Premise License (Public), Licensing Sub Committee - Monday, 17th June, 2024 10.00 am
June 17, 2024 View on council website Watch video of meeting or read trancriptTranscript
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So, one of the licensing objectives, and this is something that's really difficult to uphold and difficult for any licensed premises to get a complete handle on, but I'm going to ask anyway.
And that is, because we're talking about public safety, we are talking about cumulative impact area, and we greatly respect, but not talking about how Tesco's successfully or otherwise run their premises, and they're also a very successful business, or they will be all over the country.
So, but we are talking about these licensing objectives to the community and how the community actually respond to those, and look to us to uphold them.
So, under the public safety, very simple question I'm guessing that will be on most people's minds is that once the customers leave the shop, so you've got some really robust systems, that's for sure.
I've been in security game an awfully long time myself, I know how all that works.
So, you've got some really laudable processes that there's no question about that.
But once customers leave the shop, so they make a purchase, they leave the shop.
It's very difficult, and sometimes almost impossible for a retailer, whoever they are, to actually keep a handle on what happens to those people and how they dispose of alcohol and to leave the shop.
And that is one of the main aspects that I know the residents will be looking to us to uphold the accumulated impact area for their safety.
So, once they leave the shop, you can get third-party sales, of course, people coming in and buying for younger people, standing 20 metres down the road, we've all seen that.
And so, I guess my first question there is a difficult one for you, and I do understand that, but I need to ask it,
how would you mitigate those sort of circumstances and the impact on the community within the community of the impact area from the sales that you would like to make?
So, probably going to be slightly nuanced in the way that I answered this, so I'm going to start off in terms of public safety.
So, I think in terms of all the licensing objectives, and this is my view, I've been doing this for years, supposedly know a little bit about licensing.
I think it's probably the hardest one, as you've already said, to crack down in terms of what it means.
It doesn't include health and safety. It doesn't include fire safety.
But when you look at the guidance, public safety is really about safety within the premises.
So, and again, there being cases where it doesn't involve traffic, it doesn't involve deliveries, they're more planning functions.
I think some of the issues you've probably been speaking to, if I was looking at it, I'm smart for his view in a moment,
are probably as much around crime of disorder and prevention of public nuisance in terms of the impact away.
So, I think probably the starting point is, one look at all the things I've said about it not being right, et cetera, but firstly,
there is a limit, and I accept there is a limit to what a store can do.
One of the Alcar has been legitimately purchased, but that is a key word legitimately purchased.
So, if the Alcar gets into the right hands and the first place people have the wrong hands, that is a key safeguard on what I think we are excellent at doing.
In terms of beyond that, your policy recognises that the Government's guidance recognises is there is a limit to what stores can do beyond that,
and it doesn't necessarily criticise me doing it, it says there is a range of other measures that can be used to deal with either cumulative impact issues or anti-social behaviour and other things.
But I think you've asked specifically about Tesco and what Tesco do, and Tesco like to try and get involved beyond effectively the shop door and the shop front.
So, if you were to look at reported crime stats and crime incidents, and these are not crimes or whatever,
you would probably find that Tesco has amongst the highest in terms of the crystal reports,
and that's not because they have more incidents that you have less, it's because of what they are doing in terms of reporting to the police whenever they see anything.
So, by the example, they might see a group of you who aren't being installed but are up to no good, and so they will report that to the police,
but then that will get tagged with the tank Tesco, so on the face of it unless you actually look underneath it
and go into the actual individual incident, it appears that's a Tesco incident, but what that's an example of is the way in which we try and proactively make sure that we do our bit within the community.
Again, we try and speak with the police barely regulate, the security guards will try and speak with the police barely regulate, it's why we do have security
over and above what we might be required to by way of conditions within store's to make sure that we're having an impact.
We clean the store, or we clean the store, we'll clean all the streets outside of it, etc.
If hard-eigen Yeah, we also need to do anything over and above, then she has resources where she can come and get the light of Mark and Bob, etc.
Some of the other things that we've done over the years through community alcohol,
not but from my team back in community alcohol partnerships or other initiatives is where we've actually funded things in local areas
to try and deal with problems, I think the first example of caffeine being effective was actually within your local authority area at St. Nia's.
