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RESOLVED:
 
The decision
 
The Licensing Sub-Committee in considering this decision
from the information presented to it within the report and at the
hearing has determined that having regard to the promotion of all
the licensing objectives:
 
The prevention of crime and disorder;
Public safety;
Prevention of public nuisance; and
The protection of children from harm,
 
the application for a premises licence has been approved in
accordance with the Council’s Statement of Licensing Policy
and the proposed conditions set out in paragraph 8.1 of the report
as applied for with the following amendments agreed with the
Applicant.
 
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The hours for licensable activities, shall be, as
agreed:
 
 
 
 
Supply of Alcohol
 
 
Monday to Sunday     
07:00 - 23:00
 
 
 
 
Hours open to the public
 
 
Monday to Sunday     
07:00 - 23:00
 
 
 
 
Conditions 13 to 18 to be removed from the
licence.
 
 
Conditions 10 and 11 to be removed from the
licence.
 
 
Late night, refreshment to be removed from the
licence. 
 
 
 
 
And additional conditions:
 
 
The Premises Licence Holder shall organise and publicise a
meeting for local residents to discuss the operation of the
premises and address any issues at least every 3 months. The
frequency of meetings may be varied by agreement between the
Premises Licence Holder and local residents.
 
Reasons for the decision
 
The application for a premises licence for off-sales has
been approved because the Licensing Sub-Committee was satisfied
that the licensing objectives would not be undermined.
 
 
The Sub-committee considered both written representations
and representations from the 22 local residents including from
Walrond Residents Association objecting to the application. The
Sub-committee also considered that there was a petition submitted
objecting to the application for off sales of alcohol. The
Sub-committee noted that there are 75 flats in the local residents
building.
 
 
The Sub-committee also considered the representations made
by Environmental Enforcement, who agreed conditions with the
Applicant before the hearing, the Sub-committee also considered the
representations of the Environmental Protection team and the
conditions that they proposed, and it decided that conditions
Conditions 10 and 11 are not necessary because they related to on
sales and only condition 12 from Environmental Protection would
remain on the premises licence.
 
 
The Sub-committee heard representations from the Applicants
legal representative that the application has been amended with
reduced hours from 06:00 to 23:00 in accordance with Policy LP4.
The Sub-committee heard that this is one of the Applicants smallest
stores, that they are a good operator, that they follow best
practices and that the premises is not in a stress area. The
Applicants legal representative contends that unless there was good
evidence in accordance with Government guidance that the
application should be granted. The Applicants representative made
submissions that the Applicant uses Think 21 policy. The Applicant
does have extensive auditing and they have training for staff on
alcohol sales. The Sub-committee heard that the Applicant has a
detailed licensing policy in their stores and CCTV on the entrance
and tills and in the alcohol areas of the store. The Applicants
representative stated that 5% of store products are
alcohol.
 
 
The Sub-committee heard that they have two bins outside the
store and they are cleared regularly, and  the premises had a delivery policy from 07:00 to
19:00.
 
 
The Sub-committee heard that three quarters of the
residential flats had vulnerable residents over the age of 55 and
felt that they were not being considered by the Applicant when
making an application for an alcohol licence. The Sub-committee
heard that the local residents were seeking reduced opening hours,
and delivery hours to mitigate any noise impact. The Sub-Committee
heard that there were 65 incidents reported in the area.
 
 
The Sub-committee heard that local residents were not
consulted about the application. The local residents made
representations that if the hours would not be reduced that they
would like the application to be refused because there is a high
risk of antisocial behaviour and public nuisance if the premises is
allowed to operate until late at night. The Sub-committee heard
that there had been a number of issues with Tesco opening long
hours. The Sub-committee heard there was a large courtyard for
people to drink until all hours of the night. The Sub-committee
heard that this courtyard and open space encourages noise nuisance
which bounces off and affects local residents in the flats above.
The Sub-committee was asked to reject the application by the local
residents because there already appeared to be a pattern of
behaviour, which makes it difficult for local residents to live in
the area.
 
