Agenda and minutes

Licensing, Environment & Safety Sub-Committee A
Wednesday, 24th October, 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 76 KB

To approve as a correct record and sign the Minutes of the meeting held on 19 September 2018.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 19 September 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 for a New Premises Licence at Offerton Green Service Station, Marple Road, Offerton) as appendices to the report contained information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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 for a new Premises Licence at Offerton Green Service Station, Marple Road, Offerton’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the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 for a new Premises Licence at Offerton Green Service Station, Marple Road, Offerton pdf icon PDF 76 KB

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

 

The report details an application received from Manor Retail Group Ltd for a new premises licence at Offerton Green Service Station, Marple Road, Offerton to permit late night refreshment (indoors), Monday to Sunday between 23:00 hours and 05:00 hours; and for the supply of alcohol off the premises, Monday to Sunday between 00:00 hours and 24:00 hours.

 

The Sub-Committee is recommended to consider the application for a Premises Licence to be granted at Offerton Green Service Station, Marple Road, Stockport.

 

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 Manor Retail Group Ltd for a new premises licence at Offerton Green Service Station, Marple Road, Offerton to permit late night refreshment (indoors), Monday to Sunday between 23:00 hours and 05:00 hours; and for the supply of alcohol off the premises, Monday to Sunday between 00:00 hours and 24:00 hours.

 

Representatives of the applicant attended the meeting and answered Councillors’ questions in relation to the application. At this stage in the proceedings, the applicant indicated that they would be prepared to amend the application to include a further condition relating to the provision of CCTV which had been negotiated with representatives of Greater Manchester Police, as follows:-

 

“A digital hard drive CCTV system shall be in operation to cover internal external area of the premises.  Any area where customers have legitimate access must be sufficiently illuminated for the purposes of CCTV.  All CCTV recorded images shall have sufficient clarity/ quality/ definition to enable facial recognition.  CCTV shall be kept in an unedited form for a minimum period of 28 days.  CCTV images/ recordings must display the correct time and date.  Any DVDs/ USB devices/ media devices subsequently produced shall be in a form that it can be played back on a standard personal computer or standard DVD player.  Any person left in charge of the premises must be trained in the use of any such CCTV equipment and be able to produce/ download/ burn CCTV images upon request by a person from a responsible authority (subject to Data Protection legislation).  CCTV shall be maintained on a regular basis and kept in good working order.”

 

Two objectors to the proposal 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.

 

There were no representations 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 relevant representations had been raised in respect of this licensing objective, specifically the representations asserted that that the granting of the licence would exacerbate existing problems with anti-social behaviour in the locality and cause the premises to become a target of crime.

 

(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 raised in respect of this licensing objective, specifically the representations asserted that the granting of the licence would cause an increase in noise nuisance associated with an intensification of the existing use of the premises; and result in an increase in litter associated with the application for late night refreshment.

 

However, while the Sub-Committee had great sympathy with the concerns expressed by local residents and the Stepping Hill Area Committee, there was an absence of any objective evidence to substantiate the grounds of the objections, and nor had there been any representations made by any of the responsible authorities in relation to these matters. 

 

The Sub-Committee also noted with approval the content of the applicant’s operating schedule in respect of the prevention of crime and disorder and prevention of public nuisance licensing objectives, and specifically highlighted the requirement that regular checks would be carried out  ...  view the full minutes text for item 5.