Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 12 January 2015.

The Minutes of the meeting held on 12 January 2015 were approved as a correct record and signed by the Chair.

Councillors and officers are invited to declare any interests which they have in any of the items on the agenda for the meeting.

No declarations were made.

Members of the public are invited to put questions to the Chair and members of the Sub-Committee on any matters within the powers and duties of the Sub-Committee, subject to the exclusions set out in the Code of Practice. (Questions must be submitted prior to the commencement of the meeting on the cards provided.  These are available at the meeting).

No public questions were submitted.

To consider a report of the Corporate Director for Place Management and Regeneration.

The report details an application for a review of the Premises Licence under Section 51 of the Licensing Act 2003 at at the Full Shilling on the grounds that the licence does not support the prevention of crime and disorder and public safety licensing objectives.

The Sub-Committee is recommended to consider the application for a review of the premises licence at the Full Shilling, 11 Tiviot Dale, Stockport.

Officer contact: Patrick Ware on 0161 474 4188 or email: patrick.ware@stockport.gov.uk

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) detailing an application made by a representative of the of the Head of Environmental Health at Stockport Council, being a responsible authority under the Licensing Act 2003 exercising its statutory function to promote public safety and with regard to the prevention of crime and disorder licensing objective, for a review of the Premises Licence at The Full Shilling, 11 Tiviot Dale, Stockport.

A representative of the Head of Environmental Health, in addition to representatives of the Premises Licence Holder attended the meeting and answered Councillors’ questions in relation to the application.

The Sub-Committee, having heard the interested parties, proceeded to consider the protection of children from harm licensing objective in respect of the application, together with the relevant parts of the Council’s Licensing Policy and the guidance from the Department for Culture, Media and Sport.  However, the decision was reached on consideration of all the arguments given in relation to this specific application.

It was then

RESOLVED -The Sub-Committee heard an application for a review of the premises licence at The Full Shilling, 11 Tiviot Dale, Stockport, made by Mr Aaron Esler on behalf of the Head of Environmental Health at Stockport Council, being a responsible authority under the Licensing Act 2003 and exercising its statutory function to promote public safety and with regard to the prevention of crime and disorder licensing objective.  The Sub-Committee further noted the additional representation submitted by the Director of Public Health in support of the application for the review of the premises licence.

Having considered all the evidence presented, the Sub-Committee was satisfied that the premises had demonstrated its inability to satisfactorily address the promotion of public safety and prevention of crime and disorder licensing objectives by virtue of the proven case whereby the premises had been found offering for sale a product purporting to be ‘Smirnoff Vodka’ which was found to be unfit for human consumption and whereby Miss Theresa Gorman, Director of Edgeworth Taverns Ltd and Edgeworth Taverns Ltd being the Premises Licence Holder, had subsequently been found guilty in Stockport Magistrates’ Court of offences under the General Food Regulations 2004 and the Food Safety Act 1990. 

The Sub-Committee further noted that on 30 September 2008, Miss Theresa Gorman had been prosecuted for the substitution of Gordons Gin with a different product and had offered it for sale at The Magnet public house, Stockport.

The Sub-Committee was of the view that in order to satisfactorily address the promotion of public safety and prevention of crime and disorder licensing objectives it will be necessary to remove the current Designated Premises Supervisor with immediate effect.  The Sub-Committee noted with approval that the Premises Licence Holder had offered to voluntarily keep the premises closed unless and until the premises licence has been transferred to a new premises licence holder and a suitably qualified person had been appointed as Designated Premises Supervisor; both to the satisfaction of the Licensing Authority.  The Sub-Committee gave approval to the imposition of a condition that effect.