And this was about 2007 and hard issues involved with that, where we funded people going into schools and explaining what the harms of alcohol was because there was a particular issue in St. Nia's,
that's just what was linked to us, with children drinking alcohol in high ground, etc.
And so there's a range of different things that we can do, but I do accept your point there is a limit.
What I'll probably ask is Mark, who's got 30 years experience in terms of what we've seen and what would be expected to do,
how would you rate Tesco and what you've seen of them and what they do.
I think an important aspect is, if again, the type of alcohol that's sold at the venue, it's just not attractive to persons that are going to be causing antisocial behavior.
Outside that store, I mean, you've got another store at the bottom end of the street there, one of the competitors.
Massive display of beer, siders, wines, champagne, spirits behind the cash tilt, nothing.
I've not seen any antisocial behavior, crime disorder, at all, in a right now venue.
And this one's not an empty milestone, it's just when a corner.
I know I haven't worked for that with the company, but what I would say with Tesco's, what I've seen,
and all the policies, procedures, and conditions of the profit and everything that's in place.
Again, I don't think we're likely to see any negative impact on that cumulative input policy.
Not saying.
If you don't know how they, I've got one of the comments, I ask how they, she's got anything she'd like to add.
But it's not unusual for us to have stores within cumulative input policy areas and also can be for historical reasons.
We might have converted licenses, or it could be new licenses which are being granted where not likely to add.
So in some areas, it's a fairly significant problem.
So within the area that Marx used to work Westminster, Tesco had 23 licenses by an example.
Within some other areas where there are not significant problems, we have a license, we manage it and deal with it well.
Again, it's not unusual for us to be in reasonably close proximity to either hostels or other vulnerable areas,
and where we need to be in contact with them, that's what we do.
I can think of somewhere in that other place that has a famous university where, again, a store in a cumulative input policy area,
it's almost identical to this, it doesn't cause problems, it doesn't cause issues.
And I think what I can hear from this is it's not about having one single answer.
What we try and do is build a web of different things that support each other.
So they've one thing, or there will be something else that will step them and deal with it.
And again, it's not about saying, Fantastic, we've dealt with it today.
It's about, Okay, what are you going to do tomorrow and the next week and the next month?
And also as a company, Okay, you've seen us being fairly good in the market, fairly good is obviously you've been stated,
and you've got really good systems.
What are you going to do to keep that status and keep driving it forward?
And the light of hard-eash and the others within Tesco and also a map and all the people who work there
take this incredibly responsibly.
The only thing I would add is, it's difficult to be the eyes and ears of everything that's going up on away from the store.
So this is where we would work with local residents.
So if we get complaints, we would take them incredibly seriously.
We would work with the police, so if the police saw, say residents say,
We've seen this person pass alcohol to the kids further down the street or something,
we just wouldn't sell that person any alcohol because we can go back and look on CCTV to identify who it is.
So it's that bit about if you're going to cause bad behavior in the area, we're a part of this community.
We don't want to cause problems here.
So it's working with the groups and the communities around us as well.
And if the police say this person is causing problems, again, we do this up and down the country.
So it wouldn't be specific to here, we do this all the time.
Again, I should have mentioned it earlier.
I didn't.
One of the things Tesco will also do is support various initiatives in the community.
Cambridge is no different to any other place.
So we would donate money or provide other support to either upgrade various bits and pieces and things.
Do we deal with every single project in Cambridge?
Of course not.
We couldn't possibly do that.
And as part of our good neighbour policies, I'll explain a little bit of reference to it.
We try and have that minimal footprint.
We will also listen and speak to anyone in terms of residence.
It doesn't mean we will always necessarily agree with what they're saying, but we're always willing to have that conversation.
And again, lots of examples where we've reacted and done things if she wanted to hear about them.
Well, thanks for that response. I think your response is what I was looking for, what are you going to do about it?
And you've given me some good response to that.
My next, he's bought me actually quite nicely and you've already answered some of the prevention of public nuisance.
You've already highlighted the line here that you've got in the box.
The company has a good neighbour ethos which seeks to ensure that the premises plays an active part in the local community.
And he illustrated some of those things that you've done.
So you've been part answered some of that already.
