Agenda and minutes

Licensing, Environment & Safety Sub-Committee A
Monday, 26th March, 2018 6.00 pm

Venue: Meeting Room 6, Town Hall. View directions

Contact: Damian Eaton  (0161 474 3207)

Items
No. Item

1.

Minutes pdf icon PDF 57 KB

To approve as a correct record and sign the Minutes of the meeting held on 29 September 2017.

Minutes:

The Minutes of the meeting held on 21 September 2017 (copies of which had been circulated) were approved as a correct record and signed by the Chair.

2.

Declarations of Interest

Councillors and officers are invited to declare any interests which they have in any of the items on the agenda for the meeting.

Minutes:

Councillors and officers were invited to declare any interests which they had in any of the items on the agenda for the meeting.

 

No declarations were made.

3.

Exclusion of the Public and the Public Interest Test

To consider whether it is in the public interest to exclude the public during consideration of agenda items 5 (Licensing Act 2003: Application for the Revocation of a Personal Licence) and 6 (Licensing Act 2003: Application for a new Premises Licence at Foragin Ltd, 83a Stockport Road, Marple) as the reports contained information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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.

Minutes:

RESOLVED – That the public be excluded from the meeting during the consideration of agenda item 5 – ‘Licensing Act 2003: Suspension or Revocation of a Personal Licence’ (see Minute 6 below) to prevent the disclosure of information relating to an individual in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005.  It would not, on balance, be in the public interest to disclose this information because disclosure of the personal information would not be fair to the applicant and would breach their data protection rights and the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

4.

Public Question Time

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).

Minutes:

No public questions were submitted.

5.

Licensing Act 2003: Application for a new Premises Licence at Foragin Ltd, 83a Stockport Road, Marple pdf icon PDF 79 KB

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

 

The report details an application from Foragin’ Limited for a new premises licence to be granted under the Licensing Act 2003 at 83a Stockport Road, Marple to permit the supply of alcohol on and off the premises, the playing of record music indoors and the provision of Late Night Refreshment.

 

The Sub-Committee is asked to consider the application for a Premises Licence to be granted at Foragin Ltd, 83a Stockport Road, Marple.

 

Officer contact: Peter Cooke on 0161 474 4851 or email: peter.cooke@stockport.gov.uk

Additional documents:

Minutes:

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 Foragin’ Limited for a new premises licence to be granted under the Licensing Act 2003 at 83a Stockport Road, Marple to permit the supply of alcohol on and off the premises, the playing of recorded music indoors and the provision of Late Night Refreshment.

 

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 Digital, 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 granting of a premises licence would result in noise breakout from the premises caused by loud music in addition to noise nuisance from patrons entering and leaving the premises under the influence of alcohol.  It was further stated that the application would also result in the glass breakages from bottles and glasses on the street that would pose a danger to passing members of the public.

 

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, specifically that any litter to the front and rear of the property would be collected; that a noise management policy would be put in place; and that the premises would engage with local residents on a regular basis.

 

The Sub-Committee was therefore of the view that there were no further conditions that were both necessary or proportionate in order to address the prevention of public nuisance licensing objectives.

 

It was then

 

RESOLVED – (1) That the hours for the supply of alcohol for consumption on and off the premises be approved  as follows:-

 

·         10.00 to 00.00 hours, Monday to Sunday.

·         10.00 to 01:00 hours the following day on Christmas Eve and New Year’s Eve.

 

(2) That the hours for the playing of recorded music, indoors, be approved as follows:-

 

·         10.00 to 00.00 hours, Monday to Sunday.

·         10.00 to 01:00 hours the following day on Christmas Eve and New Year’s Eve.

 

(3) That the hours for the provision of late night refreshment, indoors and outdoors, be approved as follows:-

 

·         10.00 to 00.00 hours, Monday to Sunday.

·         10.00 to 01:00 hours the following day on Christmas Eve and New Year’s Eve.

 

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

 

·         10.00 to 00.00 hours, Monday to Sunday.

·         10.00 to 01:00 hours the following day on Christmas Eve and New Year’s Eve.

Item Not for Publication

6.

Licensing Act 2003: Suspension or Revocation of a Personal Licence

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

 

The report requests that the Sub-Committee gives consideration to the revocation or suspension of apersonal licence following a conviction for a relevant offence as set out in Schedule 4 of the 2003 Act.

 

The Sub-Committee is recommended to consider the application.

 

Officer contact: Caitriona Muldoon on 0161 474 4162 or email: catriona.muldoon@stockport.gov.uk

Additional documents:

Minutes:

A representative of the Corporate Director for Place Management & Regeneration submitted a report (copies of which had been circulated) requesting that the Sub-Committee to consider the suspension or revocation of a personal licence following the licence holder’s conviction for a relevant offence.

 

In accordance with Section 131 of the Licensing Act 2003, the Licensing Authority had been notified by Chesterfield magistrates Court that the personal licence holder had been convicted of a relevant offence as is defined in Schedule 4 of the Act.

 

The Sub-Committee was informed that the Licensing Authority had served 28 days’ notice on the personal licence holder that it was considering the suspension or revocation of the personal licence and providing them with the opportunity to make written representations.  The Sub-Committee noted that the Premises Licence Holder had made such a written representation which had been circulated to all parties in advance of the hearing.

 

The Premises Licence Holder also attended the hearing to make representations in person and to respond to councillors’ questions.

 

The Sub-Committee, having heard all of the evidence, proceeded to consider the prevention of crime and disorder 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 Digital, Culture, Media and Sport.  However, the decision was reached on consideration of all the arguments given in relation to this specific application.

 

It was then

 

RESOLVED – (1) That having heard all the evidence presented including the representations made by the Personal Licence Holder, and having considered the licence holder’s relevant and recent conviction for a criminal offence the Sub-Committee has determined that it is minded to take no further action.

 

(2) That the Corporate Director for Place Management & Regeneration be instructed to give notice to the Chief Officer of Greater Manchester Police that the Sub-Committee was proposing not to revoke the personal licence and inviting the said Chief Officer to make representations within 14 days of the receipt of such notice regarding the issue of whether the licence should be suspended or revoked having regard to the crime prevention objective.