Agenda and minutes

To elect a Chairman for the Sub-Committee B meeting.

Cllr Elizabeth Cable was elected Chairman for this meeting of Sub-Committee B.

To agree the Minutes of the Meeting held on 19 January 2015 which had been laid on the table half an hour before the start of the meeting.

The Minutes of the Meeting held on 19 January 2015 were confirmed and signed.

To receive from Members declarations of interest in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

No interests were declared.

The purpose of the report is to enable the Sub-Committee to consider an application from Tesco Stores Limited for a new premises licence for Tesco, Meadrow, Godalming, Surrey GU7 3HY, where 5 valid representations have been received. 

Recommendation

The Sub-Committee is requested to consider the application for the grant of a premises licence on its merits.

Having regard to the representations made, the Sub-Committee must take such of the steps outlined below (if any) as it considers appropriate for the promotion of the Licensing Objectives. Those steps are:

·         To grant the licence subject to such conditions as are consistent with the operating schedule, modified to such extent as the Sub-Committee considers appropriate for the promotion of the licensing objectives, and any mandatory conditions;

·         To exclude from the scope of the licence any of the licensable activities to which the application relates;

·         To refuse to specify a person as the premises supervisor;

·         To reject the application.

Solicitors acting on behalf of Tesco Stores and the Store Manager for the new Tesco Godalming store attended the meeting.  The Solicitor acting as spokesperson confirmed that the agenda papers had been received and understood.

Waverley Borough Council Environmental Health Officers were in attendance as Responsible Authority making objection to the application.

The Applicant’s Solicitor summarised the application and said that the new store already had planning permission to trade from 0600-2300 hours and the application to sell alcohol corresponded to this time.

The Applicant’s Solicitor told the Sub-Committee that there would be a limited range of alcohol and 95% of alcohol sales was linked to the purchase of other goods.  The Company operated an ‘Age 25’ Policy and all new staff had to undertake training for the sale of alcohol that was refreshed throughout their employment. Processes were also in place at checkouts that prompted staff to check underage restrictions when alcohol was purchased.  The Company would not tolerate antisocial behaviour and training was given in conflict management.  CCTV would be present within the store, but unless requested by the Police would not be installed to record outside activity. 

The Applicant’s Solicitor brought attention to the fact that there had been no objection to the application from the Police and under the Licensing Act very good evidence had to be presented in order to impose restrictions to an application and that any complaints in the future could lead to a possible review of the licence.  Some complaints received regarding traffic were not covered under the Licensing Act and came under the remit of public highways.

Responding to questions from the Sub-Committee the Applicant’s Solicitor said that external CCTV could only be directed onto land belonging to the Company and not onto the highway.  A cashpoint would not be available at the store and  unless the Police had requested external CCTV there was not a requirement to install it outside the premises.  Additionally, the voluntary restriction on the sale of alcohol that the Milford store had undertaken was not something that the Applicant’s Solicitor could agree to without taking instructions from the Company Head Office.

Environmental Health Officers then outlined their objections which were based on the Licensing Objective relating to the Prevention of Nuisance.  The store was immediately adjacent to residential properties and Environmental Health were concerned that Tesco Stores had not taken enough preventative measures to ensure that local residents were not disturbed by noise nuisance. 

The Council’s Solicitor advised the Sub-Committee that the Licensing Act allowed for conditions to be imposed to promote the prevention of public nuisance through representations based on evidence. The Applicant’s Solicitor said that there should be very clear evidence on imposing restrictions and there was no evidence to suggest restricting the hours for the sale of alcohol would make any difference to the prevention of public nuisance.

Godalming Chamber of Commerce, speaking on behalf of other objectors, then gave reasons for their objections.  Their main concerns were to prevent noise nuisance and  ...  view the full minutes text for item 4.