However, I do know a little bit about some of that for other reasons, but I know that's what you said is absolutely true.
But this location specifically, that shops been there quite a while, I'm not quite sure how long, but it's been there quite a while.
So I think we've been interested to here to ensure that premises play an active part in the local community.
And you may not know this all pan, but would you know what parts of this specific premises has played in the active part in the local community.
And what sort of interactions you've had with that community and what response from that community was.
And the reason I'm asking this, I'm just picking them out of the air to make it difficult for you, the reason I'm asking this is because we have had quite a few objections.
And what I'm quite free to say what's in my mind is that if the premises had been playing a good active part in the local community,
I would have expected to see some communication from that community to say that they've done this, they've done that.
And these are the integrated community in this way or that way or whatever it is, but we haven't received any of that.
And I know that's indicative of when people write in, I mean, it's age old and everybody complains, but nobody writes in when it's a good day, do they?
And they say a lot to them. So I get all that as well. So I'm not trying to trap you or anything. That's why I'm asking them, because we've had lots of against, we've had nothing in support of it from the community.
Indeed we've got one of our own esteemed councillors here very respected who's come to speak because he believes this is not the right thing to do.
So I'm looking for what have you done in the community that we haven't heard about?
I wanted to be sure that you didn't think that we're just trying to make it difficult and there was a reason to ask it.
No, makes absolutely sense. I've probably got a couple of examples and then I'll ask both Matt and Hardee, so I think first and foremost we have sort of a noticeable community that we give up to the community.
Probably quite low level, but it encourages people. I think the second thing is there's been quite a lot of engagement during COVID, which was the background and the reason for this.
In terms of stuff in the locality that we've done, we also, I think I mentioned the engagement that Hardee should have with Jimmy specifically in the Lakeshire alcohol in that application, et cetera.
Second was with the police indirectly the community, two of the direct things that I think we've done is one I'm pretty sure they used to be when the store first opened, some trolleys on the outside at the store.
We've got a lot of feedback from the community saying, No, when people use the property it's fine but people are stealing these and taking them and doing silly things with them.
So we removed them. We just got rid of them completely, but that was some direct response to things that the local residents in the community had said.
The other thing that we did was that there was a suggestion that whilst they weren't getting any much particularly, there were too many street ringers because there was an warning about the store.
You can't remove the warning. You try to do it. It doesn't belong to us. It belongs to the landlord. What can you do with the street ringers?
So again, there's been an active policy of engaging with them wanting to move on and you heard that from Matt.
Again, that was a, partly it's in our interest to do that, but that was a key concern that had been expressed to us by a number of local residents.
And so it's become something that is now part of effectively the process and the policy within the store, which is if people are congregating outside and asking people, will immediately ask them to move on, whether by Matt, another member of the management team or the security guard is already there.
So those are probably two examples of media things, but again, a hard-hesion map they have, I don't know if they wish to add into that.
I mean, I've got some examples of examples of contributing towards Brownies. There's a couple of primary schools where we've donated to a Blue Smile Project, Romsey Mill School Reader, so there's lots of where there's been some kind of pockets of funding that we've done.
I guess for immediate residence, which is where I guess, you know, where our focus would be on, I guess if they approach the store, then with issues, then we can do something about that.
But actually, if we don't know about some of the issues, it's only things that we see ourselves, but things that we've done in other areas where residents, there's been complaints by residents, we've had monthly meetings with them, we've attended resident associations or some of their quarterly meetings, however often they hold them, we've attended those.
And if there's a part that we can play in the local community, then we will absolutely do that. So we'd be more than happy to, you know, whether the ward council would like to organise that, we're happy to attend those.
Or if they're ongoing now, and we don't know about them, then we would be happy to nip any issues in the buds before they become bigger problems, because we are a part of that community, and we want to make it right.
I think there's a caveat to that for those of us, I think it's quite important, which is whilst we're happy to speak to everybody, we're also very conscious that we don't want to be just getting out and speak to all in sundry, because some people find out uncomfortable.
So there is a bit of balance. I think one of the comments again that was made is we don't really have any lessons of support.
I'm going to do this for years and years and years in proper health and my hairstyle. And it's very unusual in something like this to nessary get people writing into support, etc.
