Licensing

Licensing Sub-Committee – 12 January 2026 Part I – Public APPLICATION FOR THE GRANT OF A PREMISES LICENCE: TESCO EXPRESS, 34 STATION ROAD, WEST DRAYTON UB7 7BZ Committee Licensing Sub-Committee Officer Contact Daniel Ferrer, Licensing Officer Papers with report Appendix 1 - Application for the grant of a new Premises Licence with Plans Appendix 2 - Petition (redacted) from lead petitioner Shabnam Asgar Appendix 3 - Map of the area Appendix 4 - Photos (3) Ward name West Drayton 1.0 SUMMARY To consider an application for the grant of a new Premises Licence in respect of Tesco Express, 34 Station Road, West Drayton UB7 7BZ . The Application Form and Plans are appended as Appendix 1 and has attracted a petition of 21 valid signatures from interested parties objecting to the application. There have been no representations received from Ward Councillors or any of the Responsible Authorities. 1.1 RECOMMENDATION The Licensing Sub-Committee has the following options: 1. Grant the application for the premises licence subject to the mandatory conditions and default conditions (pursuant to sections 167 and 168 of the Act) or 2. Grant the application for the premises lice nce subject to the mandatory conditions but excluding specific default conditions and/ or attach additional conditions. 3. Reject the application. 2.0 APPLICATION 2.1 Licensable Activities A new Premises Licence application has been made by Tesco Stores Limited. The application is to authorise the sale of alcohol for consumption off the premises, Monday to Sunday from 06:00 hours to 00:00 hours. In addition, the applicant is proposing the provision of late-night refreshment from Monday to Sunday.23:00 hours to 00:00 hours, indoors. Opening times proposed are Monday to Sunday from 06:00 hours to 00:00 hours. 2.2 Type of Application Applied For New Premises Licence application pursuant to s.17 Licensing Act 2003. 2.3 Description of The Premises Licensing Sub-Committee – 12 January 2026 Part I – Public The premise s is a ground floor unit on the main road, Station Road , close by to other shops including off-licences, convenience stores and food businesses. 2.4 Other Licensed Premises Nearby and Licensable Activity Times Premises Address Licensable Activities and Hours West Drayton Convenience Store 18A Station Road , West Drayton UB7 7BY Sale of Alcohol (Off sales only) – Monday – Sunday 08:00 – 00:00. Ezee 2 Shop 25 Station Road, West Drayton UB7 7BT Sale of Alcohol (Off sales only) – Monday – Sunday 08:00 – 23:00. My Local Store 5 Station Road, West Drayton UB7 7BT Sale of Alcohol (Off sales only) – Monday – Sunday 06:00 – 00:00. HuongViet 45-47 Station Road, West Drayton UB7 7LN Sale of Alcohol (Off sales only) – Monday – Sunday 08:00 – 23:00. Best Food & Wine 61 Station Road, West Drayton UB7 7LR Sale of Alcohol (Off sales only) – Monday – Sunday 08:00 – 00:00. Emporium Food Centre 9-15 Station Road, West Drayton UB7 7BT Sale of Alcohol (Off sales only) – Monday – Sunday 08:00 – 23:00. West Drayton Food & Wine 19 Station Road, West Drayton UB7 7BT Sale of Alcohol (Off sales only) – Monday – Sunday 08:00 – 00:00. 2.5 Operating Schedule and Conditions Section M of the Operating Schedule of the application demonstrates the steps the applicant proposes to take to promote the Licensing Objectives, which are as follows: General 1. Tesco is a large national operator with a range of head office and local support. The company has devised policies, procedures, systems, and training to ensure the responsible sale of alcohol in a responsible manner. 2. There is a detailed programme ensuring that comprehensive training is provided to employees, having regard to their role and responsibilities and such training is regularly reviewed and records kept. Prevention of crime and disorder 3. We have a digital CCTV system that covers the premises, including the main area which will be used for display of alcohol. Images will be retained for 31 days Licensing Sub-Committee – 12 January 2026 Part I – Public 4. A member of the Management Team shall be on the premises the whole time the shop is open. This colleague will have responsibility for the premises and will be the initial point of contact for any issues that may arise. Public Safety 5. The premises licence holder is fully aware of its responsibilities under a range of health and safety related legislation and will have policies and procedures in place to be confident of complying with the relevant obligations which arise. Prevention of public nuisance 6. The company shall have a “good neighbour” ethos which seeks to ensure that the premises plays an active part in the local community. Prevention of children from harm 7. The premises will operate a Think 25 policy. The checkouts will be programmed to prompt the customer assistant when an alcohol product is scanned at the checkout to follow the Think 25 policy. 8. All colleagues will receive training in relation to the underlying law and Tesc o policy, systems, and procedures. The training will be documented, and refresher training will be provided on a regular basis. 3.0 CONSULTATION 3.1 Closing date for representations 11th December 2025. 3.2 Public Notice published in local newspaper 19th November 2025 – The London Gazette. 4.0 REPRESENTATIONS 4.1 The Licensing Team received a petition with 21 valid signatures from the lead petitioner, Shabnam Asgar. The redacted petition is appended as Appendix 2. 