Agenda item

Report of the Head of Legal, HR and Democratic Services detailing an application for a premises licence in respect of Tesco, Witts Hill, Southampton, SO18 4QA, attached.

The Sub-Committee considered the application for a premises licence in respect of Tesco, Witts Hill, Southampton, SO18 4QA.  (Copy of report circulated with the agenda and appended to the signed minutes).

Mr Colenutt, Operations Manager, Ms Tyklesley, Store Manager and DPS, Miss Petrove, DPS (Applicants), Mr P Whur, Solicitor for Applicant, Mr Clark, Mrs Finch, Mrs Sonchhatia, Mr Goulding, Mr Paisley, Mr Summers, Mr Parnell, Mr Robertson, Ms J Smith, Residents and Councillor White, Ward Councillor, 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 2003 (Hearings) Regulations 2005.

RESOLVED that the application for a premises licence be granted.  (Details set out below).

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

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

The Sub-Committee considered carefully the application for a premises licence at Tesco Stores, Witts Hill and gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance, the adopted statement of Licensing Policy, Human Rights legislation and representations, both written and given orally today by the residents and the applicant.

It notes that the premises licence holder had agreed conditions with the police in relation to CCTV, Challenge 25 and training and that on this basis the Police effectively had no objection and further, no other responsible authority had made a representation.

The Sub-Committee has considered very carefully the evidence submitted by all parties both written and given orally today.

In consideration of all the above, the Sub-Committee has determined to grant the application in the terms sought and subject to the agreed and amended operating schedule, namely:-

• Reduction of the opening hours of the premises and the sale of alcohol to the following -  Monday to Sunday  -  06h00 to 23h00;  and
• Removal of the ability to offer late night refreshment between 23h00 and midnight.

REASONS

The Sub-Committee has considered very carefully the evidence of the residents relating to the licensing objectives, but were satisfied that the steps proposed by the amended operating schedule (via amended conditions as agreed) would be sufficient to address the four licensing objectives.

The Sub-Committee considered very carefully the potential for problems caused by the premises in this location, but were cognisant that the police were now satisfied with the application and had withdrawn their representation.

Despite the residents’ concerns about anti-social behaviour, careful analysis of the evidence presented did not sufficiently show that it was appropriate and necessary to refuse a licence or impose further conditions.  The Sub-Committee has accepted legal advice that it may only consider those issues relating to the four licensing objectives.  Accordingly, issues of need, demand or commercial viability were not taken into account.

The residents expressed concern that issues previously associated with the public house would inevitably reoccur if the application was granted.  However, the sub-committee, after careful consideration, were not satisfied that an off-licence permitting the sale of alcohol when combined with the level of training, provision of a full-time security guard, the experience of the manageress, co-operation with the police to date, including in particular the approval of CCTV systems, the Challenge 25 policy including till prompts as well as other policies and procedures, would necessarily lead to those issues returning to the area.  Perhaps the largest distinction between what was there previously and what is now proposed is the fact that alcohol was consumed on the premises and now will not.  The sub-committee also heard evidence that alcohol would form part of a basket of goods available and would in fact form a small proportion of sales at the premises.  The sub-committee accepted evidence that alcohol would not be discounted and cans of alcohol would not be sold individually.

It is noted that the area has improved since the closure of the previous premises and it is hoped that through the ongoing maintenance of relations with the local community, those issues will not return. 

Residents can be reassured by the fact that the Licensing Act 2003 does allow for significant steps to be taken in the event that a premises does cause issues and undermines the licensing objectives in the future.  Evidence showing a clear causal link to the premises when operating, shall be taken extremely seriously and both the police and local residents may initiate a review in the event that issues arise.

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