Venue: This meeting will be held virtually using MSTeams.
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Local Code of Conduct - Disclosable Pecuniary Interests
In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda. Any councillor with a DPI must not participate in any discussion or vote regarding that matter and that they must also withdraw from the meeting immediately before consideration of the matter.
If that DPI has not been registered, you must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.
Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.
No declaration of interests were declared.
In arriving at its decision, the Sub-Committee took into account the relevant representations submitted verbally and in writing. The Sub-Committee was also made aware that the following sections of the Licensing Policy were relevant:
· Section 4: (Fundamental Principles)
· Section 11: (Licensing Hours)
· Section 12. 2: (Prevention of Crime and Disorder)
· Section 12.4 (Prevention of Public Nuisance)
· Section 12.5 (Protection of Children from Harm)
·Section 13 (Licence conditions)
The following sections of the Guidance issued in April 2018 by the Secretary of State under Section 182 of the Licensing Act 2003 are relevant:
Paragraph 1.16 - Licence conditions – General principles
Paragraph 1.17 – Each application on its own merits
Paragraphs 2.1-2.6 –Crime and Disorder
Paragraphs 2.15-2.21 – Public nuisance
Paragraphs 2.22-2.31 – Protection of Children from Harm
Paragraphs 9.31-9.41 – Hearings
Paragraphs 9.42-9.44 – Determining actions that are appropriate for the
promotion of the licensing objectives
Paragraphs 10.1-10.66 – Conditions
The Sub-Committee received a report from the Licensing Officer that the application was for a new premises licence for Tesco Stores Ltd to allow the sale of alcohol for consumption off the premises between 6am and 11.00 pm, seven days a week. The premises was located in a retail unit on Queen Elizabeth Park, in a residential area. The applicant had originally applied for a licence until midnight but had submitted revised hours for the sale of alcohol and hours of operation, reduced by one hour from 6am – 11pm. Budgens had previously been located on the site and surrendered its licence in 2015. A planning application for Tesco Stores Ltd, for this site, had also been received by the Council but was a separate matter. If different hours were granted by the Licensing and Planning Authorities, the more restrictive hours would apply. The Sub-Committee noted section 2.4 of the report which detailed how Tesco Stores Ltd would endeavour to comply with the four licensing objectives. A total of seven representations had been received in relation to the application, two of which were from the local Ward Councillors. The Sub-Committee was advised that it must consider the application according to its own merits. The Sub-Committee were advised that they should look to grant the application. However, in light of the relevant representations, it could impose additional conditions on the licence which were appropriate for the promotion of the licensing objectives, proportionate and which dealt with the concerns of those making representations; exclude any of the licensable activities from the scope of the licence; refuse to specify a person as the premises supervisor; or reject the application.
The Chairman invited Mr Christopher Rees-Gay (legal representative) to make his representation on behalf of the applicant. He raised the following points:
· Tesco had submitted reduced hours for the sale of alcohol from 6am until 11pm as opposed to midnight.
· Tesco had a total of 3,400 stores with premises licences, with 2000 stores operating in an Express store format.
· All Tesco’s staff were trained in the sale of alcohol with excellent training standards maintained. ... view the full minutes text for item 4.