AGENDA ITEM: 5 Pages 1 – 43

Meeting eting Licensing Sub-Committee Licensing Sub-Committee

Date Date 3 MARCH 2011 3 MARCH 2011

Subject Subject Tesco, 248 Oakleigh Road North, Whetstone, N20 0BU Tesco, 248 Oakleigh Road North, Whetstone, N20 0BU

Report of Report of Democratic Services Manager/Licensing OfficerDemocratic Services Manager/Licensing Officer

Summary Summary This report asks the Sub-Committee to consider an application for a new premises licence under the Licensing Act 2003 This report asks the Sub-Committee to consider an application for a new premises licence under the Licensing Act 2003

Officer Contributors Stephanie Chaikin – Democratic Services (covering report) Michelle Rudland – Licensing Officer (Licensing Officer’s Report)

Status (public or exempt) Public

Ward(s) affected Oakleigh

Enclosures Report of the Licensing Officer and Decision Sheets including Written Representations

For decision by Licensing Sub-Committee

Function of Council

Reason for urgency / exemption from call-in (if appropriate)

Not applicable

Contact for further information: Stephanie Chaikin, Democratic Services, Tel: 020 8359 2019

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1. RECOMMENDATIONS 1.1 That the Sub–Committee consider the application for a new premises licence. 2. RELEVANT PREVIOUS DECISIONS 2.1 None. 3. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 3.1 The Council’s Licensing Policy. 4. RISK MANAGEMENT ISSUES 4.1 Not applicable. 5. EQUALITIES AND DIVERSITY ISSUES 5.1 Licence applications are dealt with according to the provisions of the Licensing Act 2003

and associated Regulations which allow both applications and representations to applications to be made by all sectors of the community.

6. USE OF RESOURCES IMPLICATIONS (Finance, Procurement, Performance & Value for Money, Staffing, IT, Property, Sustainability) 6.1 None. 7. LEGAL ISSUES 7.1 Valid representations have been received to the application, which is therefore before the

Sub-Committee for consideration. 8. CONSTITUTIONAL POWERS 8.1 The Licensing Sub-Committee will discharge the functions under the Licensing Act 2003

and associated Regulations, as delegated to it by the Licensing Committee. 9. BACKGROUND INFORMATION 9.1 The application and report of the Licensing Officer and appendices are attached to this

report. 10. LIST OF BACKGROUND PAPERS 10.1 None Legal – SL

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LICENSING ACT 2003

OFFICERS REPORT

Tesco Stores Ltd, 248 Oakleigh Road North, Whetstone, N20 0BU 1. The Applicants The application was submitted by Tesco Stores Ltd of Tesco House, Delamare Road, Cheshunt, Waltham Cross, Herts, EN8 9SL 2. The Application The application was received on the 6 January 2011 under Section 17 of the Licensing Act 2003 for a new Premises Licence. The application proposes the following: The supply of alcohol for consumption off the premises only from 06:00hrs until

23:00hrs Mondays to Sundays

To allow the premises to remain open to the public from 06:00hrs until 23:00hrs Mondays to Sundays

A full copy of the application showing the amendments can be seen in Annex 1 attached to this application. 3. Conditions volunteered by the applicants during consultation period

Following discussions with the Metropolitan Police, the applicants agree to the following CCTV conditions being attached to the premises licence:

Digital recording colour CCTV comprising of a multi camera system. The head unit (recorder) for storing the images will store such data on a

hard drive or a similar quality medium. If the head unit (recorder) is kept on the premises it must be located in a

secure cabinet or other secure area, preferably out of the sight and reach of the public. The unit must be further secured by physical means to prevent anyone from merely picking up and removing the unit, e.g. a secure metal boot, or metal case strap, bolted to an immovable object like a wall or floor.

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A CD or DVD burner will also form part of the system to facilitate making copies of the images.

The quality of the images must be of a sufficiently high standard to allow

identification of the subject matter. Cameras will cover key areas identified by the operator and Police. These

will include clear headshots of persons entering the shop area, the till area and the main alcohol displayed area.

Images must be retained for a period of 31 days before overwriting. The images will be made available in reasonable time on demand by the

Police and authorized officers of the London Borough of Barnet. Unless exceptional circumstances arise, all times when the premises are

open there shall be at least one person who is capable of operating the CCTV system if required to do so by the Police or authorised officers of the London Borough of Barnet.

This system will be fully maintained at all times to ensure correct operation.

if the CCTV becomes inoperable the Premises Licence holder shall take the appropriate steps to rectify the matter as quickly as possible

A copy of the email asking the Licensing Authority to include these conditions on the licence is attached to this report in Annex 2 4. Representation The Licensing Authority is in receipt of 1 relevant representation from an interested party living in the vicinity of the premises. This representation relates to the likely effect that the granting of this application would have on all four of the licensing objectives. The interested party representation can be found in Annex 3 attached to this report. 5. Officers Comments Statement of Policy: The Council's Policy makes it clear that the decision taken by the council will be focused on matters that are within the control of the individual licensees and others granted relevant permissions. Accordingly, these matters will centre on the premises and places being used for licensable activities and the vicinity of those premises and places. The council will focus on the direct impact of activities taking place at the licensed premises on both adults and children lining in, working in or visiting the area concerned.

