Agenda item

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 29 JULY 2013 and resolved to approve/reject Application 13/01020/LQN in respect of premises known as 170-174 Andover Road, Newbury RG14 6NT 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 and West Berkshire Council’s licensing policy.

The Sub-Committee heard representations made by:

1.                  The Applicants: Sabrina Cader (Solicitor on behalf of Sainsbury’s Supermarkets Ltd)

2.                  The Objectors: Councillor David Allen

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application be granted subject to the conditions as in the operating schedule and any relevant mandatory conditions in ss19-21 of the Licensing Act 2003.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 13/01020/LQN in respect of Sainsbury’s Supermarkets Ltd., redevelopment of Falkland Service Station forecourt Store, 170-174 Andover Road, Newbury RG14 6NT.

In accordance with the Council’s Constitution, Brian Leahy (Licensing Manager, West Berkshire Council), Sabrina Cader (Solicitor acting on behalf of Sainsbury’s Supermarkets) and Councillor David Allen (Objector) addressed the Sub-Committee on this application.

Mr James Powell (Store Manager for Sainsbury’s) and Mr Giles Taylor (representative for Rontec) were also at the hearing.

Mr Brian Leahy, in addressing the Sub-Committee, raised the following points:

·          This Application is for a Premise Licence for Sainsbury’s Supermarkets at 170-174 Andover Road, Newbury RG14 6NT.  Only one objection from Newbury Town Council had been received, no other objections had been logged.

Sabrina Cader (Solicitor speaking on behalf of Sainsbury’s Supermarket), in addressing the Sub-Committee, raised the following points:

·          The reason for this application was because Rontec and Sainsbury’s had a contract to sell the premises to Sainsbury’s, Rontec had their existing premise licence and wished to continue trading right up until the day of exchange.  This therefore meant it was easier for Sainsbury’s to apply for a new licence.  The site would close for approximately 3 months then Sainsbury’s would take over.  The site had been licensed for over 10 years and during that time there had been no issues raised by either the police or environmental health.  Sainsbury’s operating format was 07.00am until 11.00pm 7 days a week.  Sainsbury’s was a responsible company who operated the Challenge 25 policy, all cashiers had to receive a 100% pass rate and training was refreshed every 6 months.  Sales transactions were downloaded in the back office and could be accessed immediately if required.  Mystery shoppers were sent by Sainsbury’s on a regular basis and CCTV was in operation.  Sainsbury’s put great store in their Store Managers and would therefore urge any issues that might arise between residents and the store to be discussed with the appropriate manager.

Councillor David Allen (Newbury Town Council), in addressing the Sub-Committee, raised the following points:

·          He was attending the meeting with his Town Council hat on and he was also a member of its Planning and Highways Committee that had discussed this application at the meeting on Monday 01 July 2013.

·          The Committee objected to the licensing application on four grounds:

1.      The prevention of crime and disorder.

2.      Public safety.

3.      The prevention of public nuisance.

4.      The protection of children from harm.

·        The reasons for the objections were because the Premises Licence Application stated the store would be open for 24 hours a day when planning permission had only granted 7.00am – 10.00pm Monday to Saturday and 7.30am to 9.00pm on Sundays and Bank Holidays therefore the Premises Licence requested sale of alcohol outside of the restricted store opening times.

·        The 16 hour sale of alcohol was inappropriate in a residential area.

·        The 16 hour sale of alcohol was inappropriate in a local convenience store.

·        Newbury Town Council was concerned that the 16 hour sale of alcohol would lead to anti-social behaviour and would create a noise nuisance..

·        The Newbury Town Council Committee believed that the proposed licensing hours of 7.00am – 11.00pm were excessive in a residential area, the service station was at the end of a residential street with houses surrounding the site on three sides.

·        They felt that nothing in the application made them believe that Newbury Town Council’s concerns had been addressed.  For instance on page 16 of the application (page 52 of the agenda) the applicant stated that signage would be displayed at the exit of the premises requesting customers to leave the premises late at night quietly and with consideration.  That would not be adequate.

·        They felt that reliance on the CCTV to prevent crime and disorder was a good start but asked that other schemes were considered.

·        As previously stated there were residential properties immediately opposite and adjacent to the premises and a large secondary school a few hundred metres away and there appeared to be no conditions that addressed residents being disturbed and inconvenienced early in the morning.

·        Finally the Thames Valley Police licensing officer had emailed his support for the proposed objections on the 16 July 2013.

Sabrina Cader advised the panel that nowhere in the paperwork was there a copy of the mentioned email from Thames Valley Police.  Mr Brian Leahy asked Councillor Allen if he could advise who had been copied into the document.  Councillor Allen replied that no one had been copied in.  Mr Leahy advised the panel that the Police had received a full application and no objection had been received by the Local Authority

The Sub-Committee retired at 11.30am to make its decision.