4.2 The lead petitioner, Shabnam Asgar is the current premises licence holder and Designated Premises Supervisor of the premises, ‘West Drayton Convenience Store’, at 18A Station Road, West Drayton UB7 7BY. 4.3 No Members’ Enquiries have been received by the Licensing Service for this premises. No complaints have been received by the Licensing Service regarding this premises. There have been no representations received from any of the Responsible Authorities. 5.0 BACKGROUND INFORMATION 5.1 Designated Premises Supervisor Licensing Sub-Committee – 12 January 2026 Part I – Public The proposed Designated Premises Supervisor is Steven Nicholas Andrzejuk, who currently holds a Personal Licence with North Herts District Council. A Map of the area is attached as Appendices 3. 6.0 OFFICER'S OBSERVATIONS 6.1 The reference to the Licensing Objectives from Shabnam Asgar’s petition can be found at the top of the pages of the petition, where it states; “We undersigned object to this proposal on the following grounds: 1. The station road area has a very rate of street drinkers, this will only add and make matters worse for everyone including the police, environmental and licensing. 2. An off licence may attract customers who may cause trouble and increase the issues surrounding the, there are 7 off licence premises within 0.2 miles and approximately 5 min walk, 3. With the increasing anti-social behaviour this will only add to the problems…” 6.2 The premises was previously a Lloyds bank and is located on the corner of Station Road and Ferrers Avenue. 6.3 In relation to the petition, there were 21 valid signatures that met the requirements of paragraph 17.16 to 17.18 of the Licensing Authority’s Statement of Licensing Policy. Out of the 21 signatures, 20 were from the West Drayton area and 1 was from Hayes. It should be noted that the original petition received contained 127 signatures. However, 106 of these were not included because they did meet the petition requirements set out in the Policy. 6.4 Photographs have been provided by the applicant . Appendix 4(a)(b) and (c) are three photographs of the exterior of the premises. 7.0 RELEVANT SECTIONS OF S.182 GUIDANCE 7.1 Determining actions that are appropriate for the promotion of the licensing objectives At paragraph 9.42 it states that "Licensing authorities are best placed to determine what actions are appropriate for the promotion of the licensing objectives in thei r areas. All licensing determinations should be considered on a case-by-case basis. They should take into account any representations or objections that have been received from responsible authorities or other persons, and representations made by the applicant or premises user as the case may be". At paragraph 9.43 it states that "The authority’s determination should be evidence -based, justified as being appropriate for the promotion of the licensing objectives and proportionate to what it is intended to achieve". At paragraph 9.44 it states that "Determination of whether an action or step is appropriate for the promotion of the licensing objectives requires an assessment of what action or step would be suitable to achieve that end. While this does not therefore require a licensing authority to decide that no lesser step will achieve the aim, the authority should aim to consider the potential burden that the condition would impose on the premises licence holder (such as the financial burden due to restrictions on licensable activities) as well as the potential benefit in terms of the promotion of the licensing objectives. Licensing Sub-Committee – 12 January 2026 Part I – Public However, the Revised Guidance issued under section 182 of the Licensing Act 2003 informs that it is imperative that the authority ensures that the factors which form the basis of its determination are limited to consideration of the promotion of the objectives and nothing outside those parameters. As with the consideration of licence variations, the licensing authority should consider wider issues such as other conditions already in place to mitigate potential negative impact on the promotion of the licensing objectives and the track record of the business. Further advice on determining what is appropriate when imposing conditions on a licence or certificate is provided in Chapter 10. The licensing authority is expected to come to its determination based on an assessment of the evidence on both the risks and benefits either for or against making the determination". 7.2 Proportionality At paragraph 10.2 it states, “Conditions include any limitations or restrictions attached to a licence or certificate and essentially are the steps or actions that the holder of the premises licence or the club premises certificate will be required to take or refrain from taking in relation to the carrying on of licensable activities at the premises in question. Failure to comply with any condition attached to a licence or certificate is a criminal offence, which on conviction is punishable by an unlimited fine or up to s ix months’ imprisonment. The courts have made clear that it is particularly important that conditions which are imprecise or difficult for a licence holder to observe should be avoided.” At paragraph 10.8 it states, “The licensing authority may not impose any conditions unless its discretion has been exercised following receipt of relevant representations and it is satisfied as a result of a hearing (unless all parties agree a hearing is not necessary) that it is appropriate to impose conditions to promote one or more of the four licensing objectives. In order to promote the crime prevention licensing objective conditions may be included that are aimed