Agenda and minutes

Eastbourne Borough Council Licensing Act Sub-Committee - Monday, 13th May, 2013 6.00 pm

Venue: Town Hall, Eastbourne

Contact: Simon Russell on 01323 415021  E-mail:

No. Item


Declarations of Disclosable Pecuniary Interests (DPIs) by members as required under Section 31 of the Localism Act and of other interests under the Code of Conduct. (Please see note at end of agenda).


None were received.


New Premises Licence – Tesco, 68 Grove Road. pdf icon PDF 63 KB

Report of Senior Specialist Advisor – Report 03.

Additional documents:


The Chairman introduced members and officers present and detailed the procedure to be followed at the meeting.

The Licensing Manager outlined the report regarding the application for a new premises licence for Tesco, 68 Grove Road Eastbourne.

The premises were located in the Cumulative Impact Zone defined as where a significant number of licensed premises are concentrated in an area. When an area becomes saturated it creates exceptional problems that undermine the promotion of one or more of the licensing objectives. When valid representations are received in respect of premises located within the area identified as being subject to the Council’s Cumulative Impact Policy, a rebuttable presumption is created that the application is refused.

Originally Sussex Police had made a written representation objecting to the application on the grounds of the prevention of crime and disorder and prevention of public nuisance licensing objectives. Correspondence then occurred between Sussex Police and the applicant where revised changes were proposed to both the opening hours and permitted hours for the sale of alcohol, in addition to a list of conditions, detailed in the report that would promote the four licensing objectives. Following the acceptance of the conditions and revised changes to the operating schedule, Sussex Police withdrew their representation.

Representation had also been received from four members of the public, Ms Scott, Mr Hall, Mr Booth and Mr Rasul. The Sub-Committee was advised that all four maintained their representation despite the revised conditions and operating hours.

Mr Rasul was present at the meeting and would address the Sub-Committee in objection to the application.

The Sub-Committee asked for clarification to the premises opening hours. Despite the fact that the application had applied to open at 06.00 hours, Mr Bark, representing the applicant agreed to amend the operating hours in compliance with the planning conditions attached the premises that permitted that the premises should not be open to customers outside 07.00 hours – 23.00 hours including bank holidays.

Mr Bark then addressed the Sub-Committee in support of the application. Mr Bark made reference to the Secretary of State Guidance to the Licensing Act 2003 to address the Cumulative Impact Policy. Mr Bark highlighted paragraph 13.29 of the guidance that stated that despite a rebuttable presumption being created, the applicant could still provide evidence in their operating schedule or conditions to demonstrate that there would be no negative cumulative impact on one or more of the licensing objectives.

Mr Bark explained that each application should be judged on its own merits, in response to some of the representations made that made reference to other premises that had been refused premises licence in connection with the Council’s Cumulative Impact Policy.

Mr Bark then made reference to the representation made by Sussex Police that was subsequently withdrawn as they were of the opinion that the application was likely to meet the exceptional circumstances required to rebut the presumption of refusal of a new licence in accordance with the Cumulative Impact Policy.

Mr Bark then gave  ...  view the full minutes text for item 2.