Agenda item

The Chairman summarised the procedure for the Sub-Committee hearing. All those present were introduced or introduced themselves.

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, Bishops Park Centre, Lancaster Way, Bishop’s Stortford. The application sought approval to vary the current premises licence by extending the supply of alcohol to 24 hours a day and to amend a condition relating to barriers to the car park.

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 four representations from interested parties had been received which engaged the prevention of public nuisance, public safety and prevention of crime and disorder licensing objectives.

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.

The Chairman asked the Senior Licensing and Enforcement Officer whether the condition relating to the car park barriers would fall under the remit of the Sub-Committee, or whether this would be a matter for Planning.

The Senior Licensing and Enforcement Officer said that the Sub-Committee could attach conditions relating to the barriers, but Planning would also have jurisdiction over the matter.

Councillor Page, attending as an interested party and ward Councillor, asked whether the licence applied solely to the supermarket, or also to the petrol filling station. The Senior Licensing and Enforcement Officer said that the licence would only apply to the supermarket.

Tesco’s Licensing Manager (the applicant) gave a summary of the application and explained Tesco’s operations generally, as well as well as at the Bishop’s Stortford store. The Store Manager was experienced and Tesco strove to be a good neighbour, donating large amounts to local charities, leading on national standards relating to the sale of alcohol and maintaining an open dialogue with the police and local community. All staff received training on the sale of alcohol, as well as refresher training twice a year, which included specific training on recognising already inebriated customers and for group scenarios. This was supported further by automated till prompts when alcohol was scanned at checkouts. Members were advised that there were security measures in place, including the monitoring of CCTV from a national hub. The police had not objected to the application and had not been made aware of anti-social behaviour referred to in the representations. The store’s housekeeping team had not reported high levels of litter on site and it was within the store’s interest to keep the site tidy. It was anticipated only a small amount of additional sales of alcohol would be made during the additional licensed hours that had been requested, but it would offer convenience to the store’s customers.

Councillor Symonds asked about possible disturbance in a residential area alluded to by the interested parties, problems caused by customers parking on nearby streets, and whether a gate for pedestrians onto the site would be locked when the store was closed. She also asked why the store had applied for a 24 hour licence given it was not open 24 hours.

The applicant said that car park barriers would remain closed when the store was closed. Whilst no problems had been raised with the store directly, Tesco was happy to work with residents and would ban any customers who were engaging in anti-social behaviour after visiting the store. Measures to discourage parking away from the car park and locking the gate could be considered. Trading patterns were subject to change, which made the 24 hour licence useful, but legislation such as regarding trading on Sundays would not be superseded by the licence.

Councillor Reed asked if alcohol would ever be sold outside of the store, such as in a temporary structure in the car park. The applicant said that it would not be.

The Chairman asked about instances in which there was no manager present in the store, when security was present and what would happen if a guard was on a break or already dealing with an incident.

The Store Manager said that one guard was currently present 7am – 11pm. Another staff member would cover the guard during their break. The store’s car park was a large area to cover, but at least one staff member would go with the guard to deal with any instances of anti-social behaviour, and the police called if it could not be resolved by them. There would be three managers working in the store each evening, with managers receiving a more thorough degree of security training than other staff.

Councillor Page said that the applicant had been somewhat dismissive of the representations regarding litter and anti-social behaviour. He said that he would encourage the Store Manager to look around the store, rather than just on-site, as this is where the problem with littering was. The Sub-Committee should also consider whether Tesco’s desire for operational flexibility was a satisfactory reason to grant a 24 hour licence, and whether this was necessary.

Councillor Symonds said that there was a higher level of crime around the store. The Legal Services Manager said that the police had made no formal objections relating to crime and disorder or otherwise.

The applicant said that she had not intended to be dismissive of interested parties’ concerns, but had pointed out that the store had not been contacted directly to discuss these concerns and the police had not objected to the application. A large store was likely to have higher levels of crime due to high footfall concentrated in a small area. She also reiterated that the store was willing to engage with residents. This was a well-run store and the Sub-Committee would need a good reason, supported by evidence, to reject the application.

At the conclusion of the closing submission, the Sub-Committee, the Legal Services Manager, Solicitor and Democratic Services Officer withdrew from the main Zoom session to allow Members to consider the evidence.

Following this, Members and Officers returned and the Chairman announced that the Licensing Sub-Committee had listened to the comments of the Senior Licensing and Enforcement Officer and the applicant and the Sub-Committee had taken into account the concerns of the residents and the interested party. The Sub-Committee had decided to grant the application, subject to additional conditions.

Additional Conditions:

·               Condition 1 of Annex 3 reading ‘Barriers on the car parks to be closed from store close and checks be made on this’ to remain in place.

·               Licensed hours on Sundays are 10am – 6pm. The Sub-Committee felt this was a balanced and proportionate time period to allow flexibility within the legal trading hours permitted under the Sunday Trading Act 1994.

In coming to its decision, the Sub-Committee believed that the applicant had provided evidence that granting the licence would promote and not undermine the four licensing objectives. The Sub-Committee also noted the applicant’s willingness to meet with local residents in an attempt to resolve concerns regarding parking and anti-social behaviour, and would encourage this.

RESOLVED – that the application for a variation of a Premises Licence for Tesco, Bishops Park Centre, Lancaster Way, Bishop’s Stortford, be granted, subject to additional conditions.

Additional Conditions:

·          Condition 1 of Annex 3 reading ‘Barriers on the car parks to be closed from store close and checks be made on this’ to remain in place.

·          Licensed hours on Sundays are 10am – 6pm. The Sub-Committee felt this was a balanced and proportionate time period to allow flexibility within the legal trading hours permitted under the Sunday Trading Act 1994.

Those present were advised that the decision would be issued in writing and there was the right of appeal within 21 days to the magistrate’s court.