at preventing illegal working in licensed premises. This provision also applies to minor variations.” At paragraph 10.10 it states that "The 2003 Act requires that licensing conditions should be tailored to the size, type, location and characteristics and activities taking place at the premises concerned. Conditions should be determined on a case -by-case ba sis and standardised conditions which ignore these individual aspects should be avoided. For example, conditions should not be used to implement a general policy in a given area such as the use of CCTV, polycarbonate drinking vessels or identity scanners where they would not be appropriate to the specific premises. Conditions that are considered appropriate for the prevention of illegal working in premises licensed to sell alcohol or late-night refreshment might include requiring a premises licence holder to undertake right to work checks on all staff employed at the licensed premises or requiring that a copy of any document checked as part of a right to work check is retained at the licensed premises. Licensing authorities and other responsible authorities should be alive to the indirect costs that can arise because of conditions. These could be a deterrent to holding events that are valuable to the community or for the funding of good and important causes. Licensing authorities should therefore ensure t hat any conditions they impose are only those which are appropriate for the promotion of the licensing objectives". 7.3 Hours of Trading Licensing Sub-Committee – 12 January 2026 Part I – Public At paragraph 10.13 it states "The Government acknowledges that different licensing strategies may be appropriate for the promotion of the licensing objectives in different areas. The 2003 Act gives the licensing authority power to make decisions about the hours during which premises can conduct licensable activities as part of the implementation of its licensing policy statement. Licensing authorities are best placed to make decisions about appropriate opening hours in their areas based on their local knowledge and in consultation with responsible authorities. However, licensing authorities must always consider each application and must not impose predetermined licensed opening hours, without giving individual consideration to the merits of each application" At paragraph 10.15 Shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours. 7.4 Licensing Hours At paragraph 14.51 With regard to licensing hours, the Government acknowledges that different licensing approaches may be appropriate for the promotion of the licensing objectives in different areas. The 2003 Act gives the licensing authority power to make decisions regardi ng licensed opening hours as part of the implementation of its licensing policy statement and licensing authorities are best placed to make such decisions based on their local knowledge and in consultation with other responsible authorities. However, licen sing authorities must always consider each application and must not impose predetermined licensed opening hours, without giving individual consideration to the merits of each application. At paragraph 14.52 Statements of licensing policy should set out th e licensing authority’s approach regarding licensed opening hours and the strategy it considers appropriate for the promotion of the licensing objectives in its area. The statement of licensing policy should emphasise the consideration which will be given to the individual merits of an application. The Government recognises that licensed premises make an important contribution to our local communities and has given councils a range of tools to effectively manage the different pressures that licensed premises can bring. In determining appropriate strategies around licensed opening hours, licensing authorities cannot seek to restrict the activities of licensed premises where it is not appropriate for the promotion of the licensing objectives to do so. 7.5 The Need for Licensed Premises At paragraph 14.19 There can be confusion about the difference between the “need” for premises and the “cumulative impact” of premises on the licensing objectives, for example, on crime and disorder. “Need” concerns the commercial demand for another pub or restaurant or hotel and is a matter for the planning authority and for the market. This is not a matter for a licensing authority in discharging its licensing functions or for its statement of licensing policy. At paragraph 1.18 When making licensing decisions, all licensing authorities should consider the need to promote growth and deliver economic benefits. 8.0 RELEVANT SECTIONS OF HILLINGDON’S LICENSING POLICY 8.1 Licensing Objectives – The Prevention of Crime and Disorder At paragraph 10.1 Licensed premises, especially those offering late night/early morning entertainment, alcohol and refreshment, can be a source of crime and disorder. The Licensing Licensing Sub-Committee – 12 January 2026 Part I – Public Authority will expect operating schedules to satisfactorily address these issues from the des ign of the premises through to the daily operation of the business. Applicants are recommended to seek advice from the Police Licensing Officer and Licensing Authority Officers prior to making any application as early advice can alleviate representations b eing made once an application is submitted. Full contact details for both are contained within the Responsible Authorities contact in appendix B. At paragraph 10.3 Where a number of premises may be in close proximity it may be difficult to attribute the disorder to patrons of particular premises, however there is a duty on Premises Licence Holders or Club Management Committees to act responsibly to ensure their own customers do not contribute to crime and disorder whilst in their premises and in the vicin ity of their premises. At paragraph 10.6 Applications referred to the Licensing Sub -Committee where relevant representations have been received will be determined on the individual merit of each case. The Licensing Sub -Committee has the power to impose specific conditions when considered appropriate in respect of the Crime and Disorder objective. 