And there will be certain people who will write a new object and that's fine. And rather than nessary try and persuade people that their view is wrong, which is counterproductive, and I wouldn't be or would Tesco be.
So sort of competed to think you can do that. Sometimes it lasts until you have to let the process run, and that's what we kind of do here.
Now, what is different is I think in terms of that, there isn't necessarily direct evidence of any problems in the last six years, since we've been here, etc.
And again, where people wish to engage with us constructively, then that's what we'll do.
But there is that slight tension between there because some people probably don't like the fact that there's a Tesco there, and some people definitely don't want Tesco to have a license.
I get that, I understand that. It's just we might have a different view to that. And therefore managing that.
We're also acutely aware of the fact that we don't want to come across as being a huge big national operator that's somehow trying to juggle all through.
There's a bit of a balance there. And as I say, I could give you loads of examples. I'm not intending to, I'm just going to come to the time as well, where residents have practically come to us.
I give you a stupid example. New store that opened, and it's part of planning conditions, we had certain spotlights at the rear, and the way the spotlights had been adjusted, it was actually causing problems in some of the houses, etc.
So within a couple of days, we got them readjusted. So that's the sort of example of things that Hardish was speaking about.
Again, sometimes we can use some of our connections and communications with the police or others for good.
So if the residents got a situation, saying this isn't happening, we can sometimes support and reinforce that.
But as you rightly said, it's not really the easiest of questions, but it's equally also something we're acutely aware of.
And we try and behave in the right way.
Okay. Thank you for that. I've just got a couple of other questions. So ladies, have you thought of any others before we move on to Councillor?
I've got some as well, so it's one clarification.
If I may. So as yet, there's been no meetings with local residents. Is that a fair?
There haven't been any meetings with residents who've objected. And in part, that's just where we let the writing process flow through.
And I suspect that for rightly or wrongly, we knew that some of those people who've made objections now have objected previously and felt quite strongly.
And so it's a judgment call. So you might say, well, you should have done this, etc.
There have been examples of historical where testing used to do that, and certain residents didn't like it. So to some extent, that's the whole purpose of this process.
It's supposed to be very discursive, which it is.
It's a big mix for us to view.
And as I say, we tend to allow the process to be the format for discussion, particularly if we know people might have quite strongly held for use.
Because otherwise, it's not going to benefit to be the party.
OK, I've just got an observation as much as anything else.
And I guess part of that is that you have said, and quite rightly, I've done this myself, that you assess security needs on the amount of incidents and the location,
and all sorts of folks sheet loads of factors to decide at what level of security, what level of enforcement, or whatever that you need from that area.
But except what I get that.
So having done that, what's in my mind is twofold one, having, I'm guessing you've made that assessment for this door.
So that assessment has told you that as my colleague, Councillor Wade, has already pointed out that the heightened security levels that you intend or have already got in the shop must have led you to believe that you needed them.
And also the ongoing security officer that you're going to have there on the vice of the police as well.
So there's a caveat that police have given to have this ongoing enhanced security from a security officer just about all times.
That must also have been from an impact assessment within the store, or from your own report early on you wouldn't have been doing it, because it costs a lot of money and why would you need it.
So, there must be a reason to do it now, apart from coming here, I wanted to tell us that you're going to do it.
Is there a reason why you put those things in place in this store, not in others, because I do know of other stores who don't have that other Tesco stores who don't have that.
That leads me on to part B, and that is, if bearing in mind that have been very few alcohol related incidents in that area, except that we've got reports.
So, would that then mean if that were to continue that you would do another security impact and decide that you didn't need a security guard, an offer would go in six months time or whatever.
So, that's the first part.
And what I'll draw your attention to in the line of discussion we've just been having on page 36 of this bundle, there is an email here from a resident.
And this person is addressing some of these, is asking some of these questions.
So, I'll just read you just the last part, you'll know you're perhaps put more in context of where I'm going with all this.
It says, almost the last paragraph, as far as a good neighbour policy, I've never seen them engage in communities at all.
The only contribution to the is to the amount of beggars and litter on each road.
To my knowledge, they don't get involved in local primary or secondary schools, all with Peter's Field Area Community Trust.
