Agenda and minutes

Licensing, Environment & Safety Sub-Committee A
Thursday, 2nd September, 2021 6.00 pm

Venue: Committee Room 2, Town Hall. View directions

Contact: Damian Eaton  (0161 474 3207)

Media

Items
No. Item

1.

Minutes pdf icon PDF 183 KB

To approve as a correct record and sign the Minutes of the meeting held on 27 January 2021.

Additional documents:

Minutes:

The Minutes of the meeting held on 27 January 2021 (copies of which had been circulated) 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.

Additional documents:

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 review the Premises Licence at the Last Post, 95-97 Stockport Road, Marple) as appendices to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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.

Additional documents:

Minutes:

RESOLVED - That notwithstanding the submission of information as part of Agenda Item 5 – ‘Licensing Act 2003: Application to review the Premises Licence at the Last Post, 95-97 Stockport Road, Marple’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the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).

Additional documents:

Minutes:

No public questions were submitted.

5.

Licensing Act 2003: Application to review the Premises Licence at the Last Post, 95-97 Stockport Road, Marple pdf icon PDF 273 KB

To consider a report of the Corporate Director (Place) & Deputy Chief Executive.

 

The report details an application from Stockport Metropolitan Borough Council (Licensing Authority) to review the Premises Licence for Red and Black Ltd trading as The Last Post 95-97 Stockport Road, Marple SK6 6AA due to failure to adequately promote the licensing objectives of, the prevention of crime and disorder, public safety, public nuisance and the protection of children from harm.

 

The Sub-Committee is recommended to consider the application for the review of the Premises Licence at The Last Post 95-97 Stockport Road, Marple.

 

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

Additional documents:

Minutes:

A representative of the Corporate Director (Place) & Deputy Chief Executive submitted a report (copies of which had been circulated) detailing an application from Stockport Metropolitan Borough Council (Licensing Authority) being a responsible authority under the Licensing Act 2003 and exercising its statutory function to promote the prevention of crime and disorder, public safety, public nuisance and the protection of children from harm licensing objectives, to review the Premises Licence for Red and Black Ltd trading as The Last Post 95-97 Stockport Road, Marple SK6 6AA.

 

A representative of the Stockport Licensing Authority supported in their application for a review by Greater Manchester Police, Environmental Health and four residents, all having made valid representations, attended the meeting and answered Councillors’ questions in relation to the application

 

The Premises Licence Holder also attended the meeting and answered Councillors’ questions in relation to the application.

 

The Sub-Committee, having heard the interested parties, proceeded to consider the prevention of crime and disorder licensing objective 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 arguments given in relation to this specific application.

 

It was then

 

RESOLVED – That having heard the application for a review of the premises licence at Red and Black Ltd trading as The Last Post 95-97 Stockport Road, Marple made by the Licensing Authority and having considered all the evidence presented, the Sub-Committee was satisfied that the premises had demonstrated its inability to satisfactorily address the prevention of crime and disorder, public safety, public nuisance and the protection of children from harm licensing objectives on the following grounds:-

 

·         Repeated incidents of noise nuisance and anti-social behaviour;

·         A failure to comply with restrictions imposed under the Coronavirus Restrictions Regulations;

·         A failure to provide CCTV footage as required under condition on the existing premises licence;

·         The use of unlicensed door staff at the premises;

·         A failure to provide effective management and control of patrons on the premises; and

·         Allegations that the premises supplied alcohol to underage patrons.

 

In arriving at this view, the Sub-Committee considered the evidence included within the application for the Review of the Premises Licence submitted by the Licensing Authority; written and oral representations made by members of the public and the representations in support of the review submitted by the responsible authorities, namely Greater Manchester Police and Environmental Health; and balanced this against the written and oral evidence submitted by the premises licence holder.

 

The Sub-Committee was of the view that there had been significant and repeated failures by the premises to comply with the conditions of its premises licence, which demonstrated a sustained disregard for the licensing objectives.

 

However, it also noted that the premises had subsequently operated successfully and compliantly since the application for a Review of the licence had been made which demonstrated that it was possible for the premises to operate in accordance with the licensing objectives.

 

The Sub-Committee considered the additional submission made on behalf of the licensing authority outlining a series of amendments and supplementary conditions they would seek to have imposed on the premises licence and the Sub-Committee agreed firstly that these were both appropriate and necessary to satisfactorily address the licensing objectives subject to the amendment of Condition 5 such that the supply of alcohol in the external terraced area only shall only be ancillary to the taking of a table meal.  It was noted that this would have the effect of permitting the sale of alcohol without a meal inside the premises.

 

The Sub-Committee also agreed that it would be further appropriate and necessary to impose an additional condition such that a Challenge 25 policy be introduced at the premises.

 

Accordingly, the Sub-Committee has given approval to the imposition of these amendments to and conditions on the premises licence.