Councillors in Wealden set to hear supermarket’s licence bid

A supermarket chain’s bid to secure a licence for a new store in Hailsham is due to go in front of Wealden councillors.

On Monday (February 9), a Wealden District Council licensing panel is due to consider an application connected with a Tesco Express store, which is set to be built on a vacant plot of land at the junction of Trefoil Road and Amberstone.

The application seeks a premises licence which would allow the store to sell alcohol between 6am and midnight, seven days a week. It would also allow for the sale of ‘late night refreshments’ — hot food or hot drinks sold after 11pm — until midnight.

The hearing has been called as a result of objections from seven local residents who argue these licensed activities would result in public nuisance.

In their representations, the objectors have called on the council to impose  conditions, including limits on when deliveries can take place and when the store can sell alcohol.

The store’s current planning permission already carries a condition controlling when goods deliveries can take place and another limiting opening hours to between 7am and 11pm each day.

Officers note how these planning restrictions would apply, even if a licence covering a longer period of time is granted.

In a report to the committee, a council licensing spokesman said: “Licensing committees are not bound by decisions made by a planning committee, and vice versa.

“There are circumstances when, as a condition of planning permission, a terminal hour has been set for the use of premises for commercial purposes. Where these hours are different to the licensing hours, the applicant must observe the earlier closing time.

“Premises operating in breach of their planning permission may be subject to enforcement action by the planning enforcement department and potential prosecution.”

Officers said some of the objections raised by residents — specifically concerns around parking and traffic — refer to planning matters, which would not be “relevant” to the committee’s licensing decision.

Tesco does currently have an active planning application linked to the proposed store. This application is linked to a condition, which requires a developer to provide details of how they would “mitigate” any noise disturbances linked to any plant or machinery.

The application does not seek to remove the conditions controlling deliveries or limiting opening hours to between 7am and 11pm.

This means the supermarket chain would need to seek further planning permission in order to operate the hours set out within the licence application, even if it were to be approved by the committee without modification.

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