And the last paragraph, there also seems to be a certain amount of bravado amongst the current staff who have been telling customers that the license is a sure thing.
I hope this application will be turned down et cetera, et cetera.
But this person is saying that they have knowledge of current staff saying the license is a sure thing.
Now, that's the statement that we've received, it's in front of us, we're ready, we have to take account of it.
So, those two things, and I think at the moment, that will be done, you'll be pleased to know.
So, if I can try and deal with that head on, I think I said at the outset, with all the reps, et cetera, there are certain things within there where I'm not, we don't actually agree with them, I wasn't necessarily being addressed in head on, we're going to explain why we're coming back.
So, there are a number of things in there that we would disagree with and have a difference of opinion.
And I'm not going to say any more highly than that and I'd be able to apply them to do. The idea that members of staff, and I get the map to address that, would be thinking that the license is a sure thing is quite simply fanciful.
We've been refused before, the whole ethos of Tesco and our members of staff is we do things responsibly.
And so, that idea that any member of staff will be saying that, will say that the resident is just, as I say, slightly fanciful, I'll get them back to confirm, in a moment.
In terms of this is not engaging with the community, you've already heard from Hardee, some of the things that we're specifically doing, Cambridge, et cetera.
It may very well be, that we haven't engaged with this particular resident, in this particular resident, I know, has objected before, et cetera.
So, again, it goes back to that whole thing in terms of, with whom you speak.
There's a comment there that we've never, there's a sort of an imprint that we may not have spoken to Jimmy.
It's all done things. Hardee, historically, has specifically gone out and spoken to them, and then it's done so indirectly through the police, et cetera.
And so, there's lots of engagement, you engage with the community in many different ways, as I said to you in terms of that good neighbour policy.
It's about us trying to have more of a beneficial impact, rather than negative impact, on that community and that area.
That doesn't mean that you're going to meet best friends with every single person.
Some people aren't going to like you, or aren't going to like what you do.
I suppose the article is skilling, trying not to fall out with them, but whilst you may hold a difference of opinion.
And that's the approach that we try and take with some of those things.
So, there are many things in the reps that either I would disagree with, or Tesco would disagree with.
Some of them are not necessarily particular material to the considerations I think before you.
And it's as much as we're being criticised for what we haven't done, as opposed to focusing on what we have done and why we think they should be granted.
And that's the approach that I would really commend to you.
But, Matt, very quickly, the idea that you're a member of staff would be bragging to customers, et cetera, about premises license being granted.
Any chance of that at all? No, I'm going to go.
No.
Sorry.
OK, thank you for that.
And just the second part of the...
I'm very reminded of course that is the exit we've received so we have to explore.
OK.
So, just the feelings on the security officer concerned, if there was, when you do your securing the review,
what would be the chances of that security officer actually being withdrawn in line with the policy?
And quite rightly that you need to assess the need of that.
Everybody can't be everywhere.
And I get that there will be a periodic assessment of those security requirements.
So, without having been done, what's the likability of losing that officer?
So, first and foremost, if you ran to license, you effectively enshrine the requirement of the security guard between the minimum hours and the eleven in the morning and eight o'clock in the evening.
It's a condition, it's a condition of five.
So, we can't remove the security guard at all.
OK, that is all I wanted to hear.
Thank you so much.
But, to the extent that we have longer hours, we wouldn't remove the longer hours to the extent that we have those, by virtue of doing that.
Similarly, I mentioned the fact that we have area security, that's not going to change on the basis of granting a license or otherwise.
Any questions?
Blue, anything to clarify, add anything?
OK, Elizabeth, happy so far?
Yes, thank you.
In that case, Cancel or others?
The floor is yours.
Yes, certainly.
Thank you.
Can I just firstly clarify the statement of mine in the document, page 51, I think.
The map that I sent in is slightly printed wrongly.
The red arrow points to the wrong point.
I've got some corrections.
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The several copies here, so they can be passed around.
It's just an error in the printing of the report.
So if you look at page 51, you'll see that the arrows moved over to the right a bit on both maps,
and the effect of that is to cover up a blue blob, which is actually just outside the store that has been the subject of this application.
It's on the junction of the early Street and East Road.
The other big point to mention to clarify is that although the store is in the city centre of the United Kingdom to impact its own,
the map actually faces a piece of wood, and that's what I represent.
