Agenda item

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 be locked when the store was closed.

The Store Manager said that there had been no major issues raised by residents, aside from regarding some vegetation which was periodically cut back when requested. Barriers were used to prevent vehicles entering the site after the store closed, but the gate remained open as residents often cut through the site to get to the nearby train station. Members were also advised of existing opening hours and the working pattern of security guards.

The Chairman asked about the potential for anti-social behaviour to take place out of sight of security given the shape of the car park.

The Legal Services Manager said there had been no evidence presented which showed anti-social behaviour at the store. In response to a question from Councillor Symonds, she also said that the application had been advertised in line with the Licensing Act 2003.

Councillor Cinnamon, Hertford Town Councillor, asked whether the British Transport Police (BTP) had been consulted, as it was common for people to buy alcohol and then board a train. He also said the late night sale of alcohol was already provided by small local off licenses.

The applicant said whilst the police had been consulted, BTP specifically had not, however Tesco were open to this going forward.

Hertford Town Council’s Civic Administration Manager said the location the store’s proximity to the station and Hartham Common meant that an extension of the licence could contribute to an increase in anti-social behaviour and littering in these locations.

The applicant reiterated Tesco’s desire to work with residents, local groups and the police. The impact of a variation on other local businesses was not a licensing consideration. The store was well run and Tesco had worked closely with the police in order to reach a compromise on licensed hours and the police had not objected.

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 have taken into account the concerns of the interested party. The Sub-Committee decided to grant the application, subject to the following additional conditions:

Additional Conditions:

·               Licensed hours on Sundays are 9am – 5pm. 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, also taking into account the current licensed hours.

·               The seasonal variation of 24 hour alcohol sales between 13 December and 2 January each year was granted, apart from on Sundays, when existing licensed hours will apply.

In coming to its decision, the Sub-Committee believed that the applicant had provided evidence that the granting of the licence would promote and not undermine the four licensing objectives. The Sub-Committee also noted the applicant’s co-operation with the responsible authority regarding the licensed hours and Members accepted the applicant’s offered condition to network and work with the local communities and stakeholders to alleviate any concerns regarding public nuisance and crime and disorder.

RESOLVED – that the application for a variation of a Premises Licence for Tesco, Ware Road, Hertford, be granted, subject to the following additional conditions:

·               Licensed hours on Sundays are 9am – 5pm. 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, also taking into account the current licensed hours.

·               The seasonal variation of 24 hour alcohol sales between 13 December and 2 January each year was granted, apart from on Sundays when existing licensed hours will apply.

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.