Agenda and minutes

Licensing, Environment & Safety Sub-Committee A
Wednesday, 8th May, 2019 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 58 KB

To approve as a correct record and sign the Minutes of the meeting held on 28 February 2019.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 28 February 2019 were approved as a correct record and signed by the Chair.

2.

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 a new premises licence at Boteega Bar, 281-285 London Road, Hazel Grove) as appendices to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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Application for a new premises licence at Boteega Bar, 281-285 London Road, Hazel Grove’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the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.

3.

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.

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 Boteega Bar, 281-285 London Road, Hazel Grove pdf icon PDF 103 KB

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

 

The report details an application from PTI Group Limited for a new premises licence to be granted at Boteega Bar, 281-285 London Road, Hazel Grove, Stockport.

 

The Sub-Committee is recommended to consider the application for a new premises licence at Boteega Bar, 281-285 London Road, Hazel Grove.

 

Officer contact: Sarah Tooth on 0161 474 44176 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 PTI Group Limited for a new premises licence to be granted at Boteega Bar, 281-285 London Road, Hazel Grove, Stockport to permit the playing of live music (indoors) Sunday to Thursday 12:00 – 01:00, Friday to Saturday 12:00 – 0300; the playing of recorded music (indoors) Sunday to Thursday 12:00 – 01:00 and Friday to Saturday 12:00 – 0300; the

performance of dance (indoors) Sunday to Thursday 12:00 – 01:00 and Friday to Saturday 12:00 – 0300; and the supply of alcohol (on the premises) Sunday to Thursday 12:00 – 01:00 and Friday to Saturday 12:00 – 0300.

 

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:-

 

·         to employ an SIA registered member of doorstaff on a Thursday and Sunday from 21:00 hours to the terminal hours for licensable activity in addition to the provision already provided for in the operating schedule; and

·         that Mr Danny Bowen shall not be involved in the management, operation or otherwise be involved in the running of the premises.

 

Three objectors to the proposal, including a representative of Stockport Licensing Authority 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 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 it was the belief of the Licensing Authority that a former director of Boteega Lounge Limited that had previously held the premises licence would seek to transfer the premises licence back to him. 

 

The premises licence, when held by Boteega Lounge Limited had been revoked on the grounds 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 and 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.

 

(ii)        Protection of Children

 

The Sub-Committee was satisfied that relevant representations had been raised in respect of this licensing objective, specifically the representations asserted that it was the belief of the Licensing Authority that a former director of Boteega Lounge Limited that had previously held the premises licence would seek to transfer the premises licence back to him. 

 

The premises licence, when held by Boteega Lounge Limited had been revoked on the grounds 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 and 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.

 

(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 result in noise nuisance caused by noise breakout from amplified music from within the premises and from patrons using the outside seating area to the  ...  view the full minutes text for item 5.