Agenda and minutes

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

The Minutes (copies of which had been circulated) of the meeting held on 26 January 2017 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for Variation of the Premises Licence at Whitebottom Farm, Compstall) as appendices to the report contain information ‘not for publication’ by virtue of Category 1 of Schedule 12A ‘Information relating to any individual’ as set out in the Local Government Act 1972 (as amended), the disclosure of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Act 2003: Application to Vary the Premises Licence at Whitebottom Farm, Compstall’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the public to 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 Whitebottom Farm Estates Ltd for a variation of the premises licence at Whitebottom Farm, Compstall, to remove conditions in relation to hours for amplified music and speech in Annex 2, so the licence is consistent with the existing hours in parts E & F of the Operating Schedule.

The Sub-Committee is recommended to consider the application for a variation of the premises licence at Whitebottom Farm, Compstall.

Officer contact: Peter Cooke on 0161 474 4851 or email: peter.cooke@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 Whitebottom Farm Estates Ltd for a variation of the premises licence at Whitebottom Farm, Compstall, to remove conditions in relation to hours for amplified music and speech in Annex 2, so the licence is consistent with the existing hours in parts E & F of the Operating Schedule.

The applicant attended the meeting and answered Councillors’ questions in relation to the application. A representative of the Head of Environmental Health, in addition to a number of objectors, who, 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.

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 patrons leaving events at the farm were engaging in anti-social behaviour within the locality.

(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 relevant representations had been raised in respect of this licensing objective, namely that patrons leaving events at the farm were engaging in anti-social behaviour within the locality.

(iv)       Public Nuisance

The Sub-Committee was satisfied that relevant representations had been raised in respect of this licensing objective, namely that concerns had been raised with regard to noise nuisance resulting from events held at the farm.

It was noted that the representations had identified particular concern that the result of the variation would be to exacerbate those existing problems and extend the period which residents would experience them for.

The Sub-Committee noted the content of the applicant’s operating schedule with regard to the three licensing objectives, however it was of the view that notwithstanding the measures contained within the schedule, issues of noise disturbance and anti-social behaviour persisted.

Further the Sub-Committee determined that there were no additional conditions that could be imposed on the licence that would satisfactorily ameliorate the concerns that had been expressed by the objectors during the hearing

It was then

RESOLVED – That having heard an application for a variation of the premises licence at Whitebottom Farm, Compstall which proposed to remove two conditions placing restrictions on the hours for the playing of live and recorded music indoors and outdoors such that the permitted hours for such licensable activity would be between 11.30 am and 11.30 pm Sunday to Thursday and 11am to 2am Friday to Saturday, the Sub-Committee was satisfied that relevant representations had been received in respect of the public safety, prevention of public nuisance and the prevention of crime and disorder licensing objectives.  The Sub-Committee noted the content of the applicant’s operating schedule with regard to the three licensing objectives, however it was of the view that notwithstanding the measures contained within the schedule, issues of noise disturbance and anti-social behaviour persisted.

Further the Sub-Committee determined that there were no additional conditions that could be imposed on the licence that would satisfactorily ameliorate the concerns that had been expressed by the objectors during the hearing, and accordingly it was determined that the application should be rejected.