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The Statutory Guidance at 2.4 and 2.39 refers to the control of behaviour away from licensed premises. 6. Attaching conditions The operating schedule, which is part of the application, includes certain additional steps that the applicant proposes to take to promote the licensing objectives. These will become enforceable conditions, should the licence be granted. Additional conditions may be attached to the licence if the committee thinks it appropriate. The Committee must have regard to all of the representations made and the evidence it hears, and is asked to note that it may not attach conditions or reject the whole or part of the application merely because it considers it desirable to do so. It must actually be necessary in order to promote the licensing objectives. In relation to conditions, the statutory guidance at chapter 10.11 states amongst other things that “The licensing authority may not impose any conditions unless its discretion has been engaged following receipt of relevant representations and it has been satisfied at a hearing of the necessity to impose conditions. It may then only impose conditions that are necessary to promote one or more of the four licensing objectives. Such conditions must also be expressed in unequivocal and unambiguous terms to avoid legal dispute.” Full Copies of the Councils Statement of Licensing Policy, the Statutory Guidance to the Act and the Council’s Guide to Good Practice at Licensed Premises will be available at the Licensing Sub Committee hearing or in advance if required. A map centrally locating the premises and a plan shall be made available at the hearing. Michelle Rudland Licensing Officer Thursday, 17 February 2011 Annex 1 – Application Form Annex 2 – Email confirming conditions to be attached to the application Annex 3 – Interested Party Representation Annex 4 – Matters for decision

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ANNEX 1

APPLICATION FORM

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5th January 2011

london Borough of Barnetlicensing TeamBuilding 4,North london Business ParkOakleigh Road SouthlondonN11 1NP

Dear Sir/Madam,

Application for a New Premises Licence under Licensing Act 2003

Licensing TeamCirrus Building CShire ParkWelwyn Garden CityHertfordshire AL 1 1ZR

Tel: 01707298345Fax: 01707 298337Email:licensing. team@uk.tesco.com

'.•

Tesco Stores Ltd, 248 Oakleigh Road North, Whetstone, London N20 OBU

We wish to make an application for a new Premises licence forthe above proposed storeunder the licensing Act 2003.

We duly enclose:1. Application for a new premises licence under the licensing Act 20032. Form of consent given by the person the applicant wishes to be the premises supervisor3. A Plan of the premises drawn in accordance with the regulations4. Copy of Tesco Stores ltd's policy on the Provision of Portable Fire-Fighting Equipment.5. A cheque for £315.00 in respect of the fee payable

Application Form

We have made our application in line with the legislation set out in the licensing Act 2003 andits supporting regulations.

Plans

The area in which we propose to sell alcohol is shown on the plan.

We regret that we are not able to denote all types of safety equipment on all our store plans.We have, however, enclosed a copy of our policy on the provision of portable fire-fightingequipment within stores. This document clearly lays down the system adopted in all stores asto the placement of fire fighting equipment and safety notices.

Responsible Authorities

We confirm that a copy of this letter and the enclosed documents have today been sent to allthe relevant responsible authorities. If we have missed any of the Responsible Authorities offwe would appreciate if you contact us immediately to allow us to rectify our mistake.

t-

Tesco Stores Ltd, (519500). Company Registered in England. Registered Office: Tesco House, Delamare Road, Cheshunt, Hertfordshire EN8 9SL7

Advertisements

We can also confirm that notices advertising the application will be displayed at the premisesfrom ih January 2011 to 3rd February 2011 and in a local newspaper within the required timescale.

If you have any comments or queries regarding this application, please do not hesitate tocontact us so that we can resolve any issues.

We appreciate that your department is under considerable pressure, but would be grateful ifyou would be kind enough to acknowledge safe receipt, either in writing to the address above,or via email tolicensinq.team@uk.tesco.com.

We thank you for your assistance in this matter.

Yours faithfully

Licensing Manager - Tesco Stores Ltd.Greg Bartley

CC:

Metropolitan Police Service, Licensing Officer, Colindale Police Station, Grahame ParkWay, Colindale, London NW9 5TW

London Fire and Emergency Planning Authority (LFEPA), Barnet Group, 1st Floor,Finchley Fire Station, 227 Long Lane, London N3 2RP

Health and Safety Team, Building 4, North London Business Park, Oakleigh RoadSouth, New Southgate, London N111NP

London Borough of Barnet, Environmental and Neighbourhood Services, Noise andStatutory Nuisance Manager, Building 4, North London Business Park, Oakleigh RoadSouth, New Southgate, London N111NP

London Borough of Barnet Planning, Building 4, North London Business Park,Oakleigh Road South, New Southgate, N11 1NP

London Borough of Barnet, Safeguarding Children Board, Barnet House, 1255 HighRoad, Whetstone, London N20 OEJ

London Borough of Barnet, Trading Standards Service, Building 4, North LondonBusiness Park, Oakleih Road South, New Southgate, London N11 1NP

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Application for a premises licence to be grantedunder the Licensing Act 2003

