Agenda and minutes

Licensing, Environment & Safety Sub-Committee A
Thursday, 28th February, 2019 6.00 pm

Venue: Sir A. Brumwell Thomas Meeting Room, Ground Floor, Town Hall. View directions

Contact: Damian Eaton  (0161 474 3207)

Items
No. Item

1.

Minutes pdf icon PDF 47 KB

To approve as a correct record and sign the Minutes of the meeting held on 7 November 2018.

Minutes:

The Minites (copies of which had been circulated) of the meeting held on 7 November 2018 were approved as a correct record and sgiend 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 interests were declared.

3.

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.

4.

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 for a new Premises Licence at MRH Red Lion, 83a Stockport Road, Cheadle, Stockport) as appendices to the report contained information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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 for a New Premises Licence to be graned a MRH, Red Lion Petrol Station, 83A Stockport Road, Cheadle’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the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.

5.

Licensing Act 2003: Application for a new premises licence to be granted at MRH, Red Lion Petrol Station, 83A Stockport Road, Cheadle pdf icon PDF 79 KB

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

 

The report details an application received from Malthurst Limited for a new premises licence to be granted at MRH Red Lion Petrol Station, 83a Stockport Road, Cheadle to permit late night refreshment 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 MRH Red Lion Petrol Station, 83a Stockport Road, Cheadle.

 

Officer contact: Sarah Tooth on 0161 474 4162 or email: sarah.tooth@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) detailing an application from Malthurst Limited for a new premises licence to be granted at MRH Red Lion Petrol Station, 83a Stockport Road, Cheadle to permit late night refreshment 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 as follows:-

 

·         reduce the hours for the supply of alcohol off the premises to between 07.30 and 22.00 hours, Monday to Sunday.

·         exclude late night refreshment from the scope of the application; and

·         amend the operating schedule to include additional provisions relating to staff training, the maintenance of a refusals and incident books, prohibiting the sale of single cans of beer, lager or cider (i.e. not splitting multipacks), and no sales of beers, ales, lagers or ciders with an ABV of over 5.5%.

 

Four 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.  Additional members of the public were also in attendance at the meeting.

 

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 the granting of the licence would exacerbate existing problems with anti-social behaviour in the locality and contribute to the premises becoming a further target for 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 nuisance associated with noise and light by intensifying the existing use and extending the hours of operation of the premises.

 

While the Sub-Committee had great sympathy with the concerns expressed by local residents, there was an absence of any specific 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.  Moreover, the amendments offered by the applicant largely obviated the grounds of the relevant representations.

 

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 proposed conditions relating to the operation of a CCTV system and the provision of waste receptacles.

 

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

 

It was then

 

RESOLVED – (1) That the hours for the supply of alcohol for consumption off the premises to be approved from 07.30 and 22.00 hours, Monday to Sunday.

 

(2) That it be noted that the applicant had amended their application to exclude late  ...  view the full minutes text for item 5.