A decision has been made on whether a cinema in Reading can stay open after it was caught operating unlawfully for weeks on end.
The Biscuit Factory independent cinema has been a fixture at Broad Street Mall in the town centre since July 2021.
While it has become a venue for a range of community groups, including wellbeing networks and the LGBTQ+ community, it has had a rocky history.
It was saved from closure in January last year after the original operating company, The Really Local Group, went insolvent.
A new company by the same people was set up in a rescue deal, but that went insolvent in February this year.
While the venue was rescued again by the company RIENT Ltd, a blunder meant its licence – which allowed film showings, alcohol sales and food sales past 11pm – was not transferred.
Without this licence, alcohol sales and even film showings were unlawful for weeks on end.
Reading Borough Council licensing officers visited on Tuesday, February 24 to find all activities continuing.
They were even able to purchase a pint, before telling staff that alcohol sales were banned.
The venue has been closed throughout May due to its unlawful status.
That’s why a Thames Valley Police licensing officer and the council’s licensing team wanted a bid for a new licence to restore activities there to be rejected.
A council meeting was held to reach a decision.
Apologising, Bill Donne, a licensing representative for The Biscuit Factory, repeatedly said the circumstances were shocking.
The blunder in not transferring the licence was blamed on a man called ‘Mr L’ who was previously the operations manager.
Mr Donne said: “Mr L misunderstood what the situation was.”
The current operations manager, Matthew Ferguson, was on annual leave visiting his mother when it became clear the Biscuit Factory was operating unlawfully.
Mr Donne said: “If Mr Ferguson was on site, this transgression wouldn’t have happened.”
The Biscuit Factory was defended by Tony Page, a former councillor, mayor and alderman.
Mr Page said: “A large number of local groups use this facility during the day. It’s a safe and welcoming environment and the staff encourage this. It’s a welcome, unique aspect of the business.”
Licensing officers disagreed, arguing the community benefit does not supersede the requirement for businesses to operate lawfully.
As a consequence of the errors, two staff members had to resign, and Mr L only works for the company to organise film showings, with no other operational duties.
Staff could also be prosecuted for breaches of the Licensing Act, which can result in an unlimited fine and six months imprisonment.
The Biscuit Factory was blasted by licensing officers.
PC Declan Smyth said: “It’s not a one-off error, it’s organisational negligence.”
Council licensing officer Mike Harding said: “It’s not the lapse, it’s what happened afterwards. They were instructed to stop. They were informed, they understood, they continued.”
Ultimately, the council’s licensing applications sub-committee decided to grant the new licence at the meeting on Thursday, June 18.
This allows films, alcohol sales and food sales past 11pm to take place.
That is on the condition that Mr L is not allowed to manage the premises, and the four other managers alongside Mr Ferguson must gain personal licences.
The decision was made by councillors Paul Woodward (Labour, Church), Glenn Dennis (Labour, Kentwood) and Sarah Magon (Green, Park).
