Agenda and minutes

To approve as a correct record and order that the Minutes of the meeting held on 23 September and 8 and 16 December 2020 be signed.

The Minutes (copies of which had been circulated) of the meetings held on  23 September and 8 and 16 December 2020 were approved as a correct record.

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 item 5 (Licensing Act 2003: Application for a Premises Licence to be granted at 103 Bloom Street, Edgeley) as appendices to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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Act 2003: Application for a Premises Licence to be granted at 103 Bloom Street, Edgeley’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the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 (Place) and Deputy Chief Executive.

The report details an application received from Monika Pyka for a new premises licence to be granted under the Licensing Act 2003 at 103 Bloom Street, Edgeley to permit the supply of alcohol off the premises Monday to Sunday 07:00 to 23:00 hours.

The Sub-Committee is recommended to consider the application for a Premises Licence to be granted at 103 Bloom Street, Edgeley.

Officer contact: Sarah Tooth on 0161 474 4176 or email: sarah.tooth@stockport.gov.uk

A representative of the Corporate Director (Place) and Deputy Chief Executive submitted a report (copies of which had been circulated) detailing an application received on behalf of Monika Pyka for a new premises licence to  be granted under the Licensing Act 2003 at 103 Bloom Street, Edgeley to permit the supply of alcohol off the premises, Monday to Sunday 07:00 to 23:00 hours.

The applicant and her representatives attended the meeting and made representations to the Sub-Committee in relation to their application.  The Sub-Committee was advised that the applicant wished to refer to information, including a modified operating schedule, that had not been disseminated to all parties in advance of the hearing.

At 7.10 pm it was

RESOLVED – That the meeting be adjourned until 6.00 pm on Thursday, 11 February 2020.

The meeting reconvened at 6.00 pm on Thursday, 11 February 2020.

The Chair outlined the changes to the applicant’s operating schedule that had been circulated to all parties in advance of the reconvened hearing.

The applicant and here representatives were then afforded the opportunity to clarify any of the points raised in the revised operating schedule, make any further comments in support of the application and then responded to Councillors’ questions in relation to the application.

Ten 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 relevant representations had been raised in respect of this licensing objective, specifically, the representations asserted that the granting of the licence would result in the potential risk of further anti-social behaviour in the vicinity of the premises.

(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 a licence to permit the sale of alcohol would:-

·         with specific reference to the late hours of operation, result in an intensification of the patronage of the premises that would give rise to public nuisance by virtue of noise caused by patrons exiting and leaving the premises in addition to the necessary noise and disturbance caused through the normal operation of closing of the premises and from staff leaving the premises later into the evening.

·         result in an increase in littering within the immediate vicinity of the premises.

·         result in nuisance by way of light spillage into residential properties within the immediate locality.

The Sub-Committee noted with approval the content of the applicant’s revised operating schedule with regard to both the prevention of crime and disorder and public nuisance licensing objectives, specifically the provision of a CCTV system, the provision of a litter bin outside the premises and the commitment that no exterior lighting shall cause nuisance to nearby residents. 

However, the Sub-Committee was of the view that in order to satisfactorily address this prevention of public nuisance licensing objective it would be necessary and appropriate to reduce the proposed hours for the provision of alcohol for consumption off the premises to between 08.00 hours and 21.00 hours, Sunday to Thursday, and 08.00 hours to 22.00 hours, Friday and Saturday.

It was then

RESOLVED – (1) That the hours for the supply of alcohol off the premises be approved from:-

·         08.00 to 21.00 hours, Sunday to Thursday.

·         08.00 to 22.00 hours, Friday and Saturday.

(2) That approval be given to the imposition of those conditions proposed by the applicant as part of their revised operating schedule to appear on the premises licence in addition to the mandatory conditions.