Agenda item

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application to vary an existing premises licence in respect of Sainsbury’s Supermarket, 70-74 Brudenell Road, Headingley Leeds LS6

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered the written submissions before them relating to an application to vary an existing Premises Licence in respect of premises trading as Sainsbury’s Supermarket, 70-74 Brudenell Road, Headingley

Representations had been submitted by LCC Environmental Protection Team (LCC EPT) and local ward Councillor J Monaghan who also attended the hearing.

The Sub Committee head from Mr B Kenny on behalf of LCC EPT regarding the full objection submitted by the Department due to concerns of the likelihood of public nuisance being caused by patrons attending the premises at later hours. Mr Kenny described the residential nature of the area including the flats above the premises. He stated this was not a suitable location for the 24 hour sale of alcohol. During questions from the Sub Committee it was noted the premises currently operated 24 hours a day (without the sale of alcohol) and Mr Kenny confirmed that no complaints had been received.

Councillor J Monaghan then addressed the Sub Committee and expressed his concerns about the impact 24 hour sales of alcohol would have on the area in terms of alcohol related noise and disturbance generated by shoppers at the later hours, the likelihood this store would attract shoppers from other parts of the city and the possibility that people would stop off at the shop early in the morning on the way home from a night out in town. He described the locality as a student area and was concerned the application had been made during the summer holidays when the student population was not in residence. He acknowledged that Sainsbury’s would manage the inside of the store well but was concerned about the management of the external area.

He also referred to the existing Cumulative Impact Area for the area which was being reviewed as part of the review of the city’s Licensing Policy and the inclusion of off-licensed premises could be one of the matters raised in the consultation. The Sub Committee acknowledged this but stated that their deliberations would rely upon the current CIP.

During discussions Councillor Monaghan provided information on his experience of another 24 hour supermarket in the locality and the problems associated with its operation and expressed his belief that similar problems could occur at the Sainsbury’ premises if the application was granted.

The Sub Committee then heard from Mr R Botkai, solicitor for the applicant. Ms J Brown, who had been Designated Premises Supervisor for the store until very recently accompanied him. Mr Botkai explained the licence history of the premises and the reason behind the request for Late Night Refreshment and 24 hour sale of alcohol. He referred to that part of the Guidance which set out a presumption to grant licences for supermarkets to sell alcohol during their normal hours of trade, as long as this did not impact upon the licensing objectives. The store had operated 24 hours per day since June 2010 without complaint. Furthermore, Ms Brown had consulted the residents in the flats above the supermarket and they had not reported any problems to her. He commented that the objectors present had not consulted with local residents, and there was no evidence, specific to this store, to support the objectors supposition on what might happen if the application was granted.

The Sub Committee carefully considered the report containing her written representations and the application. Members also had regard to the verbal submissions at the hearing and took into account the fact that neither Councillor Monaghan or LCC EPT had received any complaints about the current operation of the premises.

Members were pleased the applicant had contacted the local residents prior to the hearing and noted there were no objections from them.

RESOLVED – That the application be granted as requested

·  The Sub Committee took the opportunity to remind LCC EPT and Councillor Monaghan of the right to review the Premises Licence should they experience problems associated with this premises in the future.