The  report provided information to advise Members of an application for a

new premises license in respect of Tesco Stores Ltd, Warley Hill, Warley,

CM14 5HB.

Members were requested to determine the application having regard to the

operating schedule, the representations received, the Council’s Statement

of Licensing Policy and the four Licensing objectives.

In view of concerns raised in both representations relating to the display of

notice as required in the regulations, Members were requested to determine

the validity of the application as highlighted in paragraphs 6.6 to 6.11 of the

report and to either:

i) Agree that on the balance of probability the regulations pertaining to

advertising of the application had been complied with and that the application

 was valid and proceed to determination under 2.2 (below); or

ii) Determine that the application had not been properly made given that on the balance of probably the regulatory requirements relating to advertising of applications had not been sufficiently complied with.

Subject to consideration of the advertising of the application, Members would consider the application before them on its individual merits and therefore

no recommendations might be made. However, the available options were:

i) To grant the application in full on the terms and conditions contained in the operating schedule along with any applicable mandatory conditions.

ii) To grant the application in full, modified to such extent as considered

appropriate in order to satisfy any relevant representations and to promote the licensing objectives; or

iii) To grant the application in part, with or without additional conditions

as considered appropriate in light of representations received.

iv) To refuse the application in its entirety.

Members were reminded  that an authorisation was required in respect of any premises where it was intended to conduct one or more of the four licensable activities, these being:

· Sale of alcohol

· Supply of alcohol (in respect of a club)

· Regulated Entertainment

· Provision of Late Night Refreshment

An appropriate authorisation was either, a premises license, a club premises

certificate or a Temporary Event Notice.

License holders were required, when offering any licensable activity, to ensure

that they promoted the licensing objectives at all times. The operating schedule

of the application contained details of the activities applied for and the control measures that the applicant would have in place in order to promote these objectives. Such measures would,  where appropriate, be converted into enforceable conditions on any licence issued. Those pertaining to this application were reproduced in paragraph 5 of this report.

The four licensing objectives were:

· Prevention of crime and disorder

· Prevention of public nuisance

· Public safety

· Protection of children from harm

No objective carried any more weight than any other.

 Any representation must be able to demonstrate that on the balance of

probability the application in its current form would fail to adequately promote

one or more of the licensing objectives specific to the subject premises.

The application was received on 15 January 2014 from Tesco Stores Ltd

in respect of a new Tesco store  ...  view the full minutes text for item 447.