Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 19 January 2012.

The Minutes (copies of which had been circulated) of the meeting held on 19 January 2012 were approved as a correct record and signed by the Chair.

To consider whether it is in the public interest to exclude the public during the consideration of Agenda Item 5 (Licensing Act 2003: Application for a Variation of the Premises Licence at Piccolo, 61 Church Road, Gatley) as an appendix to the report contains information relating to an individual, the disclosure of which would not be fair and would therefore be in breach of Data Protection principles.

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Application for a Variation of the Premises Licence at Piccolo, 61 Church Road, Gatley which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be heard openly during the proceedings of the hearing, the public not be excluded from the meeting.

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 Bahman Rashidi Ali Mohamadi for the variation of the premises licence to include the provision of recorded music, outdoors in the restaurant’s courtyard.

The Sub-Committee is recommended to consider the application for a variation of the premises licence at Piccolo.

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

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Sub-Committee to consider an application from Bahman Rashidi Ali Mohamadi for the variation of the premises licence to include the provision of recorded music, outdoors in the restaurant’s courtyard at Piccolo, 61 Church Road.

The applicant’s representatives attended the meeting and answered Councillors’ questions in relation to the application together with a representative of Stockport Council’s Environmental Health and Trading Standards who attended the meeting to explain their objections to the proposals and answer Councillors’ questions in relation to the application.

An objector also attended the meeting, explained his objections to the proposals and answered Councillors’ questions in relation to the application.

The Sub-Committee having heard all 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 of Media, Culture and Sport.  However, the decision was reached on consideration of all the arguments given in relation to this specific application.

(i)         Public Nuisance

The Sub-Committee was satisfied that relevant representations had been made in respect of this licensing objective, namely that Environmental Health & Trading Standards and local residents were concerned that the premises had already been playing music externally with no licence to do so and that the playing of music outdoors would lead to the intrusion of noise into residents’ homes.

The Sub-Committee noted with approval the content of the applicant’s operating schedule, but determined that in order to properly address the licensing objective, it would be necessary to impose a further condition on the licence, namely that a permanent fixed sound limiting device must be fitted in accordance with the approval of the Environmental Health Department.

It was then,

RESOLVED – (1) That the hours for recorded music, outdoors be approved as follows:-

·         12:00 hours to 22.30 hours, Monday to Thursday.

·         12:00 hours to 23.00 hours, Friday and Saturday.

·         12:00 hours to 21.00 hours on Sunday.

(2) That a permanent fixed sound limiting device must be fitted in accordance with the approval of the Environmental Health Department.