8.2 Licensing Objectives – Public Safety At paragraph 11.5 Applications referred to the Licensing Sub -Committee will be determined on the individual merit of each case. The Licensing Sub -Committee have the power to impose specific conditions when considered necessary in respect of the Public Safety objective. 8.3 Licensing Objectives – The Prevention of Public Nuisance At paragraph 12.1 Licensing Sub Committees will be mindful that licensed premises, especially those operating late at night and in the early hours of the morning, can cause a range of nuisances impacting on people living, working or sleeping in the vicinity of the premises. When addressing public nuisance the applicant should identify any particular issues that are likely to affect adversely the promotion of the licensing objective to prevent public nuisance. They should then include in the operating schedule how they will deal with those matters. The concerns mainly relate to noise nuisance from within the premises or from the use of any outside areas, light pollution, smoke and noxious smells. This may also include patrons outside a premises and the dispersal of customers. Due regard will be giv en to the impact these may have and the Licensing Authority will expect operating schedules to satisfactorily address these issues. 8.4 Licensing Hours At paragraph 25.1 Prior to the introduction of the Licensing Act 2003, it was believed that fixed and artificially early closing times (established under the Licensing Act 1964) were one of the key causes of rapid binge drinking prior to closing times and one of the causes of disorder and disturbance when large number of customers were required to leave the premises simultaneously. At paragraph 25.2 The aim through promotion of the licensing objectives should be to reduce the potential for concentrations and achieve a slower dispersal of people from licensed premises through flexible opening times. At paragraph 25.3 Arbitrary restrictions that woul d undermine the principle of flexibility will therefore be avoided. The four licensing objectives will be paramount at all times and the Council will always consider the individual merits of each case. Licensing Sub-Committee – 12 January 2026 Part I – Public At paragraph 25.4 In accordance with guidance there is no fixed restriction on terminal hours for any particular areas of the borough. Such a restriction could cause the migration of patrons from one area to another and create the circumstances that the legislation is attempting to avoid. Each application wi ll be dealt with on its merits. It is for the applicants to detail in their Operating Schedule exactly what times they intend to open and close the premises and what measures they will take to ensure that they do not cause nuisance or disturbance to their neighbours in the vicinity. The later the terminal hour applied for, the greater will be the need to address the issues of disturbance and nuisance. At paragraph 25.5 Shops, stores and supermarkets licensed to sell alcohol will normally be allowed to do so for the full duration of their trading hours. Restrictions may be applied, for example where representations are made indicating the particular premises or patrons o f the premises are linked to disorder and or disturbance. 8.5 Licence Conditions At paragraph 20.1 Conditions on premises licences and club certificates are determined by:  The measures put forward on the Operating Schedule  Mandatory conditions within the Act (current list included as Appendix G)  Measures decided at a hearing by the Licensing Sub Committee At paragraph 20.2 Conditions attached to licences by the Licensing Authority that have been proposed by the applicant in their operating schedule should be consistent with the steps set out in the operating schedule. This means that the effect of these conditions should be substantially the same as that intended by the terms of the operating schedule. At paragraph 20.3 Any conditions attached to licences following relevant representations will focus on matters within the control of the Premises Licence Holder or Club Management Committees. They will address matters which have a direct impact on those living, working or engaged in normal activities in the vicinity, as well as patrons of the licensed premises. They will not be used as a means of attempting to attach responsibility to Premises Licence Holders or Club Management Committees for matters outside their reasonable control, such as anti-social behaviour once away from the premises or licensable activity. Conditions imposed by the Licensing Authority shall be appropriate, reasonable, and proportionate and should be determined on a case-by-case basis. At paragraph 20.4 The Licensing Authority will not impose standard conditions upon every licence issued, however it may have regard to model conditions produced by the Government and/or the Institute of Licensing and it may choose to impose these in appropriate circumstances. 