Tesco's Avenue Parade licence was granted despite 23 objections: alcohol 6am to 11pm, doors open to midnight. Objectors have 21 days to appeal to magistrates.
Tesco has been granted a premises licence for 6-7 Avenue Parade, Sunbury-on-Thames, the shop now trading as Budgens. It can sell alcohol from 6am to 11pm every day and open from 6am to midnight.
Spelthorne Borough Council’s Licensing Sub-Committee made the decision on Wednesday 16 September. It took effect the same day.
Twenty-three residents had objected. The sub-committee did not cut the hours or add any conditions beyond those Tesco had already agreed with the council’s licensing team. That is set out in the minutes and decision notice, which the council published the same day.
We previewed the hearing on Sunday.
What was decided
- Licence granted, with effect from 16 September 2026.
- Sale of alcohol: 06.00 to 23.00, Monday to Sunday.
- Opening hours: 06.00 to 00.00, Monday to Sunday.
- Conditions: the mandatory conditions, those consistent with Tesco’s operating schedule, and the conditions agreed with the licensing team in Appendix D of the council’s report.
Those agreed conditions include CCTV kept for at least 31 days, a Challenge 25 policy, staff training with yearly refreshers, an incident log and a Challenge 25 check when alcohol is delivered to a customer’s door. We listed them in full in our preview.
The councillors sitting were Councillor Paul Woodward, who was elected chair at the start of the hearing, with Councillors Chris Bateson and Sue Doran.
Residents asked for 10pm. The answer was no
Two people spoke against the application at the hearing, one of them on behalf of local residents. Tesco was represented by its senior licensing manager and a barrister.
According to the decision notice, residents asked Tesco “to be a good neighbour” and stop alcohol sales at 22:00. They argued that would reduce the risk of crime, disorder and anti-social behaviour.
Tesco’s barrister said there was no evidence that the hours applied for would increase those problems. He said the company would be happy to make changes if there was any sign the hours were causing a problem, but that none had been identified. He also pointed out that no responsible authority had objected.
Why the sub-committee said yes
The decision notice gives the reasons. The key points are:
- Surrey Police did not object. The notice calls the police “the main source of advice” on crime and disorder. No other responsible authority objected either.
- No evidence was put forward. The sub-committee found “no actual evidence” that the licensing objectives would not be upheld.
- Fear is not enough. In the notice’s words, “the fear of issues arising from licensable activities in terms of crime and disorder or public nuisance cannot be a basis upon which to refuse a licence or indeed reduce the asked for hours.”
- Changing the conditions was ruled out as neither appropriate nor proportionate on the evidence.
That last line of reasoning was flagged in the council’s report before the hearing. Because this is a new licence, objectors could not point to problems at a shop that is not yet trading under it.
How the hours compare with the old licence
The previous licence at the address allowed:
- Opening: Monday to Saturday 07.00 to 21.00, Sunday 08.00 to 21.00
- Alcohol: Monday to Saturday 08.00 to 23.00, Sunday 10.00 to 22.30
So on a weekday the last alcohol sale stays at 11pm. Under the new licence the shop can open an hour earlier in the morning and three hours later at night. On Sundays alcohol sales can start four hours earlier, at 6am, and run half an hour later.
What it means for you
- The licence is in force now. The decision took effect on 16 September. The council’s decision does not set a date for the shop to change hands or hours.
- Objectors can appeal. The decision notice gives parties 21 days from receiving it to appeal to the magistrates’ court. Appeals go to Guildford Magistrates’ Court, on 01483 405 300. Under Schedule 5 of the Licensing Act 2003, anyone who made a relevant representation can appeal against a grant.
- If problems do start, there is a route. Once a licence exists, a resident or a responsible authority can ask the council to review it under section 51. A review needs evidence tied to the licensing objectives. The incident log and CCTV conditions mean records should exist.
- Keep a note of dates and times of anything you report to Surrey Police or the council. That is the kind of evidence the sub-committee said it did not have this time.
The shop is in Sunbury East ward, about four and a half miles east of Staines town centre. For parking and travel in the borough, see parking in Staines and Staines roadworks and travel.
Frequently asked questions
Did Tesco get its licence at Avenue Parade in Sunbury?
Yes. Spelthorne’s Licensing Sub-Committee granted the premises licence for 6-7 Avenue Parade, Sunbury-on-Thames TW16 5HS on 16 September 2026, with effect from the same day.
What hours can the Sunbury Tesco open and sell alcohol?
It can open from 06.00 to 00.00 and sell alcohol from 06.00 to 23.00, seven days a week. Late night refreshment was dropped from the application before the hearing.
Can residents appeal the Tesco licence decision?
Yes. The decision notice says parties can appeal to the magistrates’ court within 21 days of receiving it, and names Guildford Magistrates’ Court.
Why were the objections not enough?
The sub-committee said no evidence had been put forward that the licensing objectives would be undermined, and that no responsible authority, including Surrey Police, had objected. It said fear of problems cannot be a basis for refusing a licence or cutting the hours.
Sources
- Spelthorne Borough Council, minutes of the Licensing Sub-Committee, 16 September 2026, with the decision notice, for the decision, the attendance, the residents’ request, the applicant’s response, the reasons and the appeal route.
- Spelthorne Borough Council, agenda and report for the same meeting, for the hours applied for, the previous licence and the Appendix D conditions.
- Licensing Act 2003, section 51 and Schedule 5, for reviews and appeals.
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