Purpose

Application for a New Premises Licence under
the Licensing Act 2003

Content

Licensing Panel
(Licensing Act 2003 Functions) - Notification of the Determination
of
Panel.
Licensing Panel
hearing held on Monday 21 October 2024 virtually in respect of
the
application for a
new premises licence for Tesco Express, 194 Western Road, Brighton,
BN1 2BA
 
The panel has read all the papers including
the report and relevant representations and listened to the
submissions put forward at the hearing. The panel has also had
regard to the council’s Statement of Licensing Policy (SOLP)
and the section 182 Licensing Act 2003 statutory guidance.
 
The application is for a new premises licence
authorising the sale of alcohol for consumption off the premises
between 08.00 and 22.00 hours every day.
 
The premises are situated within the
Cumulative Impact Area (CIA). This is an area where the council has
determined that the concentration of licensed premises in an area
of the city centre is causing problems of crime and disorder and
public nuisance, and that an approach to “Cumulative
Impact” is necessary as part of its SOLP. That approach
provides that applications for new licences in the CIA which are
likely to add to the existing Cumulative Impact will be refused
following
relevant representations. The presumption of
refusal can be rebutted if the applicant can show that their
application will have no negative Cumulative Impact.
 
A “matrix” approach to licensing
decisions has been adopted by the council in its SOLP. It sets out
a framework of what the licensing authority would like to see
within its area and gives an indication of the likelihood of
success to any applicant. The matrix suggests that no off-licences
will be permitted in the CIA.
 
One representation was received from the
Licensing Authority setting out concerns relating to the Prevention
of Crime and Disorder, the Prevention of Public Nuisance and
Cumulative Impact.
 
At the hearing, the Licensing Authority
representative restated their policy objection to the
application.
 
We heard from the applicant’s legal
representative and Licensing Manager. In their presentation, and in
answer to our questions we were told that:

·      
Tescos are responsible
retailers and had pioneered a number of alcohol licensing best
practice measures.
·      
Within the Brighton area, Tescos
liaise closely with the Police. The applicant had worked closely
with them to identify a suitable location for the new retail outlet
and had agreed conditions, which are set out on pages 31 to 33 of
the agenda.
·      
The conditions are not standard. They are designed to address
problems associated with the CIA. The special conditions include
alcohol behind a screen, staff training every 12 weeks and a door
supervisor on duty throughout the store’s opening hours,
which are longer than the hours for the sale of alcohol.
·      
The applicant company understands the CIA. It already operates 3
stores within it. They do not cause problems. The new store manager
has worked at two of them.
·      
Alcohol is a small but important part of the Tesco offer.
Typically. 95% of alcohol sales are linked to sales of other
goods.
·      
The store will have additional security measures in place
– at least 2 body-worn video cameras on the security guard
and team leader: the ability to close the door and admit customers
one by one; a button to summon support.
The panel has considered this application on
its merits. We note the policy objection to the application based
on both the CIA and Matrix, but we are particularly struck by the
absence of an objection to the application by the Police. In our
experience, that is unusual. We rely on the Police to be the
council’s main source of advice on matters relating to the
promotion of the crime and disorder licensing objective. Their lack
of objection together with agreement of unusually onerous
conditions leads us to conclude that they do not anticipate that
this application will add to the problems of cumulative impact in
the area.
 
We have also noted the applicant’s close
liaison with the Police, and the agreement of conditions. Our CIA
policy allows a departure from the policy in “exceptional
circumstances”. These include consultation with and meeting
requirements of responsible authorities. In this case, the
applicant has satisfied the exceptional circumstances definition,
allowing a departure from policy. In summary, we do not believe
that the application will add to the issues associated with
cumulative impact.
 
The application is therefore granted with the
conditions agreed with the Police, as set out on pages 31-33 of the
agenda.
 
The Panel believes that the above conditions
are appropriate for the promotion of the licensing objectives.
 
The minutes of the panel will be available on
the Council’s website under the rubric ‘Council and
Democracy’. A webcast of the meeting is also available.
 
Appeal Rights
(Section 181 and schedule 5 of the Licensing
Act 2003)
 
The applicant may appeal against the decision
to impose conditions on the licence.
 
Any person who made a relevant representation
who desires to contend that the licence ought not to have been
granted, or that on granting the licence, the licensing authority
ought to have imposed different or additional conditions, may
appeal against the decision.

All appeals must be made to Magistrates’
Court, Edward Street, Brighton, within 21 days of
notification of this decision letter. A fee is
payable upon lodging an appeal.