Issue - meetings

Members considered an application by Sainsbury’s Supermarkets Limited for a variation of a premises licence in respect of Sainsbury’s, 8-10 Farndale Avenue, Osbaldwick, York.

In coming to their decision the Sub-Committee took into consideration all of the evidence and submissions that were presented and determined their relevance to the issues raised and the licensing objectives; the prevention of crime and disorder, the prevention of public nuisance, the protection of children from harm and public safety.

1.         The Licensing Officers report and his comments made at the hearing, including the fact that in his view the notice was displayed correctly. He advised that the application is to remove existing Jackson’s conditions and to bring in Sainsbury’s company wide conditions.

2.         The applicants representations at the hearing including the fact that the premises already has a licence to sell alcohol until 11pm and is only asking for 2 extra hours, one in the morning and another at night to take the licence to sell alcohol to 6am to midnight. It was stated that these two extra hours were unlikely to impact on the licensing objectives. It was reiterated that the store would not be opening 24 hours a day. The applicant accepted that the premises is in a quiet area, however the store manager who was also present, advised that apart from the problem of deliveries at unsociable times which had been addressed, there had, in his opinion,  been no other problems with noise or anti social behaviour.

3.         Representations made by local residents and the Parish Council both in writing and at the hearing. They felt that the application was out of keeping with a store in such a quiet area and that considerable nuisance is caused by cars driving to the store and people eating and drinking on the forecourt. They raised the issue of light emanating from the premises and advised that at present the nearest neighbours  of the store only have 8 hours respite from the noise and light nuisances when the store is closed.

4. Written representations made by City of York Council’s Environmental Protection Unit in writing and at the hearing. They advised that whilst no complaints had been received regarding patrons of the store causing noise nuisance, they were concerned at the potential for people to gather outside late at night and recommended a condition addressing the problem.

Members were presented with the following options:

Option 1         Grant the licence in the terms applied for.

Option 2         Grant the licence with modified/additional conditions.

Option 3         Grant the licence to exclude any of the licensable conditions to which the application relates and modify/add conditions accordingly.

Option 4         Reject the application.

The Sub-Committee chose Option 2 and imposed the following conditions:

1.The sale of alcohol shall take place between 06:00 and Midnight on each and every day.

2.Late night refreshment shall take place between 23:00 and midnight on  each and every day.

3.Hours of opening: 24 hours daily

4.No provision of tables and chairs shall be made outdoors  ...  view the full minutes text for item 16