8.6 Petitions At paragraph 17.16 Petitions may be submitted as (or as part of) a representation but may not be as informative as individual correspondence and as such may be given less weight when considered by a Licensing Sub-Committee. At paragraph 17.17 Petitions will only be accepted if on each sheet it clearly shows: • The name and address of the application site, • Reasons for the representation, and • Which of the four Licensing Objectives are relevant. Licensing Sub-Committee – 12 January 2026 Part I – Public At paragraph 17.18 Each petitioner must give their name, full address including post code. 9.0 LEGAL CONSIDERATIONS 9.1 When considering an application for a grant of a new Premises Licence, the Sub - Committee shall carry out its functions with a view to taking steps it considers appropriate for promoting the licensing objectives. The licensing objectives are:  Prevention of crime and disorder  Public Safety  Prevention of public nuisance  Protection of children from harm 9.2 Members should note that each objective is of equal importance. There are no other licencing objectives and the four objectives are paramount considerations at all times. 9.3 An application for a new premises licence may be made pursuant to s.16 and s.17 of the Act, and with regard to the Licensing Act 2003 (P remises licences and club premises certificates) Regulations 2005/42 and the licensing Act 2003 (Fees) Regulations 2005/79. 9.4 The Sub-Committee must ensure that all licensing decisions:  Have a direct relationship to the promotion of one or more of the four licensing objectives  Have regard to the Council's statement of licensing policy  Have regard to the Secretary of State guidance  Must not be subject to a blanket policy to the extent that it is applied so rigidly that an exercise of discretion in each individual case is precluded 9.5 Where relevant representations are made, the Licensing Authority must hold a hearing to determine the application, unless all are agreed that such a hearing is unnecessary s.18(3)(a) Licencing Act 2003. 9.6 Relevant representations are those that relate to the effect of the granting of the application on the promotion of the licensing objectives made by an interested party or responsible authority that have not been withdrawn and are not, in the opinion of the relevant licencing authority, frivolous or vexatious s.18(7) Licensing Act 2003. 9.7 The Sub-Committee can only consider matters within the application that have been raised through representations from interested parties and responsible authorities. Interested parties must live within the vicinity of the premises. All applications will be decided on a case-by-case basis. 9.8 Following a hearing, the Sub -Committee must consider all relevant representations, and having taken into account the promotion of the licensing objectives, under s.18(3(b) and (4) Licensing Act 2003, a decision can be taken:- i. To grant the licence, subject to the mandatory conditions and conditions consistent with the operating schedule; ii. To impose additional relevant conditions to such an extent as is conside red necessary for the promotion of the licensing objectives; iii. To exclude any of the licensable activities to which the application relates; iv. To amend the times for all or some of the licensable activities; v. To refuse to specify a person in the licence as the premises supervisor; Licensing Sub-Committee – 12 January 2026 Part I – Public vi. To reject the application. 9.9 Conditions will not be necessary if they duplicate a current statutory requirement. The licencing Authority may therefore only impose such conditions that are necessary to promote the licensing objectives arising out of the consideration of the representations. 9.10 If the Sub-Committee determines that it is necessary to modify the conditions, or to refuse the application for a Premises Licence application, it must give reasons for its decision. 9.11 The Council in its capacity as Licensing Authority has a duty to have regard to its public sector equality duty under s.149 of the Equality Act 2010. In summary s.149 provides that a Public Authority must, in the exercise of its functions, have due regard to the need to: i. Eliminate discrimination harassment, victimisation and any other conduct that is prohibited by or under this Act; ii. Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and iii. Foster good relations between persons who share relevant protected characteristics and persons who do not. 9.12 Section 149(7) of the Equality Act 2010 defines nine relevant protected characteristics these are: i. age ii. gender reassignment iii. being married or in a civil partnership iv. being pregnant or on maternity leave v. disability vi. race including colour, nationality, ethnic or national origin vii. religion or belief viii. sex ix. sexual orientation 9.13 Officers have provided the Sub -Committee with recommendations related to this application. Subject to the above-mentioned factors having been properly considered, the Sub-Committee may depart from the recommendations if there are good reasons for doing so. The Sub-Committee is advised that such departures could give rise to an appeal or judicial review. 9.14 Interested parties, Responsible Authorities and the Applicant have the right to appeal the decision of the Licensing Sub -Committee to the Magistrates’ Court within a period of 21 days beginning with the day on which the applicant was notified by the Licensing Authority of the decision to be appealed against.