Agenda item

The Sub-Committee considered an application for a premises licence in respect of Tesco Stores Ltd.  Tesco Express, 278 Burgess Road, Southampton SO16 3BE.

In accordance with Regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005 the Sub-Committee determined to proceed in the absence of the residential objector who had indicated that she was unable to attend the hearing.

Mr C Rees-Gay (Woods Whur on behalf of Tesco) and Mr C Diplock (DPS/Store Manager, Tesco) were present and with the consent of the Chair addressed the meeting.

The Sub-Committee considered the decision in confidential session in accordance with the Licensing Act (Hearings) Regulations 2005.

RESOLVED that the application for a premises licence be approved, and in accordance with conditions agreed with Hampshire Constabulary.

After private deliberation the Sub-Committee reconvened and the Chair read the following decision:-

All parties will receive formal written confirmation of the decision and reasons.

The Sub-Committee has considered very carefully the application for a premises licence at Tesco Express, 278 Burgess Road. It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy. 

The Sub-Committee considered representations, both written and given orally today, by all parties. Human rights legislation has been borne in mind whilst making the decision.

The Sub-Committee noted that the one residential objector was not able to attend the hearing but determined that the hearing should continue in their absence.  The written representation was carefully considered and taken into account and it was noted that this raised issues in relation to commercial need and young people congregating in the area.

The Sub-Committee has determined that the application should be approved, as applied for and in accordance with conditions agreed with Hampshire Constabulary.

Reasons

The Sub-Committee noted that no other representation had been received including, in particular, from any of the responsible authorities.  The police had agreed extensive conditions to be added to the operating schedule and in turn the premises licence, if granted.  Those additional conditions relating to CCTV, incident log, Challenge 25 policy, identification, posters at the premises, training, training records, the sale of single cans and the sale of beers, ciders or lager above 5.5% ABV being prohibited.

The Sub-Committee also heard from the applicant that security staff would be on duty until closing at midnight, a minimum of three staff would be on duty, including a manager and that no evidence was presented of actual incidents of concern at the premises.

The Sub-Committee accepted legal advice that demand or commercial need are not factors that can be taken into consideration in accordance with the statutory guidance and policy.

Local residents can be reassured that in the event that the grant of the licence does in fact lead to issues of concern, relevant to the licensing objectives, a review may be initiated where evidence of the same can be considered and may result in appropriate steps being taken to address them.

There is a right of appeal for all parties to the Magistrates’ Court.  Formal notification of the decision will set out that right in full.