New Forest Borough Council
Councillors:
48
Wards:
28
Committees:
14
Meetings (2026):
62
Meetings (2025):
80
Meeting
Licensing Sub-Committee - New Forest
Meeting Times
Scheduled Time
Start:
Friday, 22nd May 2026
10:00 AM
Friday, 22nd May 2026
10:00 AM
End:
Friday, 22nd May 2026
2:00 PM
Friday, 22nd May 2026
2:00 PM
Meeting Status
Status:
Confirmed
Confirmed
Date:
22 May 2026
22 May 2026
Location:
Council Chamber - Appletree Court, Beaulieu Road, Lyndhurst, SO43 7PA
Council Chamber - Appletree Court, Beaulieu Road, Lyndhurst, SO43 7PA
Meeting Attendees
Officer
Service Manager - Environment and Regulation
Joanne McClay
In attendance
Officer
Solicitor
Richard Davies
In attendance
Officer
Licensing Compliance Officer
Peter Donelan
In attendance
Officer
Strategic Director Housing and Communities
Sophie Sajic
Strategic Director Housing and Communities
Expected
Officer
Democratic Services Officer
Andy Rogers
In attendance
Agenda
1
Election of Chairman
To elect a Chairman for the meeting.
Minutes
Cllr Tungate was elected Chairman for the meeting.
2
Declarations of Interest
To note any declarations of interest made by members in connection with an agenda item. The nature of the interest must also be specified.
Minutes
There were no declarations of interest.
3
Application for a Premises Licence for Tesco Express, Milford-on-Sea.
To determine an application for a premises licence for Tesco Express, Milford-on-Sea.
Attachments:
- Document Report 07 May 2026
- Document Appendix 1 07 May 2026
- Document Appendix 2 07 May 2026
- Document Appendix 3 07 May 2026
- Document Appendix 4 07 May 2026
- Document Appendix 5 07 May 2026
Minutes
The purpose of the hearing was to determine an application for a premises licence under section 17 of the Licensing Act 2003 in respect of Tesco Express, Milford on Sea.
In accordance with section 18 of the Licensing Act, where relevant representations had been made to the Licensing Authority in response to a premises licence application, the Licensing Authority must hold a hearing to consider them.
At the outset of the hearing, the Sub-Committee noted that all objectors were absent.
Objectors
The Parties who had indicated that they would not be attending:
Pamela Radford (Objector)
The Parties who had not indicated whether they would be attending:
Mark Scobie and Milford Parish Council
After considering whether it was necessary in the public interest to adjourn or to hold the hearing in the absence of those parties, the Sub Committee decided to proceed in their absence, whilst taking into consideration their written representations in reaching its decision
At the hearing, the Sub-Committee considered the application along with the evidence, both supplied by the Applicant and those who had made relevant representations.
In reaching its decision, the Sub Committee has had regard to:
• The Home Office Guidance issued under section 182 of the Licensing Act 2003,
• The Council's own Statement of Licensing Policy.
• The steps that are appropriate to promote the licensing objectives
• Relevant Representations presented by all parties.
The Sub-Committee considered what action, if any, was appropriate for the promotion of the four licensing objectives namely,
· The prevention of crime and disorder;
· Public safety;
· The prevention of public nuisance; and
· The protection of children from harm.
NFDC’s Planning Authority had granted planning permission for the store on 16 April 2025 and it was being constructed at the time of the hearing.
However, the condition placed on the planning permission at 15. stated “No activity shall take place on the site in connection with the approved ground floor use other than between the hours of 0600 and 2300.”
The Licensing Application sought the following activities:
The sale of alcohol for consumption off the premises (off sales)
Monday to Sunday 06:00 hrs to 00:00 hrs
Late night refreshment (sale of hot food or drinks)
Monday to Sunday 23:00 hrs to 00:00 hrs
Opening times of the premises
Monday to Sunday 06:00 hrs to 00:00 hrs
The Chairman understood that immediately prior to the hearing, the Applicant had indicated their wish to amend their application so that all the above activities ceased at 23:00 rather than 00:00hrs. This was confirmed by the Applicant in the hearing.
The Sub-Committee noted that all Responsible Authorities were consulted and provided with the application and full plan. They included NFDC planning, NPA development control, Hampshire Police and NFDC Environmental Health.
The Police Licensing Officer had requested conditions as set out in the Licensing Manager’s report, which were agreed by the Applicant. These covered requirements on Challenge 25, CCTV, Training and an Incident Record.
Written representations had been received objecting to the proposed operating hours. The Parish Council had objected suggesting that the application should be granted but to reflect the opening hours of other stores in Milford and Pennington, both with a closing time of 23:00pm.
The other two objections referred to the proposed opening hours, pointing out that the store would be surrounded by residential properties and had raised fears over potential late-night noise and disturbance, and claimed that Condition 15 of the planning permission, limiting the closure hour to 23.00pm, had been included for this reason.
