Agenda and minutes

Adjourned to 4 October 2018, Licensing, Environment & Safety Sub-Committee A
Wednesday, 19th September, 2018 6.00 pm

Venue: Meeting Room 5, Town Hall. View directions

Contact: Damian Eaton  (0161 474 3207)

Items
No. Item

1.

Minutes pdf icon PDF 50 KB

To approve as a correct record and sign the Minutes of the meeting held on 31 May 2018.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 26 March 2018 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 item 5 (Licensing Act 2003: Application to Review the Premises Licence at Brocco Bar, 281 London Road, Hazel Grove, Stockport) as appendices to the report contained information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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 notwithstanding the submission of information as part of Agenda Item 5 – ‘Licensing Act 2003: Application to Review the Premises Licence at Brocco Bar, 281 London Road, Hazel Grove, Stockport’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the public to be excluded from the meeting.

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 to Review the Premises Licence at Brocco Bar, 281 London Road, Hazel Grove, Stockport pdf icon PDF 107 KB

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

 

The report details an application received from the Licensing Authority (Stockport Council) for a review of the premises licence at Brocco Bar (formerly known as Boteega), 281 London Road, Hazel Grove, Stockport.

 

The Sub-Committee is recommended to consider the application for the review of the Premises Licence at Brocco Bar, 281 London Road, Hazel Grove, Stockport.

 

Officer contact: Lindsey Delamore on 0161 474 4851 or email: lindsey.delamore@stockport.gov.uk

Additional documents:

Minutes:

A representative of the Corporate Director for Place Management & Regeneration reported that the holder of the premises licence in respect of which the application had been made had not been provided with the requisite notice of the date and time of the hearing and it was requested that the Sub-Committee give consideration to the adjournment of the hearing to ensure that all parties to the hearing had been afforded appropriate notice of the hearing.

 

 

6.

Adjournment

Minutes:

At 6.07 pm it was

 

RESOLVED – (1) That the meeting be adjourned until 6.00 pm on Thursday, 4 October 2018.

 

(2) That, it being necessary in the public interest, approval be given to an extension of the time limit provided for in The Licensing Act 2003 (Hearings) Regulations 2005 for the determination of the application until Thursday, 4 October 2018.

 

The meeting reconvened at 6.00 pm on Thursday, 4 October 2018.

PRESENT

Councillor Mark Weldon (Chair) in the chair; Councillors Dickie Davies and Sylvia Humphreys.

7.

Licensing Act 2003: Application to Review the Premises Licence at Brocco Bar, 281 London Road, Hazel Grove, Stockport (continued)

Minutes:

A representative of the Corporate Director for Place Management & Regeneration submitted a report (copies of which had been circulated) detailing an application received on behalf of the Licensing Authority (Stockport Council) being a responsible authority under the Licensing Act 2003 exercising its statutory function to promote the prevention of crime and disorder and the protection of children from harm licensing objectives, for a review of the premises licence at Brocco Bar (formerly known as Boteega), 281 London Road, Hazel Grove, Stockport.

 

A representative of the Stockport Licensing Authority in addition to the Premises Licence Holder, the Designated Premises Supervisor and a further person supporting their case, attended the meeting and answered Councillors’ questions in relation to the application.

 

The Sub-Committee also noted that a written relevant representation had been submitted on behalf of the Chief Officer of Greater Manchester Police.

 

The Sub-Committee, having heard the interested parties, 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 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 Brocco Bar (formerly known as Boteega), 281 London Road, Hazel Grove, Stockport made by the Licensing Authority and having considered all the evidence presented, the Sub-Committee was satisfied that the premises had demonstrated its inability to satisfactorily address the prevention of crime and disorder and protection of children from harm licensing objectives on the basis that the premises was responsible for the sale of alcohol to underage patrons during an event held at Brocco Bar on 5 July 2018 and had breached a number of conditions on the premises licence.

 

In arriving at this view, the Sub-Committee considered the evidence submitted by a complainant to the Licensing Authority; the application for the Review of the Premises Licence submitted by the Licensing Authority, and the written representation in support of the review submitted by Greater Manchester Police and balanced this against the written and oral evidence submitted by the Premises Licence Holder and Designated Premises Supervisor.

 

The Sub-Committee noted that while there was some dispute about whether alcohol was served throughout the evening at the premises, it had been confirmed that bucks fizz was served to patrons upon arrival.  The Sub-Committee was therefore able to determine that the premises were responsible for the provision of alcohol to underage patrons.

 

The Sub-Committee also took account of the series of evidenced failures to comply with further provisions and conditions of the premises licence; namely:-

 

·         A failure to operate a CCTV system covering internal and external areas of the premises with images kept for a minimum of 28 days.

·         A failure to operate a Challenge 25 Scheme at the premises.

·         A failure to maintain an incident book which was kept on the premises at all times.

·         A failure to provide a minimum of two SIA qualified door supervisors from 21.00 hours on a Friday and Saturday; and

·         A failure to ensure that a personal licence holder was on site at all times.

 

The Sub-Committee had no confidence that the Premises Licence Holder was able to consistently apply and comply with the conditions of the premises licence.

 

The Sub-Committee was therefore satisfied that the actions of the Premises Licence Holder had undermined and continued to undermine the prevention of crime and disorder and protection of children from harm licensing objectives.

 

The Sub-Committee was of the view that there were no further conditions that could be imposed which would ameliorate the concerns expressed by the Licensing Authority during the hearing, and accordingly it was determined that the Premises Licence should be revoked.