PLEASE READ THE FOllOWING INSTRUCTIONS FIRSTBefore completing this form please read the guidance notes at the end of the form. If you are completingthis form by hand please write legibly in block capitals. In all cases ensure that your answers are insidethe boxes and written in black ink. Use additional sheets if necessary.You may wish to keep a copy of the completed form for your records.l!We Tesco Stores Ltd

(Insert name(s) of applicant)apply for a premises licence under section 17 of the Licensing Act 2003 for the premisesdescribed in Part 1 below (the premises) and I/we are making this application to you as therelevant licensing authority in accordance with section 12 of the Licensing Act 2003

Part 1 - Premises DetailsPostal address of premises or, if none, ordnance survey map reference or description

Tesco Stores LtdI

248 Oakleigh Road NorthWhetstone

Post town London Post code N20 OBU

ber at premises (if any)

Non-domestic rateable value of premises Not Yet Assessed, but enclosing cheque for £315.00 tocover fee

Part 2 - Applicant DetailsPlease state whether you are applying for a premises licence asPlease tick

n individual or individuals *

as a limited company

corporated association or

(for example a statutory corporation)ognised cl~bw~,~w,w,--~w,,_.w_.,,~...._...._-_ ...

se complete section (A)

complete section (B)

complete section (B)

tion (B)

Jete section (B)

complete section (B)

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e complete section (B)

please complete section (B)

(B)

section (B)

complete section (B)ity

oprietor of an educational establishment

a person who is registered under Part 2 of the CareStandards Act 2000 (c14) in respect of an independenthospitalhe chief officer of police a police force in Englandnd Wales

ing as a person described in (a) or (b) please confirm:

• I am carrying on or proposing to carryon a business which involves the use of thepremises for licensable activities; or

• I am making the application pursuant to a• statutory function or• a function discharged by virtue of Her Majesty's prerogative

PI

(A) INDIVIDUAL APPLICANTS (fill in as a

Mr

tact telephone

r Title (formple, Rev)

SECOND INDIVIDUAL APPLICANT (if applicable)

Other Title (forexample, Rev)

tick yes

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(8) OTHER APPLICANTSPlease provide name and registered address of applicant in full. Where appropriate please giveany registered number. In the case of a partnership or other joint venture (other than a bodycorporate), please give the name and address of each party concerned.~e Tesco Stores Ltd

AddressTesco HouseDelamare RoadCheshuntWaltham CrossHertsEN8 9SL

Registered number (where applicable)Company Number: 00519500

D.es.cription of applicant (for example, partnership, company, unincorporated association etc.)Limited Company

Telephone number (if any) 01707 298345

E-mail address (optional) Iicensinq.team@uk.tesco.com

PLEASE NOTE THIS EMAIL ADDRESS HAS RECENTLY CHANGED.

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Part 3 Operating ScheduleDay As soon as possible

When do you want the premises licence to start?MonthYear

DayIf you wish the licence to be valid only for a limited period, when do you Month

!want it to end? Year

Please give a general description of the premises (please read guidance note1)

Retail premises (supermarket) selling a range of goods and services. This includes the sale of alcohol forconsumption off the premises. Sales of alcohol for consumption off the premises are made from thesupermarket sales floor as shown on the enclosed plan.

If 5,000 or more people are expected to attend the pre. , please state the number expected to attend.

What licensable activities do you intend to carryon from the premises?(Please see sections 1 and 14 of the Licensing Act 2003 and Schedules 1 and 2 to the Licensing Act2003 );l

. ticking yes, fill in box E)

P

cing (if ticking yes, fill in box J)

d music (if ticking yes, fill in box F)

ng music (if ticking yes, fill in box I)

plays (if ticking yes, fill in box A)

films (if ticking yes, fill in box B)

·sion of reaulated entertainment

performances of dance (if ticking yes, fill in box G)

anything of a similar description to that falling within(e), (f) or (g)(if ticking yes, fill in box H)

vision of entertainment facilities:

j)

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12

entertainment of a similar description to that fallingk) within (i) or U)

(if ticking yes, fill in box K)

! Provision of late niaht refreshment (if ticking yes, fill in box L)

~lInnlv of alcohol (if ticking yes, fill in box M) X

In all cases complete boxes N, 0 and PAPlaysStandard days andtimings (please readguidance note 6)

Tue

Wed

Thur

Fri

Sat

Sun

Will the performance of a plav take place indoorsor outdoors or both - please tick (please read Indoorsguidance note 2)

Please aive further details here (please read guidance note 3)

State any seasonal variations for performina plavs (please readguidance note 4)

Non standard timinas. Where you intend to use the premises for theperformance of plays at different times to those listed in the columnon the left. please list (please read guidance note 5)

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13

Both

Please aive further details here (please read guidance note 3)

BFilmsStandard days andtimings (please readguidance note 6)

Tue

Will the exhibition of films take place indoors oroutdoors or both - please tick (please readguidance note 2)

Indoors

Outdoor

Wed

Thur

Fri

Sat

Sun

State any seasonal variations for the exhibition of films (please readguidance note 4)

