Content

The Licensing Sub-Committee in considering
this decision from the information presented to it within the
report and at the hearing 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; and
• The protection of children from
harm,
 
The application for a premises licence has
been approved in accordance with the Council’s Statement of
Licensing and the proposed conditions set out in paragraph 8.1 of
the report.
 
The hours of licensable activity to be
modified as follows:
 
Supply of Alcohol (Off the Premises)
 
Mon 
08:00-22:00
Tue 
08:00-22:00
Wed 
08:00-22:00
Thu 
08:00-22:00
Fri  08:00-22:00
Sat 
08:00-22:00
Sun 
08:00-22:00
 
Opening hours
 
Mon 
08:00-22:00
Tue 
08:00-22:00
Wed 
08:00-22:00
Thu 
08:00-22:00
Fri  08:00-22:00
Sat 
08:00-22:00
Sun 
08:00-22:00
 
The following conditions to be added to the
premises licence:
 
· 
No sale of single cans of beer or lager.
 
· 
There shall be no sales of super strength beer, lager or cider with
an alcohol content above 6.5% ABV within the core range. This
restriction shall not apply in respect of specialist branded
premium priced products, for example craft ales, local or
micro-brewery specialist products, boxed gifts or national
celebratory/commemorative products.
 
· 
The Premises Licence Holder shall provide and put on display
contact details to raise any concerns or complaints by local
residents.
 
 
 
Reasons for the
decision
 
The application for a premises licence has
been approved, as members of the Licensing Sub-Committee were
satisfied that the licensing objectives would not be
undermined,
 
The Sub-Committee took into consideration that
there were initially 12 representations from local residents,
however one local resident withdrew their representation. The
Sub-Committee also noted that the Police and Environmental
Enforcement withdrew their objections following agreed hours and
conditions with the Applicant. The Sub-Committee noted that there
were no objections from the other Responsible Authorities.
 
The Sub-Committee heard representations from
the Applicant’s legal representative that Aldi Stores Limited
has over 1000 stores nationwide. The Sub-Committee took into
consideration that the Applicant is proposing opening hours and the
supply of alcohol until 22:00 only. A Risk Assessment has been
carried out and the Applicant will be taking measures to ensure
that they have proper security. The Applicant has a waste
procedure, waste refuge storage and their food waste is distributed
locally. The Applicant hopes the premises will improve the area.
The Police were happy with the reduced hours. Aldi is aware of
concerns by residents and wants to do everything they can to
resolve their concerns.
 
The Sub-Committee heard that the Applicant
seeks to protect their customers and local residents. The Applicant
does not want antisocial behaviour in the area and they do try to
move people who loiter. The store is closely managed by a store
manager who will be able to deal with any queries or issues
regarding concerns raised by local residents.
 
The Sub-Committee took into consideration the
Applicants' mitigation that they will use pallets to reduce the
impact of noise and that they do not use cages. The applicant added
that milk is delivered daily.
 
The Sub-Committee heard the representations
and concerns of the local residents objecting to the application on
the grounds of the four licensing objectives. This included the
impact on young families who live in the residential block
above.  There were also concerns about
tailgating and which led to at least one theft. One of the local
residents has been residing in the block since 2012 and they do not
want antisocial behaviour in the area which may be caused by the
premises.
 
The Sub-Committee heard from local residents
that security on the door is important due to a number of
vulnerable people in the residential block. When people are refused
entry to the shop the local residents have to deal with the outcome
of that. Also the existing waste collection is poorly dealt with
and will lead to increased antisocial behaviour.
 
The Sub-Committee heard from local residents
that the proximity to a homeless shelter is a problem and they have
a number of licensed premises in the area. There are young families
and there is a school nearby that will be affected by the noise and
disturbance caused by the operation of the premises.
 
The Sub-Committee took into consideration that
the local residents were not persuaded by the representations made
by the Applicant and their legal representative, and they did not
feel that their concerns and issues were addressed. The
Sub-Committee noted that the local residents did not object to Aldi
as a store, however, they felt it was not a suitable location.
 
The Sub-Committee took into consideration that
where local residents live in a mixed use development there has to
be an acceptance of some level of activity such as deliveries,
servicing and visitors are likely to be associated with the
commercial part of the development.
 
The Sub-Committee noted that a detailed
Delivery and Servicing Management Plan is already a condition on
the Planning Permission (ref: 2016/3602) which saw the demolition
of the former Mecca Bingo hall and the redevelopment of the site.
The Sub-Committee has to have regard to Government guidance and
should not duplicate existing legislation in the conditions
attached to the premises licence.
 
 
The Sub-Committee considers each application
on its own merits.
 
The Sub-Committee was satisfied with the
agreed conditions and reduced hours agreed with the Applicant in
accordance with Policy LP4 for alcohol off sales that would help
the premises operate safely and responsibly, and would mitigate the
impact on the area and on the local residents.
 
The Sub-Committee felt reassured with the
condition for limiting the ABV in beer, lager and cider excluding
craft beers.
 
The Sub-Committee was satisfied that the
Applicant agreed to provide the duty manager or contact details for
local residents Also should local residents have any issues they
also can inform the Licensing Authority who can investigate.
 
Having taken all of the above factors into
consideration the Licensing Sub-Committee was satisfied that this
application could be approved without the licensing objectives
being undermined.
 
Public
Informative
 
1. 
The Premises Licence Holder is advised to monitor the noise and
public nuisance from the operation of the premises and how it
impacts local residents living above and in close proximity to the
premises.
 
2. 
The Premises Licence Holder is further reminded of the need to
operate the premises according to any current planning permission
relating to its use class and conditions
 
3. 
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.
 
4. 
The Premises Licence Holder is strongly encouraged to use
sustainable cutlery, plates, cups, food containers, and recyclable
disposable materials to avoid using single-use plastic disposable
items.