Issue - meetings

Licensing Act 2003 - Application for a Variation in respect of Aldi, Stafford Road, Wolverhampton, WV10 6DH

Meeting: 17/11/2021 - Statutory Licensing Sub-Committee (Item 3)

3 Licensing Act 2003 - Application for a Variation of a Premises Licence in respect of Aldi, Stafford Road, Wolverhampton, WV10 6DH pdf icon PDF 370 KB

Additional documents:

Minutes:

An application for a variation of a Premises Licence in respect of Aldi, Stafford Road, Wolverhampton, WV10 6DH was considered following representations made from Other Persons.

 

The Chair welcomed all parties to the hearing and invited all those to introduce themselves. All parties did so. He outlined the procedure to be followed and all parties confirmed that they understood the procedure.

 

Debra Craner, Licensing Section Leader, provided an outline of the application. 

 

Lisa Gilligan, Solicitor representing the Applicant, confirmed that the summary was accurate.

 

The Chair invited the Applicant to present the application. Lisa Gilligan, Solicitor for the Applicant did so, as per Appendix 1 of the report. She stated the following:

 

1.       The application would be part of a program of 400 applications. This program included the oldest stores in the Aldi estate, all of which have 08:00 opening times.

2.       This store has opened at 07:00 at certain times through the use of Temporary Event Notices (TENs). The application for a licence variation is an operational flexibility move to ensure that the store does not need to apply for TENs in future.

3.       There is no intention for this store to change its opening hours.

4.       After receiving concerns from local residents, the application was amended from 06:00 – 00:00 to 07:00 – 23:00, as per Appendix 5 of the report. 

5.       As the current terminal hour on the licence is 23:00, the application would be limited to applying for one hour each morning between 07:00 – 08:00 only.

6.       There have been no adverse comments from West Midlands Police or Environmental Health.

 

Responding to questions asked, Lisa Gilligan confirmed that delivery times were an issue for the Planning department and there were no restrictions on the current premises licence.

 

Sarah Hardwick, Senior Solicitor, confirmed that reference to other premises could not be considered by the Licensing Sub-Committee in decision making. She noted that limited weight should be attached to submissions relating to store deliveries generally as the application before the Sub-Committee related to the sale of alcohol only.

 

Responding to further questions, the Senior Solicitor advised that written representations made by Other Persons should be considered in decision making, but that limited weight should be attached to this evidence where persons are not in attendance to give oral evidence and therefore are not able to be questioned about any representations made.

 

The Chair invited Other Persons to make representations. Mr Elliot Russell and Mrs Marion Walker-Russell did so. They stated the following:

 

1.       The variation of the licence would not be suitable for the store’s location as the store was currently open late enough.

2.       Loud music, anti-social behaviour and inconsiderate parking were having a detrimental effect on residents living in the area.

3.       Other residents had expressed concerns over the extension of the licence.

4.       Noise complaints had been made to the Council.

 

Both parties provided summaries of their arguments. Councillor Page, Councillor Inston, Councillor Dalton, the Senior Solicitor and Democratic Services Assistant, withdrew  ...  view the full minutes text for item 3