Agenda item

The licensing officer presented their report. Members had questions of the licensing officer.

The applicant and the legal representative for the applicant addressed the sub-committee. Members had questions for the applicant and their legal representative.

The sub-committee heard form an objector to the application and asked questions of the objector.

All parties were given five minutes for summing up.

The meeting went into closed session at 10.35am.

The meeting resumed at 11.10am and the chair read out the decision of the sub-committee.

RESOLVED:

That the application by Sainsbury’s Supermarkets Ltd for a grant of a Premises Licence issued under the Licensing Act 2003 in respect of Sainsbury’s , 88 Dulwich Village, Southwark, SE21 7AQ  be granted as follows:

Conditions

The operation of the premises under the licence shall be subject to relevant mandatory conditions, conditions derived from the operation schedule highlighted in Section M of the application form and the following conditions:

1)  That all staff engaged or to be engaged in the sale of alcohol on the premises shall receive the following training in age restricted sales:

·  Induction training which must be completed and documented prior to the sale of alcohol by the staff member.

·  Refresher/reinforcement training at intervals of no more than 6 months.

Training records will be kept at the premises available for inspection by a police officer or other authorised officer upon request.

2)  That alcohol will not be displayed within 2 metres of the store entrance unless it is behind the checkout counters.

3)  That there shall be no sale of beer, lager or cider with an ABV content of 5.5% ABV or above save for premium products which have been agreed with the police (email authority will suffice).

4)  That outside of permitted hours for the sale of alcohol, and when the premises are otherwise open to customers, all alcohol within the trading area (this does not apply to the display behind the cashier counter) is to be kept behind shutters/screens/grills.

That deliveries to the store only be made during opening hours (from 7:00 until 23:00) excluding the delivery of newspapers and magazines.

Reasons

This was an application submitted by Sainsbury’s Supermarket Ltd for a grant of a Premises Licence issued under the Licensing Act 2003 in respect of Sainsbury’s, 88 Dulwich Village, Southwark, SE21 7AQ. 

The licensing sub-committee heard evidence from the applicant who informed the sub-committee that the premises currently had a licence under the name of Shepherd’s. The proposed Sainsbury’s store would be a smaller micro-store which would have opening hours of 7:00 until 23:00, and that there was no intention to open as a 24-hour store. Regarding the resident’s concerns about deliveries, these would be made from the front of the store, and there would be one main delivery a day. The applicant offered the condition that deliveries only be made during store opening hours, excluding deliveries of newspapers and magazines.

The licensing sub-committee heard from a local resident who welcomed Sainsbury’s to the area but whose concerns related to the store’s opening hours and deliveries. The objector was satisfied that the condition relating to deliveries offered by the applicant addressed his concerns.

The licensing sub-committee were pleased that the applicant had conciliated with the responsible authority and the local resident (Party 3), and were satisfied that the condition offered by the premises would address all the concerns raised by the other persons.

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives.

The licensing sub-committee considered that it was appropriate and proportionate to attach these conditions in order to address the licensing objectives.

Appeal rights

The applicant may appeal against any decision:

a)  To impose conditions on the licence

b)  To exclude a licensable activity or refuse to specify a person as premises supervisor.

Any person who made relevant representations in relation to the application who desire to contend that:

a)  That the  licence ought not to be been granted; or

b)  That on granting the licence, the Licensing Authority ought  to have imposed different or additional conditions  the conditions of the licence, or ought to have modified them in a different way

may appeal the decision.

Any appeal must be made to the magistrate court for the petty sessions area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the magistrates’ court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.