And that's why that map is there, showing you where the problems arise in my ward.
I'm not in the center centre.
I'm not remit for pedicuary, but I do from my ward.
And that's why I'm drawing this to your attention.
I'd also point out that this map came from the Community Impacts Assessment Review,
which was ended up with a renewal of the Community Impact Policy in February this year.
And below this map in the report it says, while a reported alcohol-related insulin saw a reduction,
the prospective crime rate increased.
So there are also increasing crime rate and a decrease in incidents.
And one reason behind the significant reduction in incident rates could be due to the streamlining of crime recording mentioned earlier in the report.
So the way the police recall crimes has changed a bit.
That I think is why there appears to be a reduction in incidents, but maybe not.
It would be a really big case.
So that's just pointing out the facts from the document.
So, as you know, the council's policies recognise the accumulated impact of all the existing licensees to sell alcohol in an area.
And the onus is on the applicant to show that that a new license would not actually make that worse or position worse.
And I really think they have not been able to do that.
It's interesting that they've got a lot of work put into the security in the store quite rightly.
Protect their staff, protect their customers, protect their bottom line because they also worry about theft.
And I think, as you recognise yourself in your questioning, that actually it's outside the store that the problems arise a lot of the time,
people misusing alcohol in the outside.
Now, the evidence of the review of the cumulative impact policy included this map.
And unfortunately, since that period which the map reflects to is the incident in one year to the third of the past 2023.
And since then, there have been further problems in the area.
We've been contacted by residents around the Peterfield Green and East Reode Estade area, which is the north part of that.
The evidence, they've reported to us a lot of alcohol raise abuse and anti-social behavior near their homes.
This is a residential area, the city centre is not largely residential.
There are parts, yes.
The area where this map is depicting is pretty well all residential.
The market ward city centre area, which includes the store in East Reode, has 254 alcohol licences, according to the report.
Peterfield Ward, my ward, has 79 licences.
No other ward in the city has more than 50 licenses.
We have a major area of licences in Peterfield and adding one just over the road in East Reode is not a good idea.
We've got enough already, thank you.
So, in response to the application, you've had a series of responses against the awarding of the licence.
One from myself, one from another councillor in my ward and one from market ward.
And there are a load of 14 other responses from the community.
Looking through those responses, you'll see many references to the concern about the problems local residents would have,
if yet another store is allowed the licence to sell alcohol.
The reports of anti-social behaviour, aggressive and intimidating conduct, fighting in the presence of the Matthews primary school directly opposite the store.
And there are also three play areas nearby.
They all make it doubly important that this should not be another alcohol licence allowed for the East Reode store.
The applicant made the point that the police have not objected.
However,
what the police are doing is supporting the cumulative impacts on policy.
In the review and renewal document, that we've approved in February,
there was a statement from the superintendent, Adam Gullop, who is the area commander of the Cambridge Police,
and it says in it,
I have read the Cambridge City cumulative impact policy review 2023 policy.
I am prepared by our licensing department. I am pleased that this makes it.
I am pleased that this makes it will consideration around the key."
I'm reading what I actually said.
Anyway, it provides consideration around the key objectives of prevention and detection of crime and disorder,
public safety, prevention of public nuisance, of preventing children from harm.
Coaching again, it is my view that the cumulative impact policies, both necessary and proportionate,
is underline those two words.
To prevent crime, disorder, public nuisance, public safety, prevention of harm.
Unfortunately, violent crime and alcohol relations and antisocial behaviour remains as a significant issue for both the police and the local partners to address.
We continue to spend considerable time, effort and resource tactics with this.
A special report on concentration of premises is seen as a vital tool in preventing further escalation of crime and disorder levels.
So, although the police have not objected specifically to this application,
they have the support for the whole policy of keeping an eye on the impact of all these licenses on the people of the community.
I'm just going back to a couple other points that were raised by the applicants.
They made a lot of the fact that we are a security officer on duty whenever the alcohol can be sold.
However, their initial application did not include that.
So I think they have tried to apply a general policy.
There's only the police here locally that pointed out that's not good enough.
And they, the police, the applicants who adjusted to save the would be a security officer on duty.
