Agenda and minutes

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

The Minutes (copies of which had been circulated) of the meeting held on 10 December 2014 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to Review the Premises at Spiceland, 67a Wellington Road South) as appendices to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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.

RESOLVED – That notwithstanding the submission of information as part of Agenda Item 5 - ‘Licensing Act 2003: Application to Review the Premises Licence at Spiceland, 67a Wellington Road South’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be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).

No public questions were submitted.

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

The report details an application by Stockport Council (Licensing Authority) for the Review of a Premises Licence under Section 51 of the Licensing Act 2003 at Spiceland Off Licence (Stockport Night Shop)

(NOTE: This report has a 'not for publication' appendix which will be circulated to members of the Sub-Committee only).

The Sub-Committee is recommended to consider the application for a review of the premises licence at Raja Bros, 296 Gorton Road, Reddish.

Officer contact: Patrick Ware on 0161 474 4188 or email: patrick.ware@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 made by a representative of the Stockport Licensing Authority 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 Spiceland, 67a Wellington Road South.

A representative of the Stockport Licensing Authority and a representative of the Chief Officer of Greater Manchester Police, having made a relevant representation, 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, 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 licence at Spiceland, 67A Wellington Road, South, Stockport made by a representative of the Stockport Licensing Authority and as supported by a representative of the Chief Officer of Greater Manchester Police, and having considered all the evidence presented, the Sub-Committee was satisfied that the premises has demonstrated its inability to satisfactorily address the protection of children from harm licensing objective by virtue of both the evidenced case of 17 October 2014 whereby the premises had sold alcohol to an underage patron and the multiple breaches of conditions on the premises licence; specifically those relating to a proof of ID policy; signage supporting civil recovery schemes, anti-social behaviour and drink driving initiatives; proof of age display materials; proxy sales warning notices and the maintenance of a refusals register.

The Sub-Committee is of the view that in order to satisfactorily address the protection of children from harm licensing objective it will be necessary to remove the current Designated Premises Supervisor with immediate effect and further that the premises licence be suspended for a minimum period of 30 days and then subsequently until such a point that a suitable qualified person can be appointed to that position.