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Application for the Review of a Premises Licence under s51 Licensing Act, 2003 at The Swan Pub, Three Mile Cross, Licensing and Appeals Hearings Sub Committee - Monday, 22nd September, 2025 10.00 am
September 22, 2025 View on council websiteSummary
The Licensing and Appeals Hearings Sub Committee are scheduled to meet to consider an application for the review of a premises licence relating to The Swan pub in Three Mile Cross. The application for review was made by Mr Daniel Dursley and others, and relates to concerns about noise, anti-social behaviour and public safety. The sub-committee will consider the application and representations received, and has a number of options available to it, including modifying the licence conditions, suspending or revoking the licence, or taking no action.
Review of Premises Licence for The Swan
The sub-committee will consider an application for the review of the premises licence for The Swan Public House, Basingstoke Road, Three Mile Cross. The application for review was submitted by Mr Daniel Dursley and others, and is attached as Appendix B to the report pack.
The report pack states that the grounds for the review relate to all four licensing objectives:
- Prevention of crime and disorder
- Public safety
- Prevention of public nuisance
- Protection of children from harm
The application requests that the sub-committee consider:
- The removal of a bus from the premises
- Excluding the use of glass outside
- Limiting the location and hours of external amplified or acoustic music
- Appropriate staff supervision of garden areas to reduce anti-social behaviour
The application states that current licensing conditions are causing significant issues to local residents, including public nuisance, anti-social behaviour and danger to children. It claims that there have been a series of issues since the pub put a double decker bus in its garden, which has become a public nuisance. The report pack also states that complaints have been made about children breaking into the bus, noise issues, and bottles and glasses being thrown into neighbouring properties.
Representations
As part of the consultation, a licensing officer placed blue public notices at the premises, as shown in Appendix C.
The report pack includes a representation from Mr Chris Long, Anti-Social Behaviour Enforcement Officer, Wokingham Borough Council, who confirms that the ASB team have received and investigated complaints from residents regarding noise and public nuisance emanating from the premises.
Mr Chris Long's representation states that between 25 June 2024 and 20 October 2024, 12 complaints of noise nuisance were received, 8 of which related to the volume of music during licensed hours, and 4 of noise nuisance from music and people outside of licensed hours. One complaint was of public nuisance relating to patrons urinating outside the premises.
Mr Chris Long also states that ASB officers conducted 9 noise monitoring inspections and observed no potential statutory noise nuisance1 or public nuisance. He says that ASB addressed the concerns of residents with the licensee, who agreed to move the music equipment/stage to an area of the premises garden further from residential properties.
Mr Chris Long's representation also confirms that ASB received 5 complaints in May and June 2025 relating to a double decker bus parked in the rear garden area of the premises, relating to concerns of privacy, potential light and noise nuisance, and the condition of the bus and children being able to access inside.
Mr Chris Long states that ASB conducted a site inspection with the licensee and determined that the bus was not in use and was not a source of a statutory light or noise nuisance. He also states that the Wokingham Borough Council Planning Department advised that the bus was not in use and was considered a 'chattel' and not development requiring planning permission.
No other representations were received.
Options Available to the Sub-Committee
The report pack states that the sub-committee must determine the application in accordance with S52 of the Licensing Act 2003, having regard to the review application, representations received, and the requirement to promote the four licensing objectives.
The following options are open to the Licensing and Appeals Sub-Committee:
(i) To modify the conditions of the licence (permanently, or for a period not exceeding three months);
(ii) To exclude a licensable activity from the scope of the licence permanently, or for a period not exceeding three months);
(iii) To remove the designated premises supervisor;
(iv) To suspend the licence for a period not exceeding three months;
(v) To revoke the licence;
(vi) To issue formal warnings to the designated premises supervisor and/or premises licence holder;
(vii) To take no action.
The premises licence for The Swan is attached as Appendix A to the report pack. The designated premises supervisor is Ms Charlotte Grant and the licence holder is Fawlty Taverns Ltd. The licence authorises the following licensable activities: films, live music, recorded music, late night refreshment and supply of alcohol.
Election of Chairman
The sub-committee will elect a chairman for the meeting. Councillors Pauline Jorgensen, Basit Alvi, Marc Brunel-Walker, Rob Comber, Chris Cooke, Kay Gilder, Rebecca Margetts, Majid Nagra, Stephen Newton, Jackie Rance, Beth Rowland and Shahid Younis are all members of the Licensing and Appeals Hearings Sub Committee.
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Statutory nuisance is defined in the Environmental Protection Act 1990 as a nuisance that is prejudicial to health or a nuisance. ↩
Attendees
Topics
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Meeting Documents
Reports Pack