It wouldn't have been otherwise, necessarily.
So I think we have to be a little bit careful about accepting everything they've said.
It's only when we locally pointed out the problems that they've been improved.
What else we've got?
No, I think that's about it ready.
They just refer you back to the residents have a long experience of anti-social behavior in their area.
They remain stalwart that they will do what they can.
And we certainly work hard to support them in getting matters dealt with on the street
and in the parks around the East Road area.
It is a residential area.
And there's fewer stores that have the license, L.L.
of the better if we're going to keep the statistics and the actual crime in the incidents down.
So I ask you not to allow this license.
Thank you.
Thank you, Councillor Robinson.
Any questions for the council?
No, I'm sorry.
I can.
OK.
Luke, can you use this?
OK.
Any questions, anything you'd like to ask?
Can I ask about that?
No, we're not on current cross-questioning.
I don't tend to ask questions anyway.
They've probably got a couple of points of clarification or points of difference.
It will deal with those and summing up in any event if that helps.
That's absolutely fine.
In fact, that's just about where we're going to be then in that case.
If nobody's got anything else to say, then the floor again is yours.
I just want to check the order.
I normally go last 10 times into something else.
Yep.
That's it.
You can have another say if you want to, Councillor.
But it's sunlight, isn't it?
I'm not known to be verbose.
So if I did want to ask something, it would be succeed.
That's what I thought.
Rachel, many thanks.
Many thanks for your time today.
I think it's important to focus on what's been said rather than what we've been accused
of not saying, et cetera.
A couple of points of clarification.
So whilst we've focused a lot on what's within the store, that's not just the end of the
picture.
We were very clear in the other steps that we had taken, including the use of Mr. Holton.
But I think the important thing in relation to that is one of the key responsible authorities
in all of this, who have the best information.
They have the stats.
Are the police.
And we've raised extensively with them.
If the police had any concerns about this application at all, they would object.
They quite rightly in this local authority area of jet in licenses that they have concerns
and problems with.
That is their role.
They simply don't do that.
It's been said to you that this application is not consistent with the cumulative impact assessment.
Again, I respectfully disagree.
The paragraph that I read out to you, paragraph four, one, four, I'll read out again.
The cumulative impact assessment will not be used as an absolute.
What we've been suggested to you earlier is we don't want any more.
There's no need for this.
There should be no more.
That's not how the policy works.
And then most importantly, the circumstances of each application be considered properly.
And for applications that are unlikely to add to the cumulative impact on the lines of the objectives,
to be granted.
So if you're not likely to add to the cumulative impact, considering the lines of the objectives,
then the policy actually says, if paragraph four, four, one, four, that the application should be granted.
An that, in essence, sums up the application that we brought to you today.
There is no evidence of any problems within any test case store within the whole of Cambridge,
and let alone within this particular store.
You have the very good evidence of the lack of objections from the police, or indeed any other statutory authority.
They know what goes on in and around the store.
If they have concerns, they would object.
That's the whole reason there's a cumulative impact assessment.
Excuse me, he falls to the market ward.
So I had to refer to the direct evidence from Mr. Bunting about his experience, which contrasts quite markedly with some of the other residents.
You've also heard from Mr. Holton, who carried out just over 30 hours' worth of observations.
And his extensive wealth of experience.
There are probably a few people in the country who are better qualified to look at these types of issues and these types of things,
as a result of them.
But to all those things taken together, then the question really is, how do we met that test?
Is this application the current form for these premises such that they are unlikely to add to the cumulative impact?
And if so, then the application should be granted in line with your policy.
And I would hope that you agreed with us on this side at the table that we think that we have provided more than enough evidence
on that side of policy consideration.
And therefore, we hope that you grant the application as a part of, and keep your time today.
Okay, thank you so much.
Then we'll retire from this room for a wee while, and we'll come back to you as soon as we can.
We'll probably, as we normally do, report back in about 45 minutes or so,
an hour, something like that, to give you a guide of how long we're going to be after that, rather than just hang around endlessly.
I think that's a very good thing to do.
So if we report back to you in about 45 minutes, give ourselves time to,
and then to give you some sort of steer on whether we're going to make a decision today,
or whether it's going to be afternoon or another hour's time.
