Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

Proposal:     Application for Premises Licence

Location:      2 Coombe Square, Chapel Street, Thatcham RG19 4JF

Applicant:    Sainsbury’s Supermarkets Ltd

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on Monday 8^th September 2014 and resolved to approve Application 14/01185/LQN in respect of premises known as Sainsbury’s, Coombe Square, Chapel Street, Thatcham, Berkshire subject to a number of conditions which are set out below.

In coming to their decision, the Sub-Committee had regard to the four licensing objectives, which are:

1.                 the prevention of crime and disorder;

2.                 public safety;

3.                 the prevention of public nuisance; and

4.                 the protection of children from harm.

They also considered the Department of Culture, Media and Sport Guidance on the Licensing Act 2003 (issued June 2014) and West Berkshire Council’s Licensing Policy.

The Sub-Committee heard representations made by:

1.                  The Applicants:         Mr Robert Botkai, Solicitor for Sainsbury’s

(Ms Joanne Surguy and Mr Robin Oakenden also attending on behalf of Sainsbury’s)

2.                  The Objectors:           Mrs Shirley Clarke

The Licensing Sub-Committee also considered the representations of the following who did not make a verbal representation:

Mr Nigel Keith Amor,  Mr A H Baddeley,  Mr and Mrs S P Bateman,  Mrs Aileen Blackley,  Mrs Rhonda Chilton,  Mr Leonard and Ms Margare Clark,  Ms Sharon Clark, Mr & Mrs W & S A Clarke,  Ms Amanda Cooper,  Mrs B De Henri,  Mr Stephen Glover, Ms Mary Hamerston,  Mrs M E Matthews,  Mr & Mrs G B McAllister,  Miss Catherine Miller,  Mr Stephen and Ms Wendy Morris,  Mr Derek Oakham and Ms Linda Oakham, Mr R J Snelling.

Decision:

The Licensing Sub Committee noted the amendment to the Application detailed by the Applicant during the hearing that the hours during which the supply of alcohol would take place each day would be reduced to 08:00 hours to 22:00 hours. 

Having taken all relevant representations into account, the Licensing Sub-Committee RESOLVED that Application reference 14/01185/LQN be granted as amended with regard to the hours during which the supply of alcohol will take place, and subject to the conditions set out in the operating schedule and any relevant mandatory conditions as prescribed by the Licensing Act 2003 or secondary legislation. 

Reasons:

The Sub Committee noted that many of the issues raised by the objectors related to matters that were outside the Licensing regime.  For example, the Sub Committee considered that highways safety issues and parking are both matters which may be more appropriately considered as part of the planning process.  The Sub-Committee did not consider that those issues were relevant to the Application for a premises licence which is made under a distinct regulatory regime and which must be considered having regard to the licensing objectives.  The Sub-Committee had regard in particular to Section 13 of the Council’s Licensing Policy which states that “the Council will at all times separate its licensing and planning roles.”

A number of representations raised objections on the basis of need, suggesting that there was no need for additional licensed premises at this location.  However, the question of ‘need’ is not a matter for the Licensing Authority, as noted in paragraph 13.18 of the DCMS  ...  view the full decision text for item 2.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application No.14/01185/LQN submitted by Sainsbury’s Supermarkets Ltd in respect of premises at 2 Coombe Square, Chapel Street, Thatcham RG19 4JF.

In accordance with the Council’s Constitution, Amanda Ward (Licensing Officer, West Berkshire Council) and Robert Botkai, Joanne Surguy and Robin Ockenden (representing the Applicant) and Mrs Shirley Clarke (objectors) addressed the Sub-Committee on this application.

Ms Ward, in addressing the Sub-Committee, raised the following points:

·        West Berkshire Council’s Licensing Service received an application made under Section 17 of the Licensing Act 2003 for a new premises licence to be granted for Sainsbury’s Supermarket Limited.

·        The application was accepted on 17^th July 2014.

·        The responsible authorities were also advised of the application on 17^th July 2014.

·        The application was for the sale, by retail, of alcohol (for consumption off the premises) - Monday to Sunday from 0700 to 2300 hours.

·        The 28 day consultation period ran until 14^th August 2014.  The application was advertised in accordance with the regulations with blue notices displayed at the premises (witnessed by an officer on 30^th July 2014) and by publishing a notice in a local newspaper, the Newbury Weekly News, on 24^th July 2014.

·        During the statutory consultation period of 28 days, eighteen representations were received from residents, who objected to the application based on a combination of the four licensing objectives; the prevention of crime and disorder,   public safety,
the prevention of public nuisance and the protection of children from harm.

·        No representations were received from Responsible Authorities.

·        There had been some discussion between Ian Wootton Commissioning Manager (Substance Misuse) from the Council’s Public Health and Wellbeing team and the applicant’s solicitors but no formal representation was made to the licensing authority against the application.

Mr Robert Botkai (on behalf of the Applicant), in addressing the Sub-Committee, raised the following points:

·          That this was not an application for Planning but for a licence to sell alcohol.

·          Robin Ockendon, the Acquisition Manager for Sainsbury’s, had had some useful meetings with local residents and, as a result, Sainsbury’s proposed an amendment to the licensing hours, reducing them to 0800 to 2200 hours.

·          Mr Botkai emphasised  the fact that, although under legislation, the police were the main source of advice regarding issues of crime and disorder for such applications, no objections had been received and that the reduced hours of alcohol sales were, therefore, a voluntary concession to residents.

·          With regard to the concern that there would be an increase in traffic, Mr Botkai stated that he did not believe this to be the case but that if it were, this was a Planning rather than Licensing issue.

·          Thirteen parking spaces would be provided for the store and this was significantly greater than the number provided at similar stores.

·          Rubbish bins would be provided in the vicinity to address issues of additional litter.

·          There was no evidence to suggest that the granting of the licence would result in additional anti-social  ...  view the full minutes text for item 2.