Agenda and decisions

The Licensing sub-committee in considering this decision from the information presented to it within the report and at the hearing today has determined that having regard to the promotion of all the licensing objectives:

? The prevention of crime and disorder;

? Public safety;

? Prevention of public nuisance;

? The protection of children from harm;

The application for a premises licence has been approved in accordance with the Council’s Statement of Licensing Policy and the conditions set out in paragraph 8.1

of the report, with the following amendment :-

Condition 7 shall be amended and read as follows:

“Contact details of the Designated Premises Supervisor shall be available to staff, Responsible Authorities and members of the public. The licensee shall offer to arrange regular meetings with local residents to address any concerns about the operation of the premises".

Condition 26  shall be amended and read as follows:

“Deliveries will be conducted in a responsible and considerate manner, ensuring no disturbance to local residents or businesses. The licensee shall remind delivery drivers of the legalities of reversing into roads and alleyways and for turning  safely onto residential roads.”

Reasons for the decision

The amended application for a premises licence has been approved, because members of the Licensing Sub-committee were satisfied that the licensing objectives would not be undermined.

The Sub-Committee took into consideration the objections raised by the 9 Other Persons, and their concerns about the impact the premises will have on local residents. They heard from local residents that there were concerns about public safety issues in relation to vehicle access to Institute Place, a narrow road, and Amhurst Road.

The applicant’s representative made submissions that the premises is an online grocery store providing home deliveries of a range of products including alcohol to local customers, and no members of the public will have access to the premises. The off sales of alcohol are only a small part of the online sales and the operation of the premises. The applicant has agreed to 40 conditions to safeguard and uphold the Licensing objectives.

The applicant’s representative made submissions that the agreed conditions had gone some way to deal with the concerns raised, and the premises is not in an Cumulative Impact Area. They said that the applicant is a responsible operator and had met with local residents on 1st February prior to the hearing to try and resolve any issues. The applicant has agreed to meet with local residents again in April, and is happy to meet regularly with local residents. The contact details for the premises will be provided by the applicant to all local residents. The sub-committee heard that the applicant would like to be a good neighbour, and to make a positive contribution to the area. In relation to the concerns about the delivery vehicles the applicant confirmed that they use Luton delivery vans which should not cause a significant nuisance.

The Sub-Committee felt that the conditions agreed addressed some of the concerns of local residents, and would help the  ...  view the full decision text for item 6.

The Licensing sub-committee in considering this decision from the information presented to it within the report and at the hearing today has determined that having regard to the promotion of all the licensing objectives:

? The prevention of crime and disorder;

? Public safety;

? Prevention of public nuisance;

? The protection of children from harm;

The application for a premises licence has been approved in accordance with the Council’s Statement of Licensing Policy and the conditions set out in paragraph 8.1 of the report, with the following amendment :-

The opening hours and the hours for licensable activity are:

Opening Hours:

Monday to Saturday    08:00 - 23:00

Sunday  08:00 - 22:30

Supply of Alcohol (off-sales): 

Monday to Saturday  08:00 - 23:00

Sunday  08:00 - 22:30

Amended site plan accepted

Reasons for the decision

The sub-committee took into consideration that the Metropolitan Police Service had withdrawn their representations in advance of the hearing after conditions were agreed with the applicant and the hours reduced. The sub-committee also took into consideration that Environmental Enforcement had withdrawn their representations, and agreed conditions with the applicant.

The sub-committee also took into consideration the objections raised by 3 Other Persons (local residents), and their concerns about the impact the premises will have on local residents and the area if staying open late at night. 

The applicant made submissions that it is as an organic food store in which alcohol is a small part of the business, and he seeks to authorise the sale of alcohol for consumption off the premises only.

After hearing from the applicant the Licensing Authority and the ward councillor both withdrew their objections following the applicant amending the application to reduce their operating hours to those set out in Policy LP4.

The sub-committee approved the amended application because the applicant reduced their hours to core hours, and the Licensing Policy requirements had been complied with. The sub-committee took into consideration that the applicant submitted an amended site plan which clarified there was to be no area for consumption on the premises.

The sub-committee felt that the conditions agreed with the Metropolitan Police Service and Environmental Enforcement together with the reduced hours addressed some of the concerns of local residents.

Having taken all of the above factors into consideration, the Licensing Sub-committee was satisfied that the application could be approved without the licensing objectives being undermined.

PLANNING INFORMATIVE

The applicant is further reminded of the need to operate the premises according to any current planning permission relating to its use class, conditions and to regularise the hours as required.

It also should be noted for the public record that the local planning authority should draw no inference or be bound by this decision with regard to any future planning application which may be made.