many residential properties close by the inhabitants of which will be adversely affected by noise and possible anti social behaviour as mentioned above.

The applicant has shown little regard for the comfort and well-being of his 'neighbours'.

An additional outlet such as this will dilute the opportunities for business at other similar establishments at a time when the hospitality trade is under pressure.

We strongly recommend refusal of this application.

Yours faithfully,

The Executive Committee

=====================

Appendix T – location plan

Blue star indicating the location of the premises, yellow circles indicating the approximate location of persons who have made representations (where available)

Application for a premises licence for The Green Room, 48 Market Place, Henley-on-Thames, RG9 2AG

Recommendation

Purpose of Report

Strategic Objectives

Background

Financial Implications

Legal Implications

Conclusion

Background Papers