The Director of Law, HR and Asset Management reported upon an application that had been received from Tesco Stores Limited for the grant of a Premises Licence in respect of Tesco, 190 Hoylake Road, Moreton, under the provisions of the Licensing Act 2003.

The premises do not currently hold a Premises Licence.  The application for the grant of a Premises Licence was for the hours as stated below following an amendment to the hours for the Supply of Alcohol subsequent to consultation with Merseyside Police prior to the hearing:

Supply of Alcohol

Sunday to Saturday  08:00 to 23:00

Hours Open to the Public

Sunday to Saturday  06:00 to 23:00

The applicant was required to submit an operating schedule setting out how they would conduct/manage their business in accordance with the four licensing objectives.  A copy of the full application was available.  Members were advised that the proposals set out in the operating schedule may become conditions of the licence should the licence be granted.

In respect of this application, six representations had been received by Local Residents.  The representations related to anti-social behaviour and public nuisance which they stated was currently a problem within the vicinity of the premises.  Copies of the representations were available.

No representations had been received from any of the Responsible Authorities.

Mr T Varney, Solicitor attended the meeting together with Mr P Weston, Area Manager, Mr M Siles, Operations Manager and Mr P Bentley, Store Manager, to outline the application.

The Licensing Officer confirmed that all documentation had been sent and received.

Mr Varney addressed the Sub-Committee and provided some background to the application.  He reported that Tescos was a national retailer which sold alcohol as part of a range of products and that there were over 2,000 licensed stores who were vastly experienced and had good systems in place regarding the sale of alcohol.  He informed Members that staff were equipped to meet the four licensing objectives and that training was reviewed regularly.  He advised that the application had been submitted in order to offer a more rounded product and that the hours applied for had been amended subsequent to consultation with Merseyside Police.  He reported that Tescos operated a ‘Think 25’ policy and that the store played an active role within the community.  He reminded Members that no representations had been made by any of the Responsible Authorities and that only a limited number of residents had made representations.

Mr Varney, Mr Weston, Mr Siles and Mr Bentley responded to questions from Members of the Sub-Committee.

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the Statutory Guidance issued under section 182 of the Licensing Act 2003.

Members of the Licensing Act 2003 Sub-Committee considered the written representations from local residents regarding anti-social behaviour and public nuisance which they considered was currently a problem within the vicinity of the premises and concerns that the sale of alcohol at the premises would lead to the sale of alcohol to persons under 18 years of age and an increase in anti social behaviour within the vicinity of the premises.

Members also had regard to the fact that there were no representations from the Responsible Authorities, in particular, Merseyside Police.

In determining the matter Members had regard to the applicant’s approach to compliance with the Licensing Act 2003 and the Licensing Objectives through extensive training and monitoring of staff in relation to the prevention of the sale of alcohol to young persons under the age of 18 years and the refusal of the sale of alcohol to persons who are drunk.

Members noted that the store would have extensive CCTV coverage and employ a pro active approach to liaise with the community and Merseyside Police so as to prevent public nuisance within the vicinity of the premises.

Members considered that the conditions applied were a proportionate response to the application presented and were necessary for the promotion of the Licensing Objectives.

Resolved -

(1)  That, in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during consideration of the application.

(2)  That the application for a Premises Licence in respect of Tescos be granted with the following hours:

Supply of Alcohol

Sunday to Saturday  08:00 to 23:00

Hours Open to the Public

Sunday to Saturday  6:00 to 23:00

(3)  That the following conditions be attached to the Premises Licence:

• The premises must adopt a Think 25 Policy and display the appropriate posters regarding this Policy.

• Staff working at the premises must receive regular updated training in respect of preventing the sale of alcohol to persons under 18 years of age and training records must be kept and maintained and made available to an Authorised Officer on request.
• The premises must maintain a refusal log with regular checks.  This log must be made available on request to an Authorised Officer.

• Posters must be displayed at the premises stating that no sale of alcohol will take place to persons buying alcohol on behalf of persons under the age of 18 years.

• The Premises Licence Holder or his/her representative must ensure that inspections of the outside area of the premises are undertaken on a daily basis in order that the outside area is free from bottles, glasses and general customer debris.  A record of these checks must be maintained and available for inspection by an Authorised Officer.

• The premises must only accept a passport, a photo driving licence or PASS accredited identification in support of till checks.

·  CCTV must be installed at the premises and must be at least in accordance with the minimum specification issued by the Licensing Authority.  Tapes and visual images recorded shall be retained for a period of 31 days and access to the system must be made available to an Authorised Officer on request. 

• A person must be identified as a contact for the community to report complaints relating to the sale of alcohol.  The contact details of this person must be displayed on the premises.