Decision:
The application is GRANTED on the terms and conditions set out in the Licensing Manager’s report including the conditions required by the Police and accepted by the Applicant, subject to an amendment to the effect that all activities applied for cease at 23:00 rather than 00:00hrs.
Reason:
The Sub-Committee was mindful that there was a legal presumption in favour of granting an application unless there was evidence which undermined the promotion of the licensing objectives.
The Sub-Committee noted that the store was still being constructed and had yet to open, therefore there was no record of verifiable evidence or sufficient cause to prevent the Sub-Committee granting of the application, subject to the conditions.
Should there be any concerns in the future regarding operation of the premises, the Licensing Act 2003 provides a statutory mechanism for any person to call the premises licence in for review.
Date: 28 May 2026
Licensing Sub-Committee Chairman: Cllr N Tungate
FOR OFFICE USE ONLY
Decision notified to interested parties on 28 May2026
In accordance with section 18 of the Licensing Act, where relevant representations had been made to the Licensing Authority in response to a premises licence application, the Licensing Authority must hold a hearing to consider them.
At the outset of the hearing, the Sub-Committee noted that all objectors were absent.
Objectors
The Parties who had indicated that they would not be attending:
Pamela Radford (Objector)
The Parties who had not indicated whether they would be attending:
Mark Scobie and Milford Parish Council
After considering whether it was necessary in the public interest to adjourn or to hold the hearing in the absence of those parties, the Sub Committee decided to proceed in their absence, whilst taking into consideration their written representations in reaching its decision
At the hearing, the Sub-Committee considered the application along with the evidence, both supplied by the Applicant and those who had made relevant representations.
In reaching its decision, the Sub Committee has had regard to:
• The Home Office Guidance issued under section 182 of the Licensing Act 2003,
• The Council's own Statement of Licensing Policy.
• The steps that are appropriate to promote the licensing objectives
• Relevant Representations presented by all parties.
The Sub-Committee considered what action, if any, was appropriate for the promotion of the four licensing objectives namely,
· The prevention of crime and disorder;
· Public safety;
· The prevention of public nuisance; and
· The protection of children from harm.
NFDC’s Planning Authority had granted planning permission for the store on 16 April 2025 and it was being constructed at the time of the hearing.
However, the condition placed on the planning permission at 15. stated “No activity shall take place on the site in connection with the approved ground floor use other than between the hours of 0600 and 2300.”
The Licensing Application sought the following activities:
The sale of alcohol for consumption off the premises (off sales)
Monday to Sunday 06:00 hrs to 00:00 hrs
Late night refreshment (sale of hot food or drinks)
Monday to Sunday 23:00 hrs to 00:00 hrs
Opening times of the premises
Monday to Sunday 06:00 hrs to 00:00 hrs
The Chairman understood that immediately prior to the hearing, the Applicant had indicated their wish to amend their application so that all the above activities ceased at 23:00 rather than 00:00hrs. This was confirmed by the Applicant in the hearing.
The Sub-Committee noted that all Responsible Authorities were consulted and provided with the application and full plan. They included NFDC planning, NPA development control, Hampshire Police and NFDC Environmental Health.
The Police Licensing Officer had requested conditions as set out in the Licensing Manager’s report, which were agreed by the Applicant. These covered requirements on Challenge 25, CCTV, Training and an Incident Record.
Written representations had been received objecting to the proposed operating hours. The Parish Council had objected suggesting that the application should be granted but to reflect the opening hours of other stores in Milford and Pennington, both with a closing time of 23:00pm.
The other two objections referred to the proposed opening hours, pointing out that the store would be surrounded by residential properties and had raised fears over potential late-night noise and disturbance, and claimed that Condition 15 of the planning permission, limiting the closure hour to 23.00pm, had been included for this reason.
Decision:
The application is GRANTED on the terms and conditions set out in the Licensing Manager’s report including the conditions required by the Police and accepted by the Applicant, subject to an amendment to the effect that all activities applied for cease at 23:00 rather than 00:00hrs.
Reason:
The Sub-Committee was mindful that there was a legal presumption in favour of granting an application unless there was evidence which undermined the promotion of the licensing objectives.
The Sub-Committee noted that the store was still being constructed and had yet to open, therefore there was no record of verifiable evidence or sufficient cause to prevent the Sub-Committee granting of the application, subject to the conditions.
Should there be any concerns in the future regarding operation of the premises, the Licensing Act 2003 provides a statutory mechanism for any person to call the premises licence in for review.
Date: 28 May 2026
Licensing Sub-Committee Chairman: Cllr N Tungate
FOR OFFICE USE ONLY
Decision notified to interested parties on 28 May2026
Previous Meetings
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