Agenda item

To consider an application for a new premises licence, against which a representation has been received.

In attendance and speaking at the meeting:

Applicant:

Hardish Purewal – Licensing Manager

Neil Banks – Area Manager

Fayez Butt – Store Manager

The Sub-Committee was asked to consider an application for a new premises licence, against which a representation had been received.

Full details of the application were as set out in the report.

The Chairman asked if any agreement had been reached in relation to the issues in dispute. No agreement was identified.

The Licensing Officer presented the report and provided an outline of the application and the issues for consideration by the Sub-Committee. It was identified that the public representation that had been received during the relevant period contained some matters not covered by the licensing regime.

Ms Purewal addressed the Sub-Committee and made a statement with regard to the following points:

·       Tesco had a “Good Neighbour” policy which was outlined.

·       They have a good relationship with the police, who had raised no objections to the application.

·       Dialogue would continue with responsible authorities if matters arose.

·       All staff training was documented, and training was explained.

·       Tesco had a “Think 25” policy in respect of the sale of alcohol.

·       The store was to be installed with CCTV, linked to their Hub. They also had a security team.

·       Deliveries of alcohol would make up part of their regular deliveries to the store.

·       Permission was sought for a late-night refreshment licence for a coffee machine.

·       In terms of noise, customers would be asked to leave quietly, and notices to leave quietly would be erected.

The Chairman opened the floor to questions, during the course of which the following matters were raised:

·       The applicant explained that the store was primarily for local residents. Tesco had many similar shops in the local area and anti-social behaviour was rarely an issue.

·       The applicant confirmed that staff training was vast, and the amount of training delivered to individual staff members depended on their experience. Training plans were updated annually.

·       This store was not currently designated for home deliveries, but this was an aspect of the business that may be considered in the future.

·       In respect of selling alcohol at the store whilst the Epsom Derby was being held, it was explained that these types of events rarely attracted issues.  There were closer stores to the Epsom Racecourse than this particular store, however if required, security guards would be considered.

·       The applicant confirmed that a risk assessment was carried out in respect of deliveries and road safety. Traffic was monitored to determine the best time for delivery Tesco’s delivery truck sizes varied, and generally smaller ones were used for convenience stores which were quieter. Tesco was also investing in more electric vehicles.

The Chairman ascertained that everyone had the opportunity to put questions or seek clarifications and then invited the attending party to make closing remarks.

Ms Purewal concluded that Tesco’s policies upheld the licensing objectives, they had an excellent relationship with the authorities and no objections to the licence had been raised by the police so weight should be given to this. Tesco looked forward to being part of the local community.

The Chairman reminded the Sub-Committee that if there were breaches of the conditions, residents were able to ask for a review of the licence and appeal.

The Sub-Committee adjourned to deliberate at 11:50am and resumed at 12:30pm to give its decision.

The Licensing and Regulatory Sub-Committee RESOLVED that the application be GRANTED as follows:

That the applicant adheres to promoting the four licensing objectives as set out in Annex 1 of the new premises licence application.

Reasons for the decision

1.    The Licensing & Regulatory Sub Committee has carefully reviewed all the papers before it and noted all the written representations received, both for and against the application. The Committee noted that the objector lives 113 metres distance away and that neighbouring residential properties had not raised similar concerns.

2.    It has paid careful attention to all the oral submissions made today and the written submission. The objector was not present today and therefore the Committee has attached appropriate weight to the objection.

3.    The committee notes that deliveries to the shop would be happening in any case and the addition of including alcohol would be adding little contribution.

4.        It notes that there have been no representations from any of the responsible authorities, including Environmental Protection or the Police.

5.        The Sub Committee has had regard to the Licensing Objectives, and in particular Public Nuisance, Section 182 Licensing Act 2003 statutory guidance and its own Statement of Licensing Policy, in particular Section 8.

6.        The Licensing Sub Committee has given due regard to the individual merits of this application, s149 Equality Act 2010, Human Rights/ECHR legislation in particular article 8 and article 1 First Protocol and the rules of natural justice.

General Observations

7.    The Licensing & Regulatory Sub Committee encourages the applicant to continue to liaise with residents if there are any ongoing issues related to the premises and residents are encouraged to notify the applicant if this is the case.

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8.    It would remind residents that they maintain the right to request a review of the licence should there be any subsequent breach of the licensing objectives.