Agenda and minutes

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Contact: Sonia Tucker  Democratic Services Officer

No. Item


Election of Chair

Appointment of Chair for the Hearing


Councillor Chris Witts was elected Chair.


Introductions and Procedures

The Chair to arrange introductions and explain the procedure to be followed for the Hearing


The Chair introduced the Members of the Sub Committee and officers in attendance and invited the Applicant and other party to introduce themselves. The Chair explained the procedures that would be followed during the meeting which were also summarised in Appendix E to the report.


In addition to Members of the Sub-Committee and Council officers in attendance the following were present:


Jeremy Bark, Solicitor Berwin Leighton Paisner - representing the Applicant

Paul Vaughan -  Store Manager, Tesco Express


Chris Teeny – Manager, Café Rene




Declarations of Interest

To receive from Members, declarations of the existence of any disclosable pecuniary, or non-pecuniary, interests and the nature of those interests in relation to any agenda item. Please see Agenda Notes.


Councillor Toleman declared a non pecuniary interest in the subject matter being a councillor for the Westgate Ward.


Application under Section 17 of the Licensing Act 2003 in respect of Tesco Stores, 21/25 Southgate Street, Gloucester, GL1 1TP pdf icon PDF 5 MB

Report of the Corporate Director for Services and Neighbourhoods


The Licensing and Enforcement Officer presented a report detailing an application by Tesco Stores Ltd in respect of Tesco Stores, 21/25 Southgate Street, Gloucester, GL1 1TP under Section 17 of the Licensing Act 2003 to which a joint representation has been made. The application is for the retail sale of alcohol (off sales only) every 06:00 to 23:00.


Details of the application are referred to in Appendix A to the report.


The Sub-Committee had also received the following information –


A plan showing the layout and location of the premises – Appendix B

A map showing the location of the premises – Appendix C

Copy of Representations and a Petition from other persons – Appendix D

Procedure to be followed at the Hearing – Appendix E


The Licensing and Enforcement Officer referred Members to Appendix D which detailed representations received in the form of a petition from Mr. C. Atine of Café Rene of 31 Southgate Street and signed by 23 representatives of local businesses and the Gloucester Town Crier.


The Licensing and Enforcement Officer summarised the application and referred Members to the relevant sections of the City Council’s Licensing Policy Statement.


Members were advised that having considered the application, any relevant representations, the legislative provisions, the Council’s Statement of Licensing Policy and the Home Secretary’s Guidance, they had the following options as considered appropriate and proportionate to the promotion of the Licensing Objectives.


(a)       To accept the application and attach conditions as consistent with the        operating schedule.


(b)       To accept the application and modify the conditions of the license which includes altering, omitting and adding new conditions.


(c)        To reject the whole, or part of the application.


The Sub-Committee was reminded of the City Council’s licensing objectives:-


(a)       The prevention of crime and disorder


(b)       Public Safety


(c)        The prevention of public nuisance


(d)       The protection of children from harm




Statement by the Applicant


Mr Bark outlined the application and for a licence to sell alcohol between the hours 6.00 am to 11.00 pm Monday to Sunday at the Tesco Express Store in Southgate street which would operate as a small convenience store of less than 3000sq feet. Patterns of alcohol sales could be drawn from Tescos operation of similar stores and the alcohol sales at such stores represented  7-9% of total sales. The only store to exceed this percentage was located in the vicinity of Lords Cricket ground, London. The majority of alcohol products sold in convenience stores were wine.


Mr Bank referred to the licensing guidance which advised that operators should be allowed to sell alcohol within their operating hours and a licence should only be refused in the event of it being demonstrated that the licensing objectives would not be met. He emphasised that were no statutory objectives. He pointed out that the Police had not raised objection to the application.


Mr Bank commented that proposed retail format proposed was not unique and made reference to the successful operation of the existing Tesco Express at the  ...  view the full minutes text for item 28.