Issue - meetings

The Senior Licensing and Enforcement Officer presented his report covering an application for a variation of a premises licence under Section 182 of the Licensing Act 2003. The Sub-Committee was advised that on 8 February 2021, Tesco Stores Ltd submitted an application for a variation of a premises licence at Tesco, Ware Road, Hertford. The application sought approval to vary the current premises licence by extending the supply of alcohol on a Monday, Friday, Saturday and Sunday and for a seasonal variation of 24 hour alcohol sales between 13 December and 2 January each year.

Members were advised that the applicant had proposed a number of steps that could be taken to promote the four licensing objectives, including, but not limited to, the provision of comprehensive staff training and the presence of store managers at all times when the store was open. The applicant had agreed further conditions with the Police, including the retention of CCTV footage for an increased timescale of 31 days, a Challenge 25 policy and the discouragement of customers having open vessels or loitering on site.

The Senior Licensing and Enforcement Officer said that the report covered the East Herts statement of licensing policy and the revised guidance under Section 182 of the Licensing Act 2003. The Sub-Committee should determine the application with a view to promoting the four licensing objectives and Members must consider if the applicant had evidenced whether the application would not undermine the licensing objectives and this should be balanced against the evidence given by interested parties.

The Senior Licensing and Enforcement Officer said that one representation from an interested party – Hertford Town Council - had been received, which engaged the prevention of public nuisance licensing objective.

He also said that if the Sub-Committee believed that the licensing objectives would not be undermined then the application should be granted. Members were advised that if they believed that the application would not promote the four licensing objectives, they should take appropriate and proportionate action to address these concerns. The Senior Licensing and Enforcement Officer said that the Sub-Committee could attach conditions, limit the hours or restrict licensable activities. The application should only be refused as a last resort and the Members’ decision should be evidence based, justified, appropriate and proportionate.

Tesco’s Licensing Manager (the applicant) gave a summary of the application, explaining Tesco’s operations generally, as well as at the Hertford store. She again reiterated Tesco’s ambition to be a good neighbour and highlighted charitable donations to groups within the community, and its willingness to work with residents. Working patterns were changing, which was highlighted further by the COVID-19 pandemic. This meant that customers wanted to shop at different times and the application reflected this. The application pre-empted any future possible change to Sunday trading laws, in order to avoid submitting another application for a variation should this happen.

Councillor Symonds asked what the store would do to limit disturbance to nearby residents and whether a gate leading onto the site would  ...  view the full minutes text for item 45