Agenda and minutes

Licensing, Environment & Safety Sub-Committee B
Thursday, 19th December, 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 145 KB

To approve as a correct record and sign the Minutes of the meeting held on 11 November 2019.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 11 November 2019 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 interest which they had in any of the items on the agenda for the meeting.

 

No declarations were made.

3.

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.

4.

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 3-5 Bramhall Lane South, Bramhall) and 6 (Licensing Act 2003: Application for the classification of a film - "Trucker's Atlas") as appendices to the reports contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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.

Minutes:

RESOLVED – (1) That notwithstanding the submission of information as part of Agenda Item 5 – ‘Licensing Act 2003: Application for a New Premises Licence at 3-5 Bramhall Lane South, Bramhall’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the public to be excluded from the meeting.

 

(2) That the public be excluded from the meeting during the consideration of Agenda Item 6 – ‘Licensing Act 2003: Application for the Classification of a Film – Truckers Atlas’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 to allow the Sub-Committee to view a film which had not yet been classified for public exhibition.  It would not, on balance, be in the public interest to allow the unrestricted public viewing of the films prior to their classification by the Sub-Committee and therefore the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

5.

Licensing Act 2003: Application for a new premises licence at 3-5 Bramhall Lane South, Bramhall pdf icon PDF 156 KB

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

 

The report details an application from Liquid Art Group Limited for a new premises licence to permit the supply of alcohol on the premises and the playing of recorded music (indoors) to be granted at The Drawing Room, 3-5 Bramhall Lane South, Bramhall.

 

The Sub-Committee is recommended to consider the application for a new Premises Licence at The Drawing Room, 3-5 Bramhall Lane South, Bramhall.

 

Officer contact: Sarah Tooth on 0161 474 4176 or email: sarah.tooth@stockport.gov.uk

Additional documents:

Minutes:

A representative of the Corporate Director for Place Management & Regeneration reported that he had been notified that the applicant had been unable to attend the hearing due to previously unforeseen circumstances and had requested that the Sub-Committee give consideration to the adjournment of the hearing to allow the applicant the opportunity to present their application and respond to any questions.

 

RESOLVED – That consideration of this item be deferred until 6.00 pm on Monday, 6 January 2020.

6.

Licensing Act 2003: Application for the classification of a film - "Trucker's Atlas". pdf icon PDF 98 KB

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

 

The report details an application from Sarah Palmer for classification of one film for public exhibition in Stockport