Agenda item

To consider the report of the Head of Licensing and Registration on an application to vary a premises licence, made by Asda Stores Ltd, for Asda Supermarket Cross Green, Otley, LS21 1HE

Members of the Licensing Sub-Committee considered an application to vary a premises licence, made by Asda Stores Ltd, for Asda Supermarket Cross Green, Otley, LS21 1HE.

The applicant had applied to increase the hours for the sale of alcohol. The application was for the sale of alcohol off the premises 07:00 until 23:00 hours every day.

Appendix A detailed existing operating hours as 08:00 until 22:00 hours a previous application by Asda for an increase in hours for the sale of alcohol applied for operating hours as 06:00 until 24:00 hours. This application was opposed by local residents, ward councillors, planning and Environmental Health Services. The first application was subsequently withdrawn.

Representing Asda Stores was Ms Johnson, Solicitor, Mr Lamb, General Store Manager and David Maloney, Licensing Manager. Ms Johnson informed the Members that on the 10^th December 2013 a meeting had been held with local residents, ward councillor Campbell was also in attendance. Many of the residents were in favour of longer opening hours however they had raised concerns in relation to noise from service yard doors, loud music, rubbish and security light going on and off.

All concerns raised were noted by Asda and at a meeting held on 18^th February 2014 residents were informed of proposal to apply for an increase in hours from 07:00 until 23:00 hours and of proposals to address concerns raised at the previous meeting. The light would operate on a timer linked to operating hours of the service doors which would have a notice on them specifying delivery times as 07:00 until 19:00 hours.

Councillor Campbell had made a representation in regard to this application and was in attendance at the hearing. He informed the Committee that the supermarket was in a residential area in close proximity to houses his concern was that there was the potential for an increase in noise levels and an increase in traffic contributing to public nuisance.

The General Store Manager informed the Members that he had worked at an Asda Store at Little Horton which was located in a residential area the service deliveries started at 06:00 hours and there had been no issues raised.

Councillor Campbell informed the Members that originally the site had been used by Netto. The site was unique with houses on all sides of the store.  He told the Members that there had been a number of applications put to both Planning and Licensing for the extension of hours. The concerns of the residents were on the issues of noise nuisance and public nuisance with the increase in traffic and people arriving to purchase items from the store.

In response to questions from the Committee Councillor Campbell said that he had evidence from West Yorkshire Police that alcohol bought from such premises as Asda was consumed on the way home. There was evidence of issues arising outside other licensed premises in Otley.

Members were informed that Netto had opened 08:30 until 20:00 hours, Asda were currently operating within those hours. Councillor Campbell told Members that he received a couple of noise nuisance complaints a year in relation to the store.

Members carefully considered the report and representations that had been made during the hearing, they took into account:

·  No responsible authority had made representations on this application

·  Previous application had been withdrawn when concerns were raised by residents and responsible authorities

·  All concerns raised by residents and responsible authorities on previous application had been addressed

·  Some of the concerns raised at this hearing were matters for planning not licensing.

RESOLVED – To grant the licence as per the application.