Agenda item - New Premises Licence Application:Tesco, West Way,Hove

Report of the Head of Environmental Health and Licensing (copy attached)

80.1    The Panel considered a report of the Head of Environmental Health and Licensing requesting that they determine an application for a new premises licence by Tesco, 3-5 West Way, Hove.

80.2    Miss Hart was present as a neighbouring resident in order to set out her concerns in relation to the proposed application. Mr Bartley was in attendance representing Tesco.

80.3    The Senior Environmental Health Officer, Mr Whitelegg gave a presentation detailing the application. It was noted that the Police had withdrawn their representation following agreement by the applicants to meet conditions suggested by the Police.

80.4    Miss Hart referred to her concerns set out in her submitted letter in relation to the proposed premises licence. She referred to the fact that noise and disturbance was already experienced in the area as a result of activities emanating from “The Grenadier “ public house and from other establishments in the area from which alcohol could be purchased. Whilst it was recognised that these issues were not associated directly with Tesco she was anxious that this additional premises did not serve as a magnet for further trouble and disturbance late at night. She referred to the un neighbourly way that Tesco had carried out works to prepare the store for opening, stating that there had been significant levels of disturbance of which no prior consultation or notification had been given to neighbouring residents, particularly those living above the store and therefore most directly effected,

80.5    It was noted that a number of the matters raised by Miss Hart did not fall directly within the responsibility of the Licensing Authority and information was given regarding the most appropriate means of raising them with the Planning Department/Planning Enforcement Team. It was considered regrettable that no prior consultation had taken place and it was hoped that the applicants would remedy this in future.

80.6    Mr Bartley spoke on behalf of the applicants in support of their application. He referred to the fact that the Police had no concerns regarding the manner in which it was proposed the premises would be run and operated as evidenced by the fact that they had withdrawn their letter of representation. Notwithstanding this he agreed it was regrettable that Miss Hart had not been fully consulted in respect of the proposals, stating that he would seek to ensure this was remedied in future. He gave assurances that it was not intended to make deliveries very late at night or early in the morning, which would result in an attendant noise nuisance.

80.7    There were no further questions or representations and the Senior Environmental Health Officer gave his closing submission on behalf of the Licensing Authority. He stated that any conditions applied to the licence needed to take account of the premises location and style of operation and needed to be proportionate and enforceable.

80.8    Miss Hart gave her closing submission and re-iterated her concerns, stating that she hoped it would be possible for these to be addressed.

80.9    Mr Bartley gave the closing submission on behalf of Tesco Stores stating that he noted the concerns which had been raised and would ensure that the points made in respect of deliveries and other matters would be taken on board and that Miss Hart would be provided with contact details for Tesco’s should she wish to raise any future concerns.

80.10  The Chair stated that the Panel had listened very carefully to all of the arguments put forward and were particularly aware of the concerns of local residents, but had been mindful that their decision must be made within the framework of the law as set out in national guidance and the Council’s Own Statement of Licensing Policy. The Panel were particularly mindful of Paragraph 10.21 of national guidance and the fact the Police had withdrawn their representation on the basis of the conditions agreed by the applicant. The Panel were therefore granting the application subject to those conditions which they believed would comply with the licensing objectives.

80.11  The Panel were pleased to hear that the applicant was keen to work with immediate neighbours and the local community and suggested that it would be appropriate for them to start liaising with those residents living above the premises. Residents were reminded that powers existed to review the licence should problems occur and would urge anyone adversely affected by this licence to exercise such powers.

80.12  RESOLVED – That a new premises licence be granted to Tesco, 3-5 West Way, Hove in compliance the terms agreed by the applicant with the Police.

            Note: The Legal Adviser to the Panel confirmed that the applicants would receive notification of the Decision in writing with details of their appeal rights attached.