Agenda and minutes

Licensing, Environment & Safety Sub-Committee B
Monday, 7th January, 2019 6.00 pm

Venue: Room 206, Town Hall. View directions

Contact: Damian Eaton  (0161 474 3207)

Items
No. Item

1.

Minutes pdf icon PDF 57 KB

To approve as a correct record and sign the Minutes of the meeting held on 22 October 2018.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 22 October 2018 were approved as a correct record and signed by the Chair.

2.

Declarations of Interest

Councillors and officers are invited to declare any interests which they have in any of the items on the agenda for the meeting.

Minutes:

Councillors and officers were invited to declare any interests which they had in any of the items on the agenda for the meeting.

 

No declarations were made.

3.

Exclusion of the Public and the Public Interest Test

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 New Premises Licence at Blackshaw’s Café, 28-29 Market Place, Stockport) as appendices to the report contained information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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.

Minutes:

RESOLVED – That notwithstanding the submission of information as part of Agenda Item 5 – ‘Licensing Act 2003: Application for a New Premises Licence at Blackshaw’s Café, 28-29 Market Place, Stockport’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the public to be excluded from the meeting.

4.

Public Question Time

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).

Minutes:

No public questions were submitted.

5.

Licensing Act 2003: Application for a New Premises Licence at Blackshaws Cafe, 28-29 Market Place, Stockport pdf icon PDF 78 KB

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

 

The report details an application application from Blackshaws Market Place Limited for a premises licence to be granted under the Licensing Act 2003 to permit the supply of alcohol (on and off the premises) Monday to Sunday between 10:00 and 22:30 and the exhibition of film (on the premises) Monday to Sunday betweeb 10:00 and 22:30 at Blackshaws Café, 28-29 Market Place, Stockport.

 

The Sub-Committee is recommended to consider the application for a new premises licence at Blackshaws Café, 28-29 Market Place, Stockport.

 

Officer contact: Peter Cooke on 0161 474 4581 or email: peter.cooke@stockport.gov.uk

Additional documents:

Minutes:

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 Blackshaws Market Place Limited for a new premises licence at Blackshaws Café, 28-29 Market Place, Stockport. to permit the supply of alcohol (on and off the premises) Monday to Sunday between 10:00 and 22:30 hours and the exhibition of film (on the premises) Monday to Sunday between 10:00 and 22:30 hours.

 

The applicant and their representative attended the meeting, presented their application, and answered Councillors’ questions in relation to the application.  At this stage in the proceedings, the applicant also informed the Sub-Committee that they would offer amendments to their application to exclude from the scope of the application that part that related to the exhibition of film and to include a further condition requiring the erection of notices at the exit to the premises requesting that patrons leave the premises quietly and quickly out of respect for residents.

 

Four objectors to the proposal who, having previously submitted written representations in relation to this application, also attended the meeting, explained their objections to the proposals and answered Councillors’ questions in relation to the application.

 

There were no representations made by any responsible authority.

 

The Sub-Committee, having heard the 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 for Digital, Culture, Media 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 relevant representations had been received in respect of the prevention of public nuisance licensing objective - specifically the representations asserted that the grant of a premises licence at this location would exacerbate existing levels of disturbance and noise nuisance being experienced in the locality and would result in an increase in litter and detritus associated with patrons smoking outside the premises.

 

However, the Sub-Committee noted with approval the content of the applicant’s operating schedule in respect of the prevention of public nuisance licensing objective, specifically that the exterior of the building would be cleared of litter at regular intervals and that the emptying of bins into skips and refuse collections would not take place between 23.00 hours and 07.00 hours.

 

The Sub-Committee had great sympathy with the concerns expressed by local residents and the representative of Johnnie Johnson Housing, however the Sub-Committee also took account of the setting of the premises, being within a busy town centre location adjacent to a number of premises with similar or associated uses. 

 

However, while the Sub-Committee noted with approval the amendments to the original application proposed by the applicant that served to mitigate against some of the concerns expressed in the representations relating to noise disturbance, the Sub-Committee determined that in order to properly address the prevention of public nuisance licensing objective, it would be necessary and appropriate to reduce by 30 minutes the terminal hour for the supply of alcohol on and off the premises such that the approved hours shall be between 10:00 and 22.00 hours, Monday to Sunday.

 

It was then

 

RESOLVED – (1) That the hours for the supply of alcohol for consumption on and off the premises to be approved from 10:00 to 22.00 hours, Monday to Sunday.

 

(2) That the stated, standard opening hours be noted as being from 08:00 to  ...  view the full minutes text for item 5.