Non standard timinas. Where YOU intend to use the premises for theexhibition of films at different times to those listed in the column onthe left, please list (please read guidance note 5)

6

14

cIndoor sporting events Please give further details (please read guidance note 3)Standard days and timings(please read guidance note

E:r .:lli::lll Finish

Man

Tue State any seasonal variations for indoor sportina events (please readguidance note 4)

Wed

Thur Non standard timinas. Where you intend to use the premises forindoor sporting events at different times to those listed in the columnon the left. please list (please read guidance note 5)

Fri

Sat

Sun

7

15

Please aive further details here (please read guidance note 3)

DBoxing or wrestlingentertainmentsStandard days andtimings (please readguidance note 6)

Mon

Tue

Will the boxina or wrestlina entertainment takeplace indoors or outdoors or both - please tick(please read guidance note 2)

Indoors

Outdoors

Wed

Thur

Fri

Sat

Sun

State any seasonal variations for boxina or wrestlina entertainment(please read guidance note 4)

Non standard timinas. Where you intend to use the premises forboxina or wrestlina entertainment at different times to those listed inthe column on the left. please list (please read guidance note 5)

8

16

'ELive musicStandard days andtimings (please readguidance note 6)

Please Qive further details here (please read guidance note 3)

IndoorsWill the performance of live music take placeindoors or outdoors or both - please tick (pleaseread guidance note 2)

FinishStart

Mon

Tue

Wed State any seasonal variations for the performance of live music (pleaseread guidance note 4)

Thur

Fri Non standard timinQs. Where yOU intend to use the premises for theperformance of live music at different times to those listed in thecolumn on the left, please list (please read guidance note 5)

Sat

Sun

9

17

Please aive further details here (please read guidance note 3)

FRecorded musicStandard days andtimings (please readguidance note 6)

Tue

Will the plavina of recorded music take placeindoors or outdoors or both - please tick (pleaseread guidance note 2)

Indoors

Wed

Thur

Fri

Sat

Sun

State any seasonal variations for the plavina of recorded music (pleaseread guidance note 4)

Non standard timinas. Where yOU intend to use the premises for theplavina of recorded music at different times to those listed in thecolumn on the left, please list (please read guidance note 5)

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Please Qive further details here (please read guidance note 3)

GPerformances of danceStandard days andtimings (please readguidance note 6)

Start Finish

Tue

Will the performance of dance take place indoorsor outdoors or both - please tick (please readguidance note 2)

Indoors

Wed

Thur

Fri

Sat

Sun

State any seasonal variations for the performance of dance (pleaseread guidance note 4)

Non standard timinQs. Where yoU intend to use the premises for theperformance of dance at different times to those listed in the columnon the left. please list (please read guidance note 5)

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19

HAnything of a similardescription to thatfalling within (e), (f) or(g)Standard days andtimings (please readguidance note 6)

Man

Tue

Wed

Thurs

Fri

Sat

Sun

Please give a description of the tvpe of entertainment you will beproviding

Will this entertainment take place indoors oroutdoors or both - please tick (please readguidance note 2)

Please give further details here (please read guidance note 3)

State any seasonal variations for entertainment of a similar descriptionto that falling within (e), (f) or (g) (please read guidance note 4)

Non standard timings. Where you intend to use the premises for theentertainment of a similar description to that falling within (e), (f) or (g)at different times to those listed in the column on the left, please list(please read guidance note 5)

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20

Provision of facilities formaking musicStandard days andtimings (please readguidance note 6)

Man

Tue

Wed

Thurs

Fri

Sat

Sun

Please Qive a description of the facilities for makinQ music you will beprovidinQ

Will the facilities for makinQ music be indoors oroutdoors or both - please tick (please readguidance note 2)

Please Qive further details here (please read guidance note 3)

State any seasonal variations for the provision of facilities for makinQmusic (please read guidance note 4)

Non standard timinQs. Where you intend to use the premises forprovision of facilities for makinQ music at different times to thoselisted in the column on the left. please list (please read guidance note 5)

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21

Please aive a description of the facilities for dancina you will beprovidina

JProvision of facilities fordancingStandard days andtimings (please readguidance note 6)

Will the facilities for dancina be indoors oroutdoors or both - please tick (see guidance note2)

Indoors

DayMan

Tue

Wed

Thurs

Fri

Sat

Sun

Start FinishPlease aive further details here (please read guidance note 3)

State any seasonal variations for providina dancina facilities (pleaseread guidance note 4)

Non standard timinas. Where you intend to use the premises for theprovision of facilities for dancina entertainment at different times tothose listed in the column on the left, please list (please read guidancenote 5)

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22

KProvision of facilities forentertainment of asimilar description tothat falling within i or jStandard days andtimings (please readguidance note 6)

Tue

Wed

Thurs

Fri

Sat

Sun

Please aive a description of the type of entertainment facility you willbe providina

Will the entertainment facility be indoors oroutdoors or both - please tick (please readguidance note 2)

Please aive further details here (please read guidance note 3)

State any seasonal variations for the provision of facilities forentertainment of a similar description to that fallina within i or j (pleaseread guidance note 4)

