Agenda, decisions and minutes

Licensing Act 2003 Sub-Committee - Wednesday 2nd April, 2014 9.30 am

Venue: Council Chamber - Town Hall

Contact: Gemma George; Senior Governance Officer

Items

No.

Item

Apologies for Absence

Declarations of Interest

At this point Members must declare whether they have a disclosable pecuniary interest, or other interest, in any of the items on the agenda, unless it is already entered in the register of members’ interests or is a “pending notification “ that has been disclosed to the Solicitor to the Council.

Members must also declare if they are subject to their party group whip in relation to any items under consideration.

Application for New Premises Licence

Tesco Stores Ltd - 140 Oundle Road PDF 105 KB

Additional documents:

Appendix , item 3a PDF 4 MB

Decision:

DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE

APPLICATION OF THE PREMISES LICENCE – TESCO, 140 OUNDLE ROAD, PETERBOROUGH

2 April 2014

This Decision Notice refers to the application for a premises licence relating toTesco, at 140 Oundle Road, Peterborough.

We have considered the representations made to us today and in writing objecting to the granting of this licence.

Objections

Residents and the Ward Councillor expressed concerns that this licence may add to noise nuisance, anti-social behaviour in the area and other issues associated with street drinkers.

Concerns were also raised regarding the position of the premises near a school.

We noted the contents of the 47 identical letters sent in by concerned residents.

Responsible Authorities

There were no representations from any responsible authority.

The Applicant

The applicant’s representative addressed us on how the premises intend to be operated and referred us to the operating schedule.

The applicant offered via their representative to reduce the hours that alcohol can be sold, with a start time of 8:00 am. We welcome and accept this and direct the application to be amended accordingly.

Our decision

We have disregarded irrelevant factors not evidenced before us today and perceived problems that may be associated with these premises.

We are satisfied at this stage that the operating schedule is sufficient to alleviate any perceived problems associated with these premises in the future.

It is our decision to grant this application as applied with the amended times for the sale of alcohol.

Any party wishing to object to the decision may appeal to the Peterborough Magistrates Court within 21 days of receiving this formal notice at:

Peterborough Court House, Bridge Street, Peterborough, PE1 1ED.

Councillor Saltmarsh

Sub-Committee Chairman

Minutes:

Meeting of the Licensing Act 2003 Sub-Committee

held at the Town Hall, Peterborough on Wednesday, 2 April 2014

RECORD OF DECISION

1. Apologies for Absence		There were no apologies for absence received.
2. Declarations of Interest		There were no declarations of interest.
3. Application		New Premises Licence – Tesco Ltd 140 Oundle Road
3.1	Application Reference	MAU 068867
3.2	Sub-Committee Members	Councillor (Chairman) Saltmarsh Councillor Kreling Councillor Jamil
3.3	Officers	Darren Dolby, Regulatory Officer – Licensing Colin Miles, Lawyer – Legal Advisor to the Sub-Committee Karen S Dunleavy, Governance Officer – Clerk to the Sub-Committee
3.4	Applicant	Tesco Stores Ltd, 140 Oundle Road, Peterborough, PE2 9PJ
3.5	Nature of Application	Application Type Application for a new premises licence. Authorisations and Times Applied For Sale of alcohol for consumption off the premises Monday to Sunday – 6:00am to 11:00pm Hours premises are open to the public Monday to Sunday – 6:00am to 11:00pm Summary of New Premises Licence Application In accordance with the Licensing Act 2003, following the submission of an application for a new premises licence from Tesco Stores Ltd and representation, which had been received from 47 residents and one Ward Councillor, a Responsible Authority, the licensing authority was required to hold a hearing. A summary of the issues raised within the representations included: If granted, the licence would contribute to an increase in street drinking in the area; If granted, the licence could lead to a rise in anti-social behaviour; and If granted, the licence would lead to an increase in noise and disturbance in the area.
3.6	Licensing Objective(s) under which representations were made	3.7 1. The Prevention of Crime and Disorder 3.8 2. The Protection of Children from Harm 3. The Prevention of Public Nuisance 4. The Protection of Public Safety
3.7	Parties/Representatives and witnesses present	Applicant Mr Paul Baylis, Mr Rymar and Mr Ramsey, who presented the case on behalf of Tesco’s Stores Ltd. Ward Councillor Councillor Thulbourn, Ward Councillor for Fletton and Woodston. Other Persons Mrs Audrey Chalmers, Mr Trevor Armstrong, local residents, Pat Alford and Anita Rodcliffe the Grove Community Centre representatives.
3.8	Pre-hearing considerations and any decisions taken by the Sub-Committee relating to ancillary matters	There were no pre-hearing considerations.
3.9	Oral representations	The Regulatory Officer addressed the Sub-Committee and outlined the main points with regards to the application. The key points raised in his address included: The premises had operated as a public house (The Boro Boro Bar and the Boys Head); The previous premises licence was surrendered by Star Pubs and Bars on 14 October 2014; There had been an application made by Tesco Stores Ltd, for the sale of alcohol between the hours of 6:00am and 11:00pm daily; and No objection had been received from the Responsible Authorities. Representations against the application had been received from 47 local residents and one Ward Councillor, which highlighted a number of concerns if the premises licence should be granted. Applicant Craig Baylis, representative for Tesco Stores Ltd, addressed the Sub-Committee. The ... view the full minutes text for item 3a

Littlejohn & Co Ltd PDF 109 KB

Additional documents:

Appendix , item 3b PDF 12 MB

Minutes:

Item withdrawn prior to the start of the hearing.