So does that be helpful? Yes, that's what we're doing. Absolutely.
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Thank you for waiting just a little longer than we first thought, but we're done now.
I'll just you all know well the process, but I'll just read the papers and then they'll be one for you and then that will conclude the meeting.
So this is the record of decision to consider an application under Section 17, the licensing app 2003 submitted by Tesco's 172 East Road Kombie, CB11, BG for a premises license for the sale of retail of alcohol.
The reasons you appeared before the subcommittee was to determine the application for a premises license for the sale of retail of alcohol.
The application was received on the 12th of April, 2024 in accordance with the regulations of the act.
The application was advertised on premises and in Cambridge Avenue News on the 19th of April, 2024,
to invite representations from responsible authorities and other persons.
The last date for submitting those representations was the 10th of May, 2024.
In making our decision, we considered the following list, the accumulated impact assessment 2024 police consultation response of 13th of October, 2023.
The Environmental Advisory Provisional Licensing Act, 2003, statutory guidance, Kombie City Council's statements and licensing policy reports were advice from legal officer, representations from the applicant, representations from Councillor Robertson,
representations from members of the public representation from ward Councillors.
We found the following facts, the premises is located in a cumulative impact zone.
The premises is located in a predominantly residential area opposite to a school.
The licensing objectives of protection of children from harm is relevant due to the school opening times.
There have been representations relating to incidents at the children's play area.
Although there are no direct opposition objections from the relevant authorities, in particular the police, there are objections from a number of ward Councillors and local residents.
More importantly is the fact that a police area commander had made a report in the licensing policy consultation process in October, 2023, stating it is my view that the cumulative impact policy is both necessary and proportionate.
To prevent crime disorder and nuisance, promote public safety and prevent children from harm.
Unfortunately, a violent crime and alcohol related antisocial behaviour remains a significant issue for both the police and local partners to address.
We continue to spend considerable time, effort and resources tackling this.
The special policy of concentration of premises is seen as a vital tool in preventing further escalation of crime and disorder levels.
The applicants have not had direct consultation with local residents in line with their own policy.
The waitress application was granted had significantly less residential impact because of its location and is not opposite primary school.
The application was granted to the Tesco store at Pet Gray received no representations.
We did not consider the following facts to be relevant. The information on different Tesco stores at different locations are not relevant as documents are devolved, anecdotal evidence from Mark Holton.
The reasons are this, the different locations have different impacts on the licensing objectives.
The observations of Mr Holton were covert and there was no engagement with local residents.
The next session states where members have given more weight to the evidence of one witness against another, but they should say why.
We decided that more weight was given to representations of the local residents and local ward counsellors.
Our decision is as follows. The application is refused.
Our reasons for reaching this decision are. The applicants have not shown that the granting of the license would not negatively affect the cumulative impact zone.
We relied on area commanders comments that it is my view that the cumulative impact policy is both necessary and proportionate to prevent crime disorder and nuisance, promote public safety and prevent children from harm.
Unfortunately violent crime and alcohol related antisocial behavior remains a significant issue for both the police and local partners to address.
We continue to spend considerable effort, time and resources tackling this.
The special policy of concentration and premises is seen as a vital tool in preventing further escalation of crime and disorder levels.
The security provision by the premises are indicative of a higher security risk associated with the sale of alcohol, which in itself would not be the for licensing objectives.
There have also been representations from local residents and local ward counsellors from cross parties.
In particular it has been reported that there were incidents of public nuisance and disorderly behavior in local children and playgrounds as referred to by ward counsellors and residents and representations.
With the premises being opposite the primary school, the premises proposed licensing hours coincides with the majority of the school day.
And lastly, there are also vulnerable persons in the vicinity from Jimmy's Night Shelter and this could increase incidents of antisocial behavior and that concludes our report for today.
Thank you very much ladies and gentlemen, that concludes today's hearing.
One part out, I should say, and I'm sure you know this but I need to read this piece out.
The applicants or those who made a relevant representation have the right of appeal to a mas charts court within 21 days from the state from the date of this decision notice.
Contacting Cambridge Mas rates courts and industry Cambridge CB23BJ, I'm sorry if that's the issue.
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Summary
This meeting has been cancelled.