Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 24 November 2016.

The Minutes of the meeting held on 24 November 2015 (copies of which had been circulated) 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 Variation of the Premises Licence at the Frog and Railway, 474 Didsbury Road, Heaton Mersey) as appendices to the reports contained information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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 to Vary the Premises Licence at Frog & Railway, 474 Didsbury Road, Heaton Mersey) which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be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 Greene King Retailing Limited to vary the premises licence for Frog & Railway, 474 Didsbury Road, Heaton Mersey extend the hours of licensable activities and remove archaic conditions.

The Sub-Committee is recommended to consider the application for the variation of the premises licence at Frog & Railway, 474 Didsbury Road, Heaton Mersey.

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 Greene King Retailing Limited to vary the premises licence for Frog & Railway, 474 Didsbury Road, Heaton Mersey extend the hours of licensable activities and remove archaic conditions.

The applicant attended the meeting, presented their application, and answered Councillors’ questions in relation to the application. 

The applicant informed the Sub-Committee that they wished to amend their application to include a further condition requiring that all rear windows and doors were to be closed during the playing of live or recorded music, save for the playing of background music, after 22:00 hours except for the purpose of access and egress.

The Sub-Committee noted that the objector, although duly notified of the date and time of the hearing, had not advised the Licensing Authority in advance of their intention to attend the hearing and nor had they attended the hearing in person.  The Sub-Committee therefore considered the objection on the basis of the written submission.

There were no objections made by any responsible authority.

The Sub-Committee, having heard the 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 relevant representations had been raised in respect of this licensing objective, namely that the objector stated that they had observed fighting and disorder at the premises and had asserted that on occasion they had been unable to use their back garden due to the smell of drugs being smoked at the rear of the premises.  However, the Sub-Committee was of the view that the limited extent of the variation as it related to the hours for licensable activity and the absence of any objective evidence to substantiate the ground of the objection was such that no further conditions were necessary in order to address 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 raised in respect of this licensing objective, namely that the level of noise associated with the operation of the premises would increase should the hours of operation be extended.  However, the Sub-Committee noted with approval the additional condition proposed by the applicant relating noise attenuation, and determined that no further conditions were necessary in order to address this licensing objective.

It was then

RESOLVED – (1) That the hours for the provision of regulated entertainment indoors including live and recorded music be approved as follows:-

·         10.00 to 23.00 hours, Sunday to Wednesday.

·         10.00 to 00.00 hours, Thursday to Saturday.

(2) That the hours for the provision of late night refreshment, on and off the premises, be approved from 23.00 to 00.00 hours, Thursday to Saturday.

(3) That the hours for supply of alcohol for consumption on and off the premises be approved as follows:-

·         10.00 to 23.00 hours, Sunday to Wednesday.

·         10:00 to 00:00 hours, Thursday to Saturday.

(4) That the stated, standard opening hours be noted as follows:-

·         10.00 to 23.30 hours, Sunday to Wednesday.

·         10:00 to 00:30 hours, Thursday to Saturday.

(5) That approval be given to the removal of those special restrictions on the hours for licensable activity pertaining to Good Friday, Christmas Day and New Year’s Day.

(6) That approval be given to the removal of the following conditions on the premises licence:-

·         No  ...  view the full minutes text for item 5.