Agenda Item No: 3

Wolverhampton City Council OPEN DECISION ITEM

Committee / Panel LICENSING SUB-COMMITTEE Date

Originating Service Group(s) REGENERATION & ENVIRONMENT

Contact Officer(s)/ J COX Telephone Number(s) 6037

Title/Subject Matter LICENSING ACT 2003 APPLICATION FOR A PREMISES LICENCE IN RESPECT OF LIDL UK GmbH, FINCHFIELD HILL, FINCHFIELD, , WV3 9EN

Recommendation

Members are requested to consider this application for a Premises Licence.

Lidl.doc APPLICATION FOR A PREMISES LICENCE IN RESPECT OF LIDL UK GmbH, FINCHFIELD HILL, FINCHFIELD, WOLVERHAMPTON, WV3 9EN

1.0 Purpose of Report

1.1 To submit for consideration by the Sub-Committee an application for a Premises Licence.

2.0 Background

2.1 An application has been received from Lidl UK GmbH the Premises Licence Holders for a Premises Licence in respect of Lidl, Finchfield Hill, Finchfield, Wolverhampton, WV3 9EN. A copy of the application is attached at Appendix 1. The premises are in the Tettenhall Wightwick Ward and a location plan is attached at Appendix 2.

2.2 The application is in respect of the supply of alcohol off the premises.

2.3 The precise details of what has been applied for can be found within the operating schedule of the application (Appendix 1 at pages 17 and 18).

2.4 However, for Members’ convenience the proposed licensable activities are detailed below:-

Licensable Activities Proposed

Sale of Alcohol by Retail for Mon - Sat 0800 - 2300 Consumption off the Premises Sun 0900 - 1800

Opening Hours Mon - Sat 0800 - 2300 Sun 0900 - 1800

2.5 The responsible authorities comprising the Police, Fire, Environmental Services, Planning Department, Trading Standards and Social Services have been consulted on this application.

2.6 No relevant representations have been received from the Police, Environmental Services, Social Services, Trading Standards, Planning Department or any interested parties, namely persons in the vicinity of the premises.

2.7 Fire Service have made relevant representations and are objecting to this application on grounds of public safety. A copy of their letter is attached at Appendix 3.

2.8 The applicant and an officer from West Midlands Fire Service have been invited to attend the hearing.

3.0 Local Authority’s Powers

3.1 All applications shall be determined in accordance with the four licensing objectives namely:

• The prevention of crime and disorder; • Public safety;

Lidl.doc

• The prevention of public nuisance; • The protection of children from harm.

Regard shall be had to guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003 and Wolverhampton City Council’s Licensing Policy Statement.

4.0 Human Rights Implications

4.1 This report has human rights implications for both the applicants and the residents from the local neighbourhood. Refusal of a licence may have financial implications for a licensee’s business and livelihood whereas granting a licence may have impact upon the day to day lives of residents living in close proximity to the premises and the safety of those employed at the premises and attending them.

4.2 Article 8(i) of the European Convention of Human Rights provides that everyone has the right to respect for his/her private and family life and his/her home (which includes business premises). This right may be interfered with by the Council on a number of grounds including the protection of rights and freedoms of others. The First Protocol – Article 1 – also provides that every person is entitled to the peaceful enjoyment of his possessions and shall not be deprived of his possessions except in the public interest and conditions provided for by law. Members must accordingly make a decision which is proportionate to the hearing and endeavour to find a balance between the rights of the applicant, residents and the community as a whole.

5.0 Financial Implications

5.1 A fee of £315 is made for the administration and issuing of this application for a Premises Licence.

6.0 Equalities Implications

6.1 This report does not have any equality implications.

7.0 Environmental Implications

7.1 This report has environmental implications in that there is a potential for disturbance caused by patrons leaving the premises.

Lidl.doc