Agenda item

The licensing officer presented their report.  Members had no questions for the licensing officer.

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

The sub-committee noted the written representations from the other persons, who were not in attendance.

The applicant was given up to five minutes for summing up.

The meeting adjourned at 10.24am for the sub-committee to consider its decision.

The meeting reconvened at 10.46am and the chair advised everyone present of the decision.

RESOLVED:

That the application made by Sainsbury’s Supermarket Ltd for a premises licence under Section 17 of the Licensing Act 2003 in respect of the premises known as Sainsbury’s, 1 Walworth Road, London SE17 1GA be granted.

Hours

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 conditions conciliated with the Metropolitan Police Service.

Reasons

This was an application made by Sainsbury’s Supermarket Ltd for a premises licence in respect of the premises Sainsbury’s, 1 Walworth Road, London SE17 1GA.

The licensing sub-committee heard from the applicant’s representative who advised that the application was in relation to a new Sainsbury’s Local, to sell alcohol, for hours that matched the store’s opening hours.  Conditions had been agreed with the police, and there were no representations from any of the other responsible authorities. 

There would be no super strength beers, cider or lagers, no would there be any sold in bottles larger than two litres. All staff would be trained in Challenge 25 and there would be prompts on all the tills.

Concerning the outstanding representations from the other persons, the applicant had attempted to engage with the residents, whose concerns appeared to relate to the loss of the café that was previously at the location and the threat to independent local traders, neither of which were relevant considerations for the sub-committee.

The other persons also raised concerns that the premises would increase crime and disorder.  The Home Office Revised Guidance issued under section 182 of the Licensing Act 2003 (February 2025) stated the police were the expert for matter relating to crime and disorder and since the police had conciliated, they would be satisfied that they no longer had concerns about the premises or the application. 

One of the residents had suggested a 21:00 closing time. However, this was not comparable to other premises located in the Elephant and Castle major town centre.  It could not be justified under Southwark’s statement of licensing policy 2021-2026 (SoLP) for a premises not located in a cumulative impact area, where the recommended closing time for off-licences specified in the SoLP was 00:00 daily.

The licensing sub-committee noted the representations from four other persons, none of whom were in attendance at the hearing.

The Licensing Act 2003 is a permissive regime, and a licence would be granted unless the licensing objectives (prevention of crime and disorder, promotion of public safety, prevention of nuisance and protection of children from harm) were undermined.

While the sub-committee were sympathetic to the residents’ argument of the loss of a social space, such as a café, the loss of amenities was a planning issue.  Licensing was also a separate regime to planning and planning considerations were not relevant considerations for the licensing sub-committee. 

The conditions agreed with the police addressed issues of anti-social behaviour and street drinking. No other steps could be taken beyond the conditions agreed, other than be responsible. 

Sainsbury’s was a well-known responsible national retailer and there was an extensive operating schedule attached to the application. The application raised no cumulative impact concerns and the hours sought were within those recommended in Southwark’s SoLP.  There was no reason to refuse the application.  For this reason, the application was granted as sought.

In reaching its decision, the licensing sub-committee had regard to all the relevant considerations, its equality duties and four licensing objectives and considered that this decision was appropriate and proportionate.

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 desires to contend:

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

b)  That, on granting the licence, the licensing authority ought not to have imposed different or additional conditions to the licence, or ought to have modified them in a different way

may appeal against the decision.

Any appeal must be made to the Magistrates’ Court for the 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.