Tesco tries again.

Tesco Stores Ltd t/a Tesco Express has submitted a licensing application to RMBC for premises adjacent to The Cutler pub.

There were a lot of objections first time round when Tesco’s original application was submitted 2 years ago including an objection from APC. Application RB2015/077 has been resubmitted with alterations which probably reflect comments from immediate neighbours concerning noise and disturbance from extractor fans. As far as I’m aware RMBC has not granted planning permission for the proposed building  but it seems Tesco’s tactic is to apply for a premises licence under Section 17 of the Licencing Act 2003 and hope permission is granted which then gives them a free hand to build a Tesco Express.

RMBC has not complied with statutory requirements. These include: references to the Revised Guidance issued under section 182 of the Licensing Act 2003 April 2017. protecting the public and local residents from crime, anti-social behaviour and noise nuisance caused by irresponsible licensed premises;
giving the police and licensing authorities the powers they need to effectively manage and police the night-time economy and take action against those premises that are causing problems;
recognising the important role which pubs and other licensed premises play in our local communities by minimising the regulatory burden on business, encouraging innovation and supporting responsible premises;
providing a regulatory framework for alcohol which reflects the needs of local communities and empowers local authorities to make and enforce decisions about the most appropriate licensing strategies for their local area; and encouraging greater community involvement in licensing decisions and giving local residents the opportunity to have their say regarding licensing decisions that may affect them.

Section 5 of the 2003 Act requires a licensing authority to determine and publish a statement of its licensing policy at least once every five years. The policy must be published before it carries out any licensing functions under the 2003 Act.
Where is the copy of RMBC’s Licensing Policy?

Legislation which may be relevant includes:
The Gambling Act 2005
The Environmental Protection Act 1990
The Noise Act 1996
The Clean Neighbourhoods and Environmental Act 2005
The Regulatory Reform (Fire Safety) Order 2005
The Health and Safety at Work etc. Act 1974
The Equality Act 2010
The Immigration Act 2016

The notice displayed outside the Cutler did not give all he relevant information and does not conform to requirements that notices should be every 50mtrs. There are 2/3 on lamp posts outside the Pub and on the notice board across the road.

RMBC has failed in its statutory duty by not referencing or noting any of the legislation mentioned above.

There are other issues with this application concerning; The prevention of crime and disorder. Public Safety. The prevention of public nuisance.The protection of children from harm and the increase in heavy traffic at a hazardous junction.

 

 

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5 Responses to Tesco tries again.

  1. David says:

    I think the labour cllr may have to declare an interest as he is on the planning board someone forgot to mention that also harry croft quarry has been working for years and if my memory serves me right did at some point donate things to apc for the bowling club so anston can benefit from local companies anston as been supplying stone for donkeys year’s and I hope it will carry on for meany more we should be proud of our heritage so when items like this come up cllrs need to rethink ther position

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  2. S Thornton says:

    I still do not get the idea, that a company can apply for a licence, when the building they are applying for does not exist. I very much doubt that the Labour Councillors at RMBC will even raise this issue. With regards to the “Two” RMBC councillors on the Parish Council, I am aware that Councillor Clive Jepson (Independent) has yet again, been in contact with RMBC over the licencing issue, and was very active in the last Planning application.
    So where does that leave the other RMBC councillor on the Parish Council, Cllr Jonathon Ireland (Labour) ?. Good question, we do not have a clue. He appears to be doing very little at all. A good example is the recent planning application for the Harry Crofts Quarry. This is probably the biggest planning application to affect the village for several years. What was his contribution, nothing, ziltch. He not only failed to speak up for the people of South Anston as an RMBC Councillor, He utterly failed to attend the very Planning Committee that he sits on. Councillor Jepson attended and put the case against, as an RMBC Councillor, and I spoke against, on behalf of Anston Parish Council. What really rubs it in is that I have to pay my way, ( car parking tickets, petrol and my own time) while he fails to speak up, or represent the people, and gets £12,000 a year for doing sod all.
    But if you think that`s bad, where is the other Labour RMBC Councillor, Catherine wilson valez ?. Nobody has heard nor seen anything of her since she was elected. Another Labour Councillor being paid £12,000 a year for not doing nothing.

    S Thornton

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  3. David says:

    Firstly this was asked at a council meeting by a member of public along time before any application was submitted when it came to light one rmbc cllr abstained when local shopkeeper s where at the next meeting the rmbc cllr took up the fight against the application why we might wonder nice chance for publicity stunt it seems this company is set to open this store with no regards to local business or the affecte that might follow

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  4. Patriot says:

    By applying for a licence to sell alcohol before they have planning permission to build is a sign that Tesco is confident that they will get their way. I would like to remind the two APC Councillors who are also RMBC Councillors that a large amount of Anston residents objected to Tesco’s plans and signed a petition to that affect. I will also be very annoyed if the said Councillors do not verbally object very strongly in the appropriate RMBC meeting to Tescos plans to build an unwanted and unneeded Express shop in this location which would be detrimental to the local environment and residents and a threat to several local businesses in the vicinity, especially when Tesco has a supermarket one mile away in Dinnington.

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