Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 29 November 2011.

The Minutes (copies of which had been circulated) of the meeting held on 29 November 2011 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.

No declarations were made.

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 and at local libraries and information centres).

No public questions were submitted.

To consider a report of the Service Director (Place Management).

The report details an application from Peter Cooke (Trading Standards Team Manager) on behalf of the Head of Environmental Health and Trading Standards at Stockport Council for a Review of the Premises Licence for Dorchester News & Convenience Store.

The Sub-Committee is recommended to consider the application for the review of the Premises Licence at Dorchester News & Convenience Store, Hazel Grove.

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

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) detailing an application on behalf of The Head of Environmental Health and Trading Standards at Stockport Council, being a responsible authority under the Licensing Act 2003 exercising its statutory function to protect children from harm, for a review of the premises licence at Dorchester News and Convenience Store, 12 Dorchester Parade, Hazel Grove, under Section 51 of the Licensing Act 2003.

A representative of The Head of Environmental Health and Trading Standards, the Chief Officer of Greater Manchester Police, and the Licence Holder and his representative attended the meeting and answered Councillors’ questions in relation to the application.

The Sub-Committee heard submissions from the representative of the Head of Environmental Health and Trading Standards that there had been a number of allegations that the premises had repeatedly supplied age restricted products to under age persons.  The representative of the Chief Officer of Greater Manchester Police further reported that the premises had subsequently failed to submit copies of CCTV footage to the police upon request so as to prove or disprove the allegations.

The Sub-Committee, having heard the interested parties, proceeded to consider the protection of children from harm 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 Culture, Media and Sport.  However, the decision was reached on consideration of all the arguments given in relation to this specific application.

It was then

RESOLVED – That having heard the application for a review of the premises at Dorchester News and Convenience Store, Hazel Grove made by the representative of The Head of Environmental Health and Trading Standards at Stockport Council and having considered all the evidence presented, the Sub-Committee was satisfied that the premises had repeatedly supplied age restricted products to under age persons.  Further, the Sub-Committee found that the premises had failed to comply with existing conditions on its licence, namely that the premises had failed to supply copies of CCTV footage upon request from Greater Manchester Police.  The Sub-Committee determined that in order to properly address the protection of children from harm licensing objective it would be necessary to:-

(i)         Suspend the premises licence for the supply of alcohol for consumption   off the premises for a period of two months to allow for a reasonable             period of time for the premises licence holder and representatives of    Environmental Health and Trading Standards to work together to    ensure that the conditions of the premises licence were fully    understood and enforced by the premises licence holder.

(ii)        Amend Condition 10 of the premises licence to read:

“That a refusals book be kept and used which will include a full description of the person attempting the purchase, what was attempted to be purchased and the reason for the refusal and that this be reviewed and signed off by management.”

(iii)       Amend Condition 15 of the premises licence to read:

            “That the front windows and doors be kept free of any obstructions.”

To consider a report of the Service Director (Place Management).

The report details an application from PC Chris Maginness on behalf of the Chief Officer of Greater Manchester Police for a Review of the Premises Licence for XXL Bar, Fletcher Street, Stockport.

The Sub-Committee is recommended to consider the application for the review of the Premises Licence at XXL Bar, Fletcher Street, Stockport.

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

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) detailing an application from the Chief Officer of Greater Manchester Police, being a responsible authority under the Licensing Act 2003 exercising its statutory function to prevent crime and disorder, for a review of the premises licence for XXL Bar, Fletcher Street, Stockport, under Section 51 of the Licensing Act 2003.

The representative of the Service Director (Place Management) reported that the Designated Premises Supervisor at the XXL Bar, Fletcher Street, Stockport, had requested that consideration of this application be adjourned in accordance with Section 11(1) of the Licensing Act 2003 (Hearings) Regulations 2005 due to a number of personal difficulties that he was currently being experiencing.  The representative of the Chief Officer of Greater Manchester Police indicated that he did not support the request.

The Sub-Committee considered that in the light of the personal circumstances of the Designated Premises Supervisor, and that in order to ensure that the application was given full and proper consideration with full knowledge of the facts pertaining to the case, that it would be reasonable and prudent to agree to the adjournment of the application.

At 7.50 pm it was

RESOLVED – That the meeting be adjourned

At 10.17 am on 9 February 2012 the meeting reconvened.

The Sub Committee were reminded that on 19 January 2012, the licence holder had requested an adjournment to enable him to seek legal advice.

A representative of the Service Director (Place Management) reported that the Council had received a letter on 2 February 2012 from the Designated Premises Supervisor at the XXL Bar, requesting that his licence be revoked and that he was no longer trading from the premises.

Representatives from Greater Manchester Police attended the meeting but the licence holder had indicated that neither he or a representative would be in attendance.

RESOLVED – That having considered all the evidence submitted by Chief Officer of Greater Manchester Police, being a responsible authority under the Licensing Act 2003 exercising its statutory function to prevent crime and disorder, and in the light of the unchallenged facts of the application; the Sub-Committee was satisfied that the premises had been associated with serious crime and disorder.  The Sub-Committee, having given consideration to the application for an adjournment of the hearing by the Premises Licence Holder, and the further letter submitted on 2 February 2012 stating that he wished to surrender his Premises Licence for XXL Bar, Fletcher Street, Stockport; the Sub-Committee was of the view that there were no conditions that could be attached to the licence that would ameliorate the concerns expressed by Greater Manchester Police and accordingly determined that the Premises Licence should be revoked.