The Director of Governance and Assurance reported upon an application that had been received from Asda Stores Limited to vary a Premises Licence in respect of Asda, Seaview Road, Liscard, CH45 4NZ.

It was reported that the premises currently holds a Premises Licence and the details of the variation of the Premises Licence were outlined within the report. The applicant had submitted an operating schedule setting out how the business would be conducted/managed 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 application be granted.

In respect of the application, four representations had been received from local residents.  The representations related to concerns of an increase of noise nuisance and anti-social behaviour which they stated was currently a problem within the vicinity of the premises.  Copies of the representations were available.

The applicant was represented by Gosschalks Solicitors.  The General Manager of the store also attended the meeting.  Three local residents were also in attendance.

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

The applicant’s solicitor addressed the Sub-Committee and informed Members that they were seeking to vary the hours for the sale by retail of alcohol to 24 hours Monday to Sunday and to permit Late Night Refreshment from 11.00 pm to 5.00 am Monday to Sunday.  The applicant’s solicitor reported that Asda operated over 600 stores in the country and that hundreds of these stores operated with 24 hours without any of the licensing objectives being undermined, many of which were situated in highly challenging, densely populated areas.

The applicant’s representative also advised that Asda had responsible policies and procedures in place which related to the sale of alcohol.  These included comprehensive training and refresher training, Challenge 25 policy and independent test purchasing, CCTV and till prompts.

The applicant’s solicitor referred to the representations made and requested that Members consider the fact that the application related to the sale of alcohol and Late Night refreshment and not the general operation of the store.  She also advised Members that the Store Manager had not been aware of any complaints made. 

In response to questions from Members of the Sub-Committee and local residents, the applicant’s solicitor confirmed that the application for Late Night refreshment was intended for the sale of hot drinks and that there was no intention for a takeaway at the premises.  She also confirmed that the application for 24 hours was in order that everything could be sold at the same time as it was intended to bring the sale of all products under one regime.

Local residents addressed the Sub-Committee and advised that the premises were situated in a residential area.  The residents informed Members that they already experienced noise and disruption that occurred with the current opening hours which had been caused by delivery vehicles as well as customers’ vehicles which they believed constituted a public nuisance.  They also advised Members that car mirrors had been broken by youths visiting the premises at night and that food and litter had been thrown into their gardens.  The local residents raised their concerns that there would be an increase in noise and antisocial behaviour should the application be granted as they believed that more youths would be attracted to the area late at night.  The local residents also referred to paragraphs 14.8 and 14.9 of the Licensing Policy and the current planning restrictions on the premises.  They also referred to Article 8 of the Human Rights Act and their right to a peaceful family life.

The applicant’s solicitor referred to the Thwaites case and the fact that decisions should be based on evidence, she also reiterated the fact that no representations had been received from any of the Responsible Authorities.

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

Members of the Licensing Act 2003 Sub-Committee gave careful consideration to the submissions made by the applicant and the representations submitted both in writing and orally at the hearing.

Members gave careful consideration to all the submissions made and had regard to the fact that there had been no representations submitted by any of the Responsible Authorities.  Members had to consider whether there had been any evidence that the sale of alcohol at these premises had currently undermined the licensing objectives and whether there had been any evidence that the granting of the application would also undermine the licensing objectives.  Members found no such evidence within the representations presented to the Sub-Committee.

In coming to their decision Membres also took into account Section 11 of the Guidance in respect of the review mechanism provided by the Licensing Act 2003 when problems associated with the Licensing Objectives occurred after the grant of a Premises Licence.

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 to vary a Premises Licence in respect of Asda, Seaview Road, Liscard be granted with the following hours:

Sale by Retail of Alcohol

Sunday to Saturday  24 hours

Hours Open to the Public

Sunday to Saturday  24 hours

Late Night Refreshment

Sunday to Saturday  23:00 to 05:00