Licence Application new premises- building work not started
Licence Application new premises- building work not started
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twokcc

Original Poster:

1,024 posts

203 months

Monday 29th May 2017
quotequote all
Tesco Express agents applied for a licence for new premises for which planning permission has not been granted.

The planning application was made in 2015 and although shown as active, planning officer advise that they still await response re site ownership and noise reduction issues.
The new build premises is attached to an existing pub which already has a licence in its own right.
Lots of local objections to application

Looked at licensing requirements and as a layman looks as if a lot of the requirements could not be met until actual property has been constructed and signed off.

Anyone knowledge why you would make an application before(if) planning granted and if any grounds for making an objection to granting of licence.



21TonyK

13,124 posts

235 months

Monday 29th May 2017
quotequote all
This might be better in SP&L but based on being involved with two licensing applications and associated objections I can only assume the objection is to the new Tesco Express, not the fact it will be licensed.

On the basis the license will be for off-sales only any objections would be difficult to substantiate and probably ignored.

twokcc

Original Poster:

1,024 posts

203 months

Monday 29th May 2017
quotequote all
21TonyK said:
This might be better in SP&L but based on being involved with two licensing applications and associated objections I can only assume the objection is to the new Tesco Express, not the fact it will be licensed.

On the basis the license will be for off-sales only any objections would be difficult to substantiate and probably ignored.
Thanks for response
Did wonder about putting in SP&L but considered that was to cover motoring law-although many none motoring law posts included
Yes objections are against Tesco Express planning application which includes for off-sales.
Looking at local authorities licencing policy guidelines(70 pages long) it mentions Health and safety at work provisions,Fire safety certificates, gas certificates,risk assessments and policy documents. Are this available for a property that hasnt' been built?
Looking at application asks for start date for licence- obviously without planning permission has to be a guess
Designated premise supervisor, can this be agent, never looked at actual licence details posted outside any supermarket.

Not having any knowledge of these matters it seems illogical to apply for a licence for a non existing building- however Tesco's been very successful at converting struggling pubs to Tesco Express as difficult for local authorities to refuse permission for basically a change of use rather than a completely new planning application Express store.

Any thoughts on why they would want to apply for licence now?
.


21TonyK

13,124 posts

235 months

Monday 29th May 2017
quotequote all
I can guarantee Tescos have been through this process 100's of times and have it nailed down. All of the requirements are pretty generic and not building specific or can be done from plans. Example, fire certificates, these haven't existed for many years. Its now a site specific fire risk assessment which can be from plan and generic procedures.

A DPS can be anyone who holds a license. One site I ran had a DPS 300 miles away while I was getting my personal license.

As said, the organisation I worked for was successful in gaining a premises licence with a few conditions faced by 3 extraordinarily wealthy neighbours who opposed it and employed various consultants and barristers.

If you have a real, justified objection to Tescos opening in your locality you need to have a very co-ordinated and planned campaign.

You might remember the town that kept Costa out? wink

Yabu

2,099 posts

227 months

Tuesday 30th May 2017
quotequote all
21TonyK said:
This might be better in SP&L but based on being involved with two licensing applications and associated objections I can only assume the objection is to the new Tesco Express, not the fact it will be licensed.

On the basis the license will be for off-sales only any objections would be difficult to substantiate and probably ignored.
Probably better in homes garden and diy, property developer types,( Blueg33 )are there and more aware of planning nuances/ how to object, etc



Edited by Yabu on Tuesday 30th May 20:11

Alex L

2,591 posts

280 months

Wednesday 31st May 2017
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twokcc said:
however Tesco's been very successful at converting struggling pubs to Tesco Express as difficult for local authorities to refuse permission for basically a change of use rather than a completely new planning application Express store.
Not in recent years since the change to the Use Classes Order, it used to be pretty straight forward to convert a pub without consent - hence the number of Tesco/McDonald's in converted pubs. Technically you can change from A4 (pub) to A1 (retail) but it's not straight forward, going from A4 to A5 (hot food takeaway) requires planning consent.

Local authorities are pretty against the loss of pubs. Lots of pubs are being listed as Assets of Community Value which doesn't do a great deal, other than slow down the likes of Tesco.

I now won't touch a pub as it's a guaranteed planning appeal with no guarantee of success.

Edited by Alex L on Wednesday 31st May 16:26