The Licensing Panel met to discuss an application for a new premises licence for Feta & Fig at 3 Rectory Row, Bracknell. The panel refused the application, citing concerns about potential public nuisance due to the premises' location in a predominantly residential area. Councillor Nick Allen was elected chair for the meeting.

Feta & Fig Licensing Application

The panel considered an application for a new premises licence for Feta & Fig, located at 3 Rectory Row in Bracknell. The applicant, represented by Mr Raham Fard, sought permission to provide late night refreshment (hot food and drink) both indoors and outdoors between 23:00 and 00:00 Sunday to Thursday, and between 23:00 and 02:00 Friday to Saturday. The proposed overall business hours were 06:00 to 00:00 Sunday to Thursday, and 06:00 to 02:00 Friday to Saturday.

The panel refused the application, determining that granting the licence would likely have an adverse impact on the promotion of the four licensing objectives under the Licensing Act 2003: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. The panel was particularly concerned about the potential for public nuisance, specifically noise and sleep disturbance to residents living above the commercial units.

Objections

One valid representation was received from a local resident, Tensa Campbell, who lived in a flat above the premises. Her objections were based on concerns that granting the licence would likely undermine the licensing objectives, predominantly in relation to the prevention of public nuisance and the prevention of crime and disorder.

The resident raised concerns about:

• Likely increases in noise and smells from the premises, customers, and delivery persons.
• Increased vehicular traffic, including noise from car doors closing.
• Potential increases in anti-social behaviour from people loitering and/or littering outside the premises.

Tensa Campbell stated that the proposed extended hours would exacerbate nuisance to residents and affect their mental health and wellbeing. She also referenced her experience of negative personal impact from noise nuisance from other local businesses already trading in the vicinity and of the unpredictability of customers' behaviour, particularly late at night.

Applicant's Response

Mr Raham Fard, director of Feta & Fig, stated that the extended hours were intended to provide operational flexibility and that he planned to gauge customer demand before committing to those hours. He also proposed additional conditions to alleviate concerns, including providing litter bins, regular litter patrols, signage requesting consideration for residents, and staff monitoring of the outside of the premises.

Panel's Reasoning

The panel acknowledged the steps taken by the applicant to address the concerns, but felt they would not fully prevent the likelihood of harm caused by granting the licence for the operational hours requested. The panel's reasons for refusal included:

• The premises' location in a predominantly residential area, with no other businesses trading beyond 23:00.
• Existing noise disturbances from adjacent businesses, including early morning deliveries and activity in the car parks.
• The potential for continuous noise from extractor fans and intermittent customer/delivery agent activity.
• The applicant's uncertainty about the demand for late-night refreshment in the area.

The panel considered that the evidence and concerns from the resident were compelling and directly relevant to the potential for increased public nuisance. They stated that these concerns outweighed the absence of formal objections from the Responsible Authorities¹.

The panel noted that the rejection did not prevent the applicant from re-applying once they had a better understanding of the business demand and had addressed the concerns raised.