Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 30 November 2016.

The Minutes of the meeting held on 30 November 2016 (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 items 5  (Licensing Act 2003: Application for a New Premises Licence at Ladybird Supermarket, 55 St Petersgate, Stockport) and Agenda Item 6 (Licensing Act 2003: Application for a Variation of the Premises Licence at Yara, 7a Wilmslow Road, Cheadle) as appendices to the reports contains information ‘not for publication’ by virtue of Category 1 of Schedule 12A ‘Information relating to any individual’ as set out in the Local Government Act 1972 (as amended), the disclosure of which would not be fair and would therefore be in breach of Data Protection principles.

RESOLVED – That notwithstanding the submission of information as part of Agenda Item 5 - ‘Licensing Act 2003: Application for a Variation of the Premises Licence at Yara, 7a Wilmslow Road, Cheadle’ and Agenda Item 6 – ‘Licensing Act 2003: Application for a New Premises Licence at Ladybird Supermarket, 55 St Petersgate, Stockport’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be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 received from SHF Catering Limited for a variation of the premises licence at Yara, 7a Wilmslow Road, Cheadle to amend the layout as per the plan; include off sales of alcohol in addition to on sales; to add late night refreshments outdoors in addition to indoors, and to remove various conditions of Annex 3.

The Sub-Committee is recommended to consider the application for a variation of the premises licence at Yara, 7a Wilmslow 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) requesting the Sub-Committee to consider an application from SHF Catering Limited for a variation of the premises licence at Yara, 7a Wilmslow Road, Cheadle to amend the layout as detailed on the plan appended to the report; to include off sales of alcohol in addition to on sales; to add late night refreshments outdoors in addition to indoors, and to remove various conditions of Annex 3.

The applicant attended the meeting, presented their application, and answered Councillors’ questions in relation to the application.  At this point in the proceedings, the applicant indicated that they wished to amend their application to include two further conditions, namely:-

(1)  That any off sales of alcohol will always be in a closed container and be restricted to:-

·         Customers who order a take away meal.

·         Orders delivered by courier including a food element.

·         Customers who have eaten within the premises.

(2) The provision of a telephone number on which the premises can be contacted to allow residents to discuss any operational issues

Two objectors, having previously submitted written representations 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 the representations asserted that any proposal to serve alcohol outside to the rear of the premises later into the evening would have an unacceptable impact on the amenity of local residents by virtue of resultant noise disturbance; and that the continuation of licensable activity into the early hours of the morning would contribute to an increase in litter and other associated detritus being left in the vicinity of the premises

However, the Sub-Committee noted that the variation did not propose any amendment to the existing hours for licensable activity at the premises, and further that the proposed means of enclosure of the external dining area was such that the proposed variation would not result in a public nuisance by virtue of noise disturbance.  The Sub-Committee further noted with approval the content of the applicant’s operating schedule in respect of the prevention of public nuisance licensing objective, including the additional conditions offered at the meeting in relation to the control of off-sales and the provision of contact information.

The Sub-Committee was therefore of the view that there were no further conditions that were necessary or proportionate in order to address this licensing objective.

It was then

RESOLVED – (1) That approval be given to the amended layout of the premises as detailed on the plan attached to the report.

(2) That the hours for the supply of alcohol by retail sale for consumption off the premises be approved on the basis of those hours currently in place for the supply of alcohol on the premises, namely from 10.00 to 01.00 hours, the following day Monday to Sunday.

(3) That the hours for the  ...  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 received from Mr Sangar Rahman for a new premises licence to be granted under the Licensing Act 2003 at Ladybird Supermarket, 55 St Petersgate, Stockport for the supply of alcohol off the premises Monday to Sunday 08:00- 23:00.

The Sub-Committee is recommended to consider the application for a new premises licence at Ladybird Supermarket, 55 St Petersgate, Stockport.

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) requesting the Sub-Committee to consider an application from Mr Sangar Rahman for a new premises licence at Ladybird Supermarket, 55 St Petersgate, Stockport for the supply of alcohol by retail sale for consumption off the premises.

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

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 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 the representation asserted that the introduction of a licensed premises at this location would result in an increase in associated anti-social behaviour. 

However, the Sub-Committee noted that there was an absence of any objective evidence to substantiate the grounds of the objection, and nor had there been any representations made by any of the responsible authorities in relation to this matter.  Further, the Sub-Committee noted with approval the content of the applicant’s operating schedule in respect of the prevention of public nuisance licensing objective was therefore of the view that there were no further conditions that were both necessary or proportionate in order to address that licensing objective.

It was then

RESOLVED - (1) That the hours for the supply of alcohol by retail sale for consumption off the premises be approved from 08:00 to 23:00 hours Monday to Sunday.

(2) That approval be given to the inclusion of the following conditions on the Premises Licence, being consistent with the applicant’s Operating Schedule:-

·         That CCTV be been installed at the premises and that the equipment be be maintained to the standard of GM police policy. All images to be retained for a minimum of 28days and to be made available on request to authorised officers.

·         That the premises be secured with roller shutters when closed.

·         That spirits of high ABV be stored and sold from behind the counter.

·         That when the DPS is not on duty a contact telephone number be available at all times.

·         That records of incidents will be recorded in an incident log and retained on the premises for 12 months. The premises will operate and record all incidents of criminal activities, anti-social behaviour and injuries to persons using the following compliance log books, customer refusal, authorisation if alcohol, ID signature to assist the police and authorities in carrying out their investigations. All log books are fit for purpose and will be retained on the premise for 12 months.

·         That the premises adopt a Challenge 25 policy together with an age verification training scheme. The training subject matter will consist of underage sales, checking ID, proxy sales, basic conflict management and relevant areas of the Licensing Act with penalties for breach. Refresher training  ...  view the full minutes text for item 6.