Agenda and minutes

(Director of Governance) To declare interests in any item on this agenda.

(Director of Governance) To note the agreed procedure for the conduct of business (as attached).

The Sub-Committee noted the agreed procedure for the conduct of business.

(Director of Neighbourhoods) To consider the attached report.

The three Councillors that presided over this item were Councillors Morgan, Surtees and Thomas. The Chairman welcomed the participants and requested that they introduced themselves. In attendance on behalf of the application were: Mr R Gilbert, the Store Manager and Designated Premises Supervisor; and Mr R Potkai, from Winckworth Sherwood who were acting as Solicitors for Sainsbury’s Supermarkets Limited. In attendance on behalf of the Objectors were: Mr B Gell; Mr A Horne; and Mr D Jarrett, all of whom were local residents. The Chairman then introduced the Members and Officers present, and outlined the procedure that would be followed for the determination of the application.

The Application before the Sub-Committee

The Senior Licensing Officer informed the Sub-Committee that an application for a Premises Licence had been received in respect of the new Sainsbury’s Supermarket at the former public car park in Church Hill, Loughton. This had generated a number of representations from interested parties.

The application had requested permission to sell alcohol from 7.00am to 11.00pm each day Monday to Sunday, with the opening hours of the Supermarket being midnight to midnight each day Monday to Sunday. The application had acknowledged that the opening hours were not a licensable activity and the Applicant had subsequently revised the opening hours to be 7.00am to 11.00pm each day Monday to Sunday.

Presentation of the Applicant’s Case

Mr Potkai apologised for the confusion over the application and stated that Sainsbury’s were never applying for a “24-7” licence. A revision had been made to the application such that the Opening Hours of the Store now matched the Supply of Alcohol hours originally requested. It was highlighted that the Opening Hours of the Store had been dealt with and agreed as part of the planning application that had been submitted, and the Sub-Committee was only considering the Supply of Alcohol hours. It was emphasised that there had been no objections received from the statutory consultees and that the guidance from the Government was for shops to be permitted to sell alcohol when they were open unless there was a good reason for this not to be allowed.

Mr Potkai reassured the Committee that the 7.00am start for the sale of alcohol had been requested as part of the application to avoid the need to close part of the store  to the public. There were very few sales of alcohol at 7.00am and these were the standard hours for a Sainsbury’s Local store. The Supply of Alcohol hours requested would match those agreed for the adjacent Co-Operative store, and most Off-Licences would be permitted to supply alcohol until 11.00pm on Mondays to Saturdays.

Mr Potkai drew the Sub-Committee’s attention to the four further conditions offered for the proposed Licence since the application had been submitted. These involved:

(i)         Staff training for age restricted sales, including regular refresher courses;

(ii)        Refusals of sales of alcohol to be logged in a register with full details;

(iii)       A Register to be maintained to record all incidents  ...  view the full minutes text for item 10.

Exclusion

To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement

Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers

Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

The Sub-Committee noted that there was no business which necessitated the exclusion of the public and press.