Non standard timinas. Where you intend to use the premises for theprovision of facilities for entertainment of a similar description to thatfallina within i or i at different times to those listed in the column onthe left, please list (please read guidance note 5)

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LLate night refreshment Will the provision of late night refreshment takeStandard days and place indoors or outdoors or both - please tick Indoors

timings (please read (please read guidance note 2)guidance note 6) Outdoors

Day Start Finish Both

Man Please give further details here (please read guidance note 3)

Tue

Wed State any seasonal variations for the provision of late nightrefreshment (please read guidance note 4)

Thurs

Fri Non standard timings. Where yOU intend to use the premises for theprovision of late night refreshment at different times, to those listed inthe column on the left, please list (please read guidance note 5)

Sat~t

t

Sun

16

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N/A

N/A

On thepremises

Noli standard timinas. Where you intend to use the premises for thesupply of alcohol at different times to those listed in the column on theleft, please list (please read guidance note 5)

State any seasonal variations for the supply of alcohol (please readguidance note 4)

Will the supply of alcohol be for consumption(Please tick box) (please read guidance note 7)

MSupply of alcoholStandard days andtimings (please readguidance note 6)

Sun 0600 2300

State the name and details of the individual whom you wish to specify on the licence as premisessupervisor .~

me Greg Bartley

Address39 Offley RoadHitchinHerts

SG5 2BBnumber (if known) HARLOW/PERS/0094

licensing authorit (if known) Harlow District Council

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NPlease highlight any adult entertainment or services, activities, other entertainment or mattersancillary to the use of the premises that may give rise to concern in respect of children (pleaseread guidance .note 8)

N/A

oHours premises are open State any seasonal variations (please read guidance note 4)to the publicStandard days and timings N/A(please read guidance note6)

Tue

Wed

Thur

Fri

Sat 0600

Sun

Non sta~dard !iminas. ~here yOU intend the premises to be open tothe public at different times from those listed in the column on theleft. please list (please read guidance note 5)

N/A

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P Describe the steps you intend to take to promote the four licensing objectives:a) General - all four licensing objectives (b,c;,d,e)(please read guidance note 9)We are a national retailer that sells alcohol as part of a broad offering of goods and services. We haveheld off-licences in our stores for many years and are an approved British Institute of Inn-keepingexamination centre. We have written training policies and formal training programmes are in place, whichensure our people are equipped to meet all licensing objectives. All training and revision/refreshermaterials are reviewed regularly. All stores currently comply with our 'Think 25' policy, this is brought tocustomer's attention through point of sale material within the store. We take legal compliance veryseriously and in addition to local training we employ a central alcohol licensing compliance manager andhave a compliance committee.

b) The prevention of crime and disorderThe premises will have digital CCTV system that covers many areas of the shop floor, including theproposed area which will be used for beer and wine, should we be successful with our application.Images will be retained for a minimum of 21 days and made available on enforcement request.Ordinarily, a member of the Management team will be on the premises all the time the store is open. Aperson will have responsibility for the premises whilst the premises are open.

c) Public safetyA person will have responsibility for the premises whilst the premises are open. Management will betrained to support the running of the premises including looking after our customers and staff. The storewill adhere to all rules and regulations relating to public safety.

d) The prevention of public nuisanceWe intend to be an active member of the community., We welcome the opportunity to liaise with Police and enforcement authorities should the need arise.

e) The protection of children from harm

All staff will be trained and regularly refreshed in the corporate 'Think 25' Policy. Staff will be trained tolook at the customer and Think 25' when selling alcohol.~ till p.rompt will appear on the initial sale of alcohol that will remind the seller of their responsibilitiesincluding not to sell alcohol to anyone under the age of 18.Th~ store will display signage around the premises informing both staff and customers of our 'Think 25'policy on alcohol.

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D

ade or enclosed P?Yrnent of the feee enclosed the plan of the premisese sent copies of this application and the plan to responsible authorities and others where. able

I have enclosed the consent form completed by the individual I wish to be premisessu pervisor ,ifappl icableI understand that I must now advertise rnYMapplicationI understand that if I do not comply with the above requirements my application will berejected

IT IS AN OFFENCE, LIABLE ON CONVICTION TO A FINE UP TO LEVEL 5 ON THE STANDARDSCALE, UNDER SECTION 158 OF THE LICENSING ACT 2003 TO MAKE A FALSE STATEMENT INOR IN CONNECTION WITH THIS APPLICATION

Part 4 - Signatures (please read guidance note 10)

Signature of applicant or applicant's solicitor or other duly authorised agent (See guidance note11). If signing on behalf of the applicant please state in what capacity.

Capacity

For joint applications signature of 2nd applicant or 2nd applicant's solicitor or other authorisedagent. (Please read guidance note 12). If signing on behalf of the applicant please state in whatcapacity.

