Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 17 July 2014.

The minutes of the meeting held on 17 July 2014 (copies of which had been circulated) 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 for a Review the Premises Licence at Metropolitan Wines, Bramhall) as appendices to the report contains information ‘not for publication’ by virtue of Category 1 of Schedule 12A ‘Information relating to any individual’ as set out in the Local Government Act 1972 (as amended), the disclosure of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.

The representative of the Chief Officer of Greater Manchester Police advised the Sub-Committee that notwithstanding their original submission that appendices to Agenda Item 5 – ‘Licensing Act 2003: Application for a Review of the Premises Licence at Metropolitan Wines, Bramhall’ should be restricted by virtue of their containing material which related to an individual and that it was not in the public interest to disclose that information, it was now their revised view that the public should not be excluded for any part of the consideration of the review application.

RESOLVED – That having considered the request from the representative of the Chief Officer of Greater Manchester Police, the Sub-Committee was of the view that the public interest in excluding the public outweighed any public interest in conducting the hearing in public and therefore the public be excluded from the meeting during consideration of the ‘not for publication’ appendices for Agenda Item 5 in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005.

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).

No public questions were submitted.

To consider  a report of the Corporate Director for Place Management and Regeneration.

The report details an application from the Chief Officer of Greater Manchester Police for a review of the premises licence at Metropolitan Wines, Fir Road, Bramhall.

The Sub-Committee is recommended to consider the application for a review of the premises licence at Metropolitan Wines, Fir Road, Bramhall.

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) detailing an application submitted on behalf of the Chief Officer of Greater Manchester Police, being a responsible authority under the Licensing Act 2003 exercising his statutory function to protect children from harm, for a review of the premises licence for Metropolitan Wines, Fir Road, Bramhall under Section 51 of the Licensing Act 2003.

Representatives of the Chief Officer of Greater Manchester Police and persons making relevant representations in addition to the Premises Licence Holder and his representative attended the meeting and answered Councillors’ questions in relation to the application.

The Sub-Committee heard submissions from the representatives of the Chief Officer of Greater Manchester Police that the premises had been responsible for the sale of alcohol to underage patrons and assertions that the Premises Licence Holder had otherwise engaged in associated inappropriate behaviour.  The Sub-Committee also heard additional evidence from an interested party that the Premises Licence Holder had been the subject of racist abuse and that his premises provided a valuable service to local residents.

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 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 Metropolitan Wines, Bramhall made by the representative of the Chief Officer of Greater Manchester Police and having considered all the evidence presented, the Sub-Committee was satisfied that the premises had demonstrated its inability to satisfactorily address the protection of children from harm licensing objective by virtue of the evidenced cases whereby the licensee had knowingly sold alcohol on a number of occasions to underage patrons.  The Sub-Committee was of the view that there were no additional conditions that could be attached to the licence that would ameliorate the concerns expressed by Greater Manchester Police during the course of the hearing and accordingly determined that the Premises Licence should be revoked.