Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 23 June 2015.

The Minutes (copies of which had been circulated) of the meeting held on 23 June 2015 were approved as a correct record and signed by the Chair.

To consider whether it is in the public interest to exclude the public during consideration of Agenda Item 5 (Licensing Act 2003: Application for a Review of the Premises Licence at Malik News, 8 Adswood Road, Cheadle Hulme) and Agenda Item 6 (Licensing Act 2003: Application for a New Premises Licence at Motor Fuel Limited t/a Convenience Store, Bramhall Filling Station) as appendices to the reports contained information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVED – That notwithstanding the submission of information as part of Agenda Item 5 (Licensing Act 2003: Application for a Review of the Premises Licence at Malik News, 8 Adswood Road, Cheadle Hulme) and Agenda Item 6 (Licensing Act 2003: Application for a New Premises Licence at Motor Fuel Limited t/a Convenience Store, Bramhall Filling Station) which had been classified as ‘Not for Publication’ by virtue of them containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be heard openly during the proceedings of the hearing, the public not be excluded from the meeting.

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 & Regeneration.

The report details an application from Motor Fuel Ltd for a new premises licence to be granted to include the sale of alcohol for consumption off the premises and the provision of late night refreshments at Convenience Store, Bramhall Fulling Station, Ack Lane East, Bramhall.

The Sub-Committee is recommended to consider the application for a new premises licence at Motor Fuel Ltd t/a Convenience Store, Bramhall Fulling Station, Ack Lane East, Bramhall.

Officer contact: Caitriona Muldoon on 474 4162 or email: caitriona.muldoon@stockport.gov.uk

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) requesting the Sub-Committee to consider an application from Motor Fuel Ltd for a new premises licence to be granted to include the sale of alcohol for consumption off the premises and the provision of late night refreshments at Convenience Store, Bramhall Filling Station, Ack Lane East, Bramhall.

The applicant attended the meeting and answered Councillors’ questions in relation to the application. An objector, having previously submitted a written representation in relation to this application, also attended the meeting, explained their objections to the proposals and answered Councillors’ questions in relation to the application.

There were no objections made by any responsible authority.

The Sub-Committee having heard all interested parties proceeded to consider the licensing objectives 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.

The Sub-Committee found the following:-

(i)         Crime and Disorder

The Sub-Committee was satisfied that no relevant representations had been raised in respect of this licensing objective.

(ii)        Protection of Children

The Sub-Committee was satisfied that no relevant representations had been raised in respect of this licensing objective.

(iii)       Public Safety

The Sub-Committee was satisfied that no relevant representations had been raised in respect of this licensing objective.

(iv)       Public Nuisance

The Sub-Committee was satisfied that relevant representations had been received in respect of the prevention of public nuisance licensing objective, specifically that the representation asserts that there had been instances whereby the premises had been associated with noise nuisance from patrons and that there was potential for this to be exacerbated should the application for a premises licence be approved.

However the Sub-Committee noted with approval the content of the applicant’s operating schedule in respect of the prevention of public nuisance licensing objective and the proposal by the applicant during the course of the meeting that the sale of late night refreshment shall be restricted to hot drinks only.  The Sub-Committee therefore determined that no further conditions were necessary in order to address this licensing objective.

It was then

RESOLVED – (1) That the hours for the supply of alcohol for consumption off

the premises to be approved from 06.00 hours to midnight, Monday to Sunday.

(2) That the hours for the provision of late night refreshments to be approved from 23.00 to 05.00 hours, Monday to Sunday.

(3) That a digital hard drive CCTV system shall be in operation to cover internal and external areas of the premises. Any area where customers have legitimate access must be sufficiently illuminated for the purposes of CCTV. All CCTV recorded images shall have sufficient clarity/ quality/ definition to enable facial recognition.  CCTV shall be kept in an unedited format for a minimum period of 28 days.  Any DVD's/USB devices / media devices subsequently produced shall be in a format so it can be played back on a standard personal computer or standard DVD player.  Any person left in charge of the premises must be trained in the use of any such CCTV equipment and able to produce / download / burn CCTV images upon request to management by a person from a responsible authority (subject to data protection legislation).

(4) That CCTV shall be maintained on a regular basis and kept in good working order.

(5) That Management/staff members will maintain an incident book and a refusals book that will be kept on the premises at all times, copies of which will be made available to the police/responsible authority upon request. The incident book and refusals book will be retained at the premises for a period of 12 months from the date of the last entry.  It will not be satisfactory  ...  view the full minutes text for item 5.

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

The report details an application from Stockport Council (the Licensing Authority) for a review of the Premises Licence for Malik News, 8 Adswood Road, Cheadle Hulme.

The Sub-Committee is recommended to consider the application for the review of the Premises Licence at Malik News, 8 Adswood Road, Cheadle Hulme.

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 Stockport Licensing Authority being a responsible authority under the Licensing Act 2003 exercising its statutory function to promote the protection of children from harm licensing objective for a review of the Premises Licence at Malik News, 8 Adswood Road, Cheadle Hulme.

A representative of the Stockport Licensing Authority in addition to 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 arguments given in relation to this specific application.

It was then

RESOLVED – That, having heard the application for a review of the premises licence at Malik News, 8 Adswood Road, Cheadle Hulme, made on behalf of the Licensing Authority at Stockport Metropolitan Borough Council, the Sub-Committee was satisfied that the premises had demonstrated its inability to satisfactorily address the protection of children from harm licensing objective by virtue of the two evidenced occasions upon which the premises had sold alcohol to underage patrons.

The Sub-Committee noted the additional representation submitted by the Director of Public Health in support of the application for the review of the premises licence on the same bases.

The Sub-Committee was of the view that in the light of the sustained disregard, demonstrated by Mr Malik as the Designated Premises Supervisor and Premises Licence Holder, for the protection of children from harm licensing objective there were no further conditions that could be imposed which would ameliorate the concerns expressed by the Licensing Authority during the hearing, and accordingly it was determined that the Premises Licence should be revoked.