:1 Signature

Date

Capacity

Contact name (where not previously given) and postal address for correspondence associatedwith this application (please read guidance note 13)Greg BartleyLicensing Team, Tesco Stores Ltd, Cirrus Building C, Shire Park

n Cithone number (if any) 07 298348

. you would prefer us to correspond with you bye-mail your e-mail address (optional)II ensln k.tesco.com

Rn

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Notes for Guidance1. Describe the premises. For example the type of premises, its general situation and layout and

any other information which could be relevant to the licensing objectives. Where your applicationincludes off-supplies of alcohol and you intend to provide a place for consumption of these off-supplies you must include a description of where the place will be and its proximity to thepremises.

2. Where taking place in a building or other structure please tick as appropriate. Indoors mayinclude a tent.

3. For example the type of activity to be authorised, if not already stated, and give relevant furtherdetails, for example (but not exclusively) whether or not music will be amplified or unamplified.

4. For example (but not exclusively), where the activity will occur on additional days during thesummer months.

5. For example (but not exclusively), where you wish the activity to go on longer on a particular daye.g. Christmas Eve.

6. Please give timings in 24 hour clock (e.g. 16:00) and only give details for the days of the weekwhen you intend the premises to be used for the activity.

7. If you wish people to be able to consume alcohol on the premises please tick on, if you wishpeople to be able to purchase alcohol to consume away from the premises please tick off. If youwish people to be able to do both please tick both.

8. Please give information about anything intended to occur at the premises or ancillary to the use ofthe premises which may give rise to concern in respect of children, regardless of whether youintend children to have access to the premises, for example (but not exclusively) nudity or semi-nudity, films for restricted age groups, the presence of gaming machines.

9. Please list here steps you will take to promote all four licensing objectives together.10. The application form must be signed.11. An applicant's agent (for example solicitor) may sign the form on their behalf provided that they

have actual authority to do so.12. Where there is more than one applicant, both applicants or their respective agents must sign the

application form.13. This is the address which we shall use to correspond with you about this application.

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Consent of individual to being specified as premises supervisor

I,

GREG BARTLEY

of

39 Offley Road, Hitchin, Herts. SG5 2BB

{insert {zJIIhome address and pos/codel

hereby confirm that 1give my consent to be specified as the designated premises supervisor in relation to the application for anew premises licence to specify an individual as designated premises supervisor under section 17 of the Licensing Act 2003 byTesco Stores Ud relating to a premises licence:

[Insert existing Premises Licence Number if anyl

for

Tesco Stores Ud248 Oakleigh Road NorthWhetstoneLondonN20 OBU

[Insert name and address of oremises to which the application relatesl

and any premises licence to be granted or varied in respect of the application made by Tesco Stores Ud concerning the supply ofalcohol at the above premises.

I also confirm that I am applying for, intend to apply for or currently hold a personal licence, details of which I set out below.

Personal licence number

Insert personal licence number, if an HARLOWIPERSI0094

Signed

~~-------------Name (Please Print)

Date

I GREG BARTLEY

15th January 2011

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TESCOProvision of Portable Fire-Fighting Equipment at Tesco Stores

General

Portable fire extinguishers are provided as a means of first aid fire fighting equipment but .should not be considered for use on a large fire or as an aid to escape. Their portability and.immediate availability allows for prompt intervention by an individual at the start of a fire.

Therefore the 'suitability and location will dictate the types and quantity of fire fightingequipment that is required

Suitability

Imprex Foam Extinouisher

The general purpose extinguisher deployed at Tesco stores is a6 Litre foam (Imprex)extinguisher. It can be used on solid carbonaceous fires (Class A)·involving fuels such astimber, paper, plastic etc or on flammable liquid fires, such as petrol or cooking oil (Class 8).

A simple formula is used to calculate the minimum number of general purpose (class A) and(class 8) extinguishes that should be provided:

The oross floor area (metres) x 0.065=-Number Class A extinguishers required (rounded up)27* .

(27 being the 'A' rating of the extinguisher)

Larqest volume of spill of flammable liquid Wtres) x 10 = Number of Class 8 extinguishersrequired .

183*

(183 being the '8' rating of the extinguisher)

Carbon Dioxide Extinouisher

These are provided by Tesco stores on fires involving live electric equipment. There is no. guidance on the numbers required, however, due to widespread use of electrical equipment inTesco stores, they are readily available in most areas

Additionally fire blankets are available in cooking areas.

Location

A person should not travel more than 30 metres to reach a suitable fire extinguisher from anypoint within the store. Additional extinguishers (above those needed to achieve an 'A'rating)may need to be provided to meet this requirement, but this is unlikely due to the layout ofmost Tesco stores.

Where possible, extinguishers are located adjacent to fire alarm call points (which in turn areadjacent to fire exits) forming a fire point, where the alarm can be raised and a decision madewhether to attempt to tackle the fire or flee through the e~it. .

31

Allocation of Safety Signs and Notices

Bakery and Bake-off Area FIRE INSTRUCTIONS notice adjacent to breakglass call point (b.g.c.p.)

Boiler Rooms & Boiler Containers KEEP LOCKED SHUTClock Towers FIRE INSTRUCTIONS notice adiacent to b.Q.c.pCoffee Shop FIRE INSTRUCTIONS notice adjacent to b.o.c.pCorridors '.