 
The Sub-committee also heard that store cages were left at
the front of the premises on a regular basis, and it adds to
security and loitering issues and also they make a great deal of
noise which affects local residents.
 
 
The Sub-committee heard from local residents that they are
opposed to the application because the Applicant would not consider
what happens to their customers after they leave the premises and
the impact on the area immediately outside the premises which leads
to anti-social behaviour and public nuisance. The local residents
were not confident that the Applicants staff were trained
sufficiently. The local residents said that they had seen bicycles
stolen from the area and they also had experiences of families and
children being concerned about tailgating and safety concerns in
their residential building.
 
 
The Sub-committee heard that the Applicant is responsible
for the premises and the front entrance. The Applicant does not own
the building or the courtyard outside. The Applicant’s
Representatives confirmed that after receiving the representations,
the Applicant decided to reduce their hours to consider the local
residents and because the Applicant wanted to work with them. The
Applicant does not feel the fears and concerns of the local
residence will materialise. The Applicant confirmed that they will
be active and will clean and maintain the area immediately outside
of the shop.
 
 
The Sub-committee took into account that the Applicant had
a delivery assessment and they have a process for using the cages
in front of the premises. They cannot use the space at the back of
the premises for the cages.
 
 
The Sub-committee took into consideration that the
Applicant agreed to reduce the hours further by opening from 07:00
closing by 23:00. They noted that space is a premium at this store.
They have taken into consideration how their Newington Green Store
is operated. The Applicant confirmed that the loading and unloading
will not be at the front of the premises, which they hope will
reassure local residents. There will be no late night refreshment
as a result of the reduced hours, and that they have security teams
who can help with issues.
 
 
The Sub-committee took into consideration that the
Applicant agreed to have quarterly meetings with the local
residence or more frequently if they choose, which will assist them
in dealing with any issues arising. The Applicant’s legal
representative confirmed that the Applicant will be a good
neighbour and they will do their best to listen to residents'
concerns and meet with them regularly.
 
 
The Sub-committee heard that local residents had paid for
two benches to be moved in the courtyard area which are now
situated outside the Applicant’s premises. The Sub-committee
heard that the local residents were disappointed that the Applicant
could not restrict drinkers outside of the premises.
 
 
The Sub-committee took into account that local residents
felt that the Applicant needs to demonstrate that the licensing
objectives have been met, and that the sale of alcohol does not
lead to crime and disorder and antisocial behaviour in the
residential area.
 
 
The Sub-committee informed the local residents during the
hearing that while they sympathise with local residents and their
concerns and experiences they do not want to give false hope that
the objections will mean a refusal of the alcohol
licence.
 
 
The Sub-committee made it clear that they cannot put
responsibility on the Applicant as to what happens once customers
leave the premises. They cannot control how the Applicant operates
their premises beyond the scope of the Licensing regime. This is an
application for an alcohol licence to supply alcohol that is taken
off the premises.
 
 
The Sub-committee considers each application on its own
merits.
 
 
The Sub-committee took into consideration that there was no
evidence that concerns would be exacerbated. The Sub-committee
heard that the Applicant, Tesco are a tenant of the premises and
there were concerns about litter and antisocial behaviour occurring
outside of the premises which impacts the local residents in the
area. The Sub-committee heard concerns from local residents about
how the issue of litter and social behaviour and public nuisance
will be monitored if the Applicant starts using the outside space
and what enforcement action can be taken to prevent public nuisance
in the area.
 
 
The Sub-committee was satisfied that with the conditions
and reduced hours in accordance with Policy LP4 for alcohol off
sales that would help the premises operate responsibly, and the
concerns of local residents would be overcome. The Sub-committee
took into consideration that the Applicant agreed to the
Environmental Enforcement conditions and they agreed to have
regular meetings with the local residents.
 
 
Having taken all of the above factors into consideration
the Licensing Sub-committee
was satisfied that this application could be approved
without the licensing objectives being undermined.
 
 
Public Informative:
 
 
The Premises Licence holder is advised to inform the
Licensing Authority of the Planning Permission they have obtained
for the premises.