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.