FIRE INSTRUCTIONS notice adjacent to b.g.C.pKEEP CLEARFIRE DOOR-KEEP CLEAR on both sides of alldoors other than held-open

Customer Service Centre FIRE INSTRUCTIONS notice adjacent telephoneElectrical Intake KEEP LOCKED SHUT notice on external side of-.

doorElectrically" Held Open Fire Doors Linked AUTOMATIC DOOR KEEP CLEAR on openinginto Fire Alarm System Exterior face of doors

EMERGENCY EXIT - PUCH HARD TO OPENon rear of each gateFIRE EXIT sign on outside of all fire doors

Female Cloaks NO SMOKINGGenerator Room! Container KEEP LOCKED SHUT on external side of doorKids Club FIRE INSTRUCTIONS notice adjacent to b.g.c.p

FIRE EXIT - KEEP CLEAR notice on externalside of door

Lift Monitor Room KEEP LOCKED SHUTMale Cloaks NO SMOKINGManaoer's Office FIRE INSTRUCTIONS notice adjacent telephonePlant Room! Containers KEEP LOCKED SHUT on external side of doorRestaurant (kitchen) FIRE INSTRUCTIONS notice adjacent to b.g.c.pRestaurant (Staff) FIRE INSTRUCTIONS notice adjacent to b.g.c.pSales Area FIRE EXIT sign above every fire exit

TO FIRE EXIT sign above doors. to protectedcorridorsPUSH BAR TO OPEN above each set of pushbars

Staff ReceptionFIRE INSTRUCTIONS notice adjacent to b.g.t.pFIRE INSTRUCTIONS notice adjacent telephone

Sprinkler Valve! Pump Room on External SPRINKLER STOP VALVE INSIDESide if DoorEXTERNAL VENTILATION CONTROALSWITCH INSIDE (if appropriate)

Warehouse! Bilk StoreFIRE INSTRUCTIONS notice adjacent to b.g.c.pLoad level notices on lines on wallsFIRE EXIT sion above every fire exit

Petroll Express Petrol Filling StationsAncillairy Area

FIRE INSTRUCTIONS notice adjacent to b.g.c.pKEEP LOCKED SHUT on electrical intakeFIRE EXIT above rear means of escape doorPUSH BAR TO OPEN

Forecourt at tank fill points" at piJmps# Individual tank fill notices with gradesPETROLIUM SPIRIT - HIGHLY FLAMABLE- NOSMOKING .•!#NO MOBLIE PHONES .•

32

ANNEX 2

EMAIL CONFIRMING

CONDITIONS TO BE APPLIED TO THE LICENCE

33

From: LicensingAdmin

To: Rudland, Michelle;

CC:

Subject: FW: New Premises Licence Application for Tesco Express, 248 Oakleigh Road North, Whetstone, London. N20 0BU.

Date: Wednesday, January 12, 2011 4:34:06 PM

Attachments:

Claire Linskey Technical Support Officer Community Protection Group Environment and Operations London Borough of Barnet, North London Business Park, Oakleigh Road South, London N11 1NP Tel: 020 8359 7498 Barnet Online: www.barnet.gov.uk

From: Bartley, Greg [mailto:Greg.Bartley@uk.tesco.com] Sent: 12 January 2011 14:20 To: Emma.J.Gilroy@met.police.uk; Askew, Feri; LicensingAdmin Subject: New Premises Licence Application for Tesco Express, 248 Oakleigh Road North, Whetstone, London. N20 0BU.

To address the Police concerns relating to our Premises Licence application for our proposed store at 248 Oakleigh Road North, Whetstone, London. N20 0B we would like to request the following conditions be added to the licence, if granted.

●

Digital recording colour CCTV comprising of a multi camera system.●

The head unit (recorder) for storing the images will store such data on a hard drive or a similar quality medium.

●

34

If the head unit (recorder) is kept on the premises it must be located in a secure cabinet or other secure area, preferably out of the sight and reach of the public. The unit must be further secured by physical means to prevent anyone from merely picking up and removing the unit, e.g. a secure metal boot, or metal case strap, bolted to an immovable object like a wall or floor.

●

A CD or DVD burner will also form part of the system to facilitate making copies of the images.

●

The quality of the images must be of a sufficiently high standard to allow identification of the subject matter.

●

Cameras will cover key areas identified by the operator and Police. These will include clear headshots of persons entering the shop area, the till area and the main alcohol displayed area.

●

Images must be retained for a period of 31 days before overwriting.●

The images will be made available in reasonable time on demand by the Police and authorized officers of the London Borough of Barnet.

●

Unless exceptional circumstances arise, all times when the premises are open there shall be at least one person who is capable of operating the CCTV system if required to do so by the Police or authorised officers of the London Borough of Barnet.

●

This system will be fully maintained at all times to ensure correct operation. if the CCTV becomes inoperable the Premises Licence holder shall take the appropriate steps to rectify the matter as quickly as possible

Kind regards GregGreg BartleyTesco Licensing Manager greg.bartley@uk.tesco.comMobile 07841602827

From: Emma.J.Gilroy@met.police.uk [mailto:Emma.J.Gilroy@met.police.uk]

35

Sent: 12 January 2011 12:51 To: Team, Licensing Subject: New Premises Licence Application for Tesco Express, 248 Oakleigh Road North, Whetstone, London. N20 0BU. Dear Licensing team.

