Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 18 September 2019.

The Minutes (copies of which had been circulated) of the meeting held on 18 September 2019 were approved as a correct record and signed by the Chair.

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

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.

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 Variation of the Premises Licence at Casa de Moor, 60 Heaton Moor Road) as appendices to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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.

RESOLVED – That notwithstanding the submission of information as part of Agenda Item 5 – ‘Licensing Act 2003: Application for a Variation of the Premises Licence at Casa de Moor, 60 Heaton Moor Road’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the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.

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).

No public questions were submitted.

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

The report details an application from Mr Neil Satmaz for a variation of the premises licence at Casa de Moor, 60 Heaton Moor Road to extend the timings for the sale of alcohol and the playing recorded music and to add the provision of late night refreshment in addition to the removal of the existing conditions on the licence, and their replacement with a further schedule of conditions.

The Sub-Committee is recommended to consider the application for the variation of the premises licence at Casa de Moor, 60 Heaton Moor Road.

Officer contact: Sarah Tooth on 0161 474 44176 or email: sarah.tooth@stockport.gov.uk

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) detailing an application from Mr Neil Satmaz for a variation of the premises licence at Casa de Moor, 60 Heaton Moor Road to extend the timings for the sale of alcohol and the playing recorded music and to add the provision of late night refreshment in addition to the removal of the existing conditions on the licence, and their replacement with a further schedule of conditions.

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 exclude from its scope that element that proposed the removal of a series of conditions previously imposed on the licence relating to the control of noise that had afforded a degree of protection to local residents.  Consequently, the applicant now proposed to remove only those two conditions that related to the requirement to employ SIA registered door staff on Fridays and Saturdays; and the closure of windows and doors after 19.00 hours.

Three objectors to the proposal, 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 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 raised in respect of this licensing objective, specifically the representations asserted that the proposed variation of the premises licence would result in a return to previously reported problems of noise nuisance from amplified music and exacerbate issues of general disturbance experienced in the locality.

The Sub-Committee noted that the applicant had offered to amend their application to retain a number of conditions on the premises licence.  However, the Sub-Committee was of the view that while the schedule of new and existing conditions on the licence would largely serve to mitigate against issues of public nuisance associated with noise, in the light of the representations made, and the proposed removal of the SIA door staff, in order to properly address the prevention of public nuisance licensing objective it would be necessary to impose additional conditions on the licence specifically:-

·         that that the external area shall be cleared of patrons 30 minutes prior to the end of licensable activity Friday-Sunday; and

·         that all doors and windows shall remain closed after 21:00 hours except for access and egress.

It was then

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

·         09.00 to 23.30, Sunday to Thursday.

·         09.00 to 00.00, Friday and Saturday.

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

·         09.00 to 23.30, Monday to Thursday.

·         09.00 to 00.00, Friday and Saturday.

·         09.00 to 23.00 on Sunday.

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

·         23.00 to 23.30, Monday to Thursday.

·         23.00 to 00.00, Friday and Saturday.

(4)  ...  view the full minutes text for item 5.