Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 25 April 2016.

The Minutes (copies of which had been circulated) of the meeting held on 25 April 2016 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 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for a review of the Premises Licence at Lifestyle Express)  as an appendix to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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5 - ‘Licensing Act 2003: Application to Review the Premises Licence at Lifestyle Express’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be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.

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

The report details an application from Stockport Metropolitan Borough Council (Licensing Authority) for a review the Premises Licence at Lifestyle Express, 142 Stockport Road, Cheadle.

The Sub-Committee is recommended to consider the application  for a review of the premises licence at Lifestyle Express, 142 Stockport Road, Cheadle.

Officer contact: Caitriona Muldoon on 0161 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) 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 prevention of crime and disorder, prevention of public nuisance and the protection of children from harm licensing objectives, for a review of the Premises Licence at Lifestyle Express, 142 Stockport Road, Cheadle.

A representative of the Stockport Licensing Authority in addition to the Premises Licence Holder and his representative, 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 Lifestyle Express, 142 Stockport Road, Cheadle 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 prevention of crime and disorder; prevention of public nuisance and the protection of children from harm licensing objectives by virtue of:-

(1)       the evidenced cases from 2011 and 2012 whereby the premises had sold alcohol on two occasions to underage patrons; and

(2)       the multiple failures to comply with those conditions that had been imposed on its premises licence; specifically, those relating to

o          the production of CCTV images

o          maintaining and producing a refusals book

o          maintaining and producing an incident book

o          the provision of adequate training; and

o          the reporting of alcohol related incidents to the police.

The Sub-Committee also took into account the additional letters of representation relating to concerns that the premises had sold alcohol to underage patrons, in addition to those in support of the premises licence holder.

The Sub-Committee noted with approval the proposed schedule of conditions, and determined that in order to satisfactorily address the licensing objective, it would be necessary to:-

(1) Require that all those persons authorised to sell alcohol from the premises shall be personal licence holders.

(2) That the specification of the CCTV system installed at the premises including the position, location and number of cameras shall be provided in accordance with the conditions of the premises licence and to the satisfaction of the licensing authority within 30 days of determination of the Sub-Committee.

(3) That the maintenance of records so required by condition shall be kept in a single book for this purpose.

The Sub-Committee was also of the view that the Licensing Authority should undertake quarterly visits for a one-year period to the premises to assess compliance with the conditions on the licence.