I have received your premises licence application for Tesco Express, 248 Oakleigh Road North, Whetstone, London. N20 0BU.

I would be grateful for your views on the attached CCTV condition and if these conditions are agreeable to you then no police representations will be submitted.

I look forward to hearing from you,

Emma Gilroy Licensing Assistant Barnet Borough Police

Phone: 0208 733 5261 Metphone: 45261 Fax: 0208 733 5628 E-mail: Emma.Gilroy@met.police.uk

(Not protectively Marked) Please consider the environment - Do you really need to print this email?

<<Suggested Conditions for digital CCTV OFF LICENSES.doc>>

The Metropolitan Police Service is here for London - on the streets and in your community, working with you to make our city safer.

Consider our environment - please do not print this email unless absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to copyright and/or legal privilege and are intended solely for the use of the intended recipient. If you have received this email in error, please notify the sender and delete it from your system. To avoid incurring legal liabilities, you

36

must not distribute or copy the information in this email without the permission of the sender. MPS communication systems are monitored to the extent permitted by law. Consequently, any email and/or attachments may be read by monitoring staff. Only specified personnel are authorised to conclude any binding agreement on behalf of the MPS by email. The MPS accepts no responsibility for unauthorised agreements reached with other employees or agents. The security of this email and any attachments cannot be guaranteed. Email messages are routinely scanned but malicious software infection and corruption of content can still occur during transmission over the Internet. Any views or opinions expressed in this communication are solely those of the author and do not necessarily represent those of the Metropolitan Police Service (MPS). The MPS has a strict staff conduct policy. Any email that causes you concern should be reported via the Contacts section on the official MPS Website at www.met.police.uk

This is a confidential email. Tesco may monitor and record all emails. The views expressed in this email are those of the sender and not Tesco. Tesco Stores Limited Company Number: 519500 Registered in England Registered Office: Tesco House, Delamare Road, Cheshunt, Hertfordshire EN8 9SL VAT Registration Number: GB 220 4302 31

37

ANNEX 3

INTERESTED

PARTY REPRESENTATION

38

From: Rishna Shah

To: Rudland, Michelle;

CC:Subject: Proposed Tesco at 248 Oakleigh Road North - Licence

ApplicationDate: Tuesday, February 01, 2011 4:49:51 PMAttachments:

Dear Michelle, I am writing to you in regards to the license application made by Tesco Stores at 248 Oakleigh Road North,N20. I am writing to you to express my concerns and objections to the proposed application for the following reasons: a) The prevention of crime and disorder In the application submitted by Tesco, they state that “the premises will have digital CCTV system that covers many areas of the shop floor, including the proposed area which will be used for beer and wine…”. There is no mention of monitoring the car park, where previously there has been an issue with groups of young people “hanging out” in the car park and Oakleigh Cresent. There have been several occasions where there has been a group of young people making noise and drinking late at night on the street and car park. This was reported to the Council’s Noise Nuisance Team and the Police. b) The prevention of public nuisance As mentioned above, the concern of having groups of people in the car park using it as a place to socialise is very distressing and inappropriate. There is no reflection in Tesco’s application that they will be taking responsibility for the situations that may occur as they have done previously on this site, as mentioned above. With the limiting powers of the Safer Neighbourhood Teams, Police and Noise Nuisance Team, this concern is incredibly important as an unsuitable venue to socialise with residents being restricted and inadequately supported in tackling this matter. With a potential area for groups of people to congregate, it could promote underage drinking. c) If the application were granted, I believe it would result in an overprovision of premises in the local vicinity that sell alcohol. There are already 3 shops on the opposite side of the road to where Tesco will be that sell alcohol. If you do decide to grant an alcohol license to Tesco, I think it would be fair to grant them the same license that the current businesses in the area operate to. However, in my opinion, it would surely be better not to grant a licence to sell alcohol at all. Alcohol sold by Tesco will most likely be sold at a cheaper price than their competition in the area, which could further promote underage drinking.

39

d) The previous license held by the Rising Sun pub and Sapphire Lounge consecutively had standard days and timings for the sale by retail of alcohol from Monday to Sunday 10:00 to 00:00. I appreciate that Tesco is not a pub but the hours that they are proposing to be able to sell alcohol (Monday to Sunday 06:00 to 23:00) is 3 hours more than what has previously been licensed for this location/premises which should be taken into consideration. On a more personal level, I wish to convey my strong feelings that these proposed opening times infringe on our basic rights to have a certain degree of peace and quiet living in the vicinity of this Tesco Express. As you may be aware, I was in contact with your service last summer when there were issues with the Sapphire Lounge and you were most helpful in that matter. I would be most grateful if you would take into consideration these points of concern and objection to the proposed licensing hours of Tesco. Yours sincerely Rishna Shah, resident of Oakleigh Crescent

40

ANNEX 4

MATTERS FOR DECISION

41

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42

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: H

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Add

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, if

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43