Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 15 May 2013.

The Minutes (copies of which had been circulated) of the meeting held on 15 May 2013 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 consideration of agenda item 5 (Licensing Act 2003: Application to vary a Premises Licence at Napa Bar) as the appendices to the report contains information ‘not for publication’ by virtue of Category 1 of Schedule 12A ‘Information relating to any individual’ as set out in the Local Government Act 1972 (as amended), the disclosure of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Application to Vary a Premises Licence at Napa, 9-11, Bramhall Lane South, Bramhall’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be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 of interest 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 Corporate Director for Place Management and Regeneration.

The report details an application from Mixx Restaurants Ltd t/a Napa for the variation of the premises licence to extend the finish times for the provision of recorded music and the supply of alcohol on the premises. Mixx Restaurants Ltd seeks to extend the hours to 02.00 on Friday and Saturday and 01.00 Sunday to Thursday and an additional 1 hour on New Year’s Eve.

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

Officer contact: Caitriona Muldoon on 474 4162 or email caitriona.muldoon@stockport.gov.uk

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) requesting the Sub-Committee to consider an application from Mixx Restaurants Ltd t/a Napa for the variation of the premises licence to extend the finish times for the provision of recorded music and the supply of alcohol on the premises. Mixx Restaurants Ltd seeks to extend the hours to 02.00 hours on Friday and Saturday and 01.00 hours Sunday to Thursday and an additional 1 hour on New Year’s Eve.

The applicants attended the meeting and answered Councillors’ questions in relation to the application.  The Sub-Committee considered one written objection to the proposed variation. There were no representations made by any responsible authority.

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.

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 a relevant representation had been raised in respect of this licensing objective, namely that there were two external drinking areas which the objector had stated were already very noisy at weekends and further that although the bar had adequate café style doors, they were seldom closed in the summer months, and so flooded the area with recorded music.  However, the Sub-Committee noted with approval the content of the applicant’s operating schedule with regard to this licensing objective and determined that no further conditions were necessary in order to address this licensing objective.

It was then

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

11:00 to 01:00 hours, Sunday to Thursday;

11:00 to 02:00 hours, Friday and Saturday;

An additional one hour on New Year’s Eve

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

09:00 to 00:30 Monday to Wednesday

09:00 to 01:00 Thursday

09:00 to 02:00 Friday and Saturday

09:00 to 01:00 Sunday

An additional one hour on New Year’s Eve.

(3) That the stated, standard opening hours be noted as follows:

09:00 to 03:00 Monday to Wednesday

09:00 to 01:30 Thursday

09:00 to 02:30 Friday and Saturday

09:00 to 01:30 Sunday

(4) That Mixx Restaurants Ltd should employ Security Industry Authority (SIA) registered door supervisors at the premises on a risk assessed basis when any regulated entertainment is being offered and the company’s health and safety policy be monitored by the management on a regular basis.  The number of required SIA door staff for any event shall be at the discretion of the holder of the premises licence / Designated Premises Supervisor and the decision to employ a specific number of SIA door staff for that particular event will form part of the management’s on going risk assessment

(5) That all doors and windows be closed after 22:00 hours to prevent noise nuisance and guests shall be reminded when leaving to be respectful to neighbours and that this should be monitored.

(6) That the premises shall continue to adopt an over 21 policy for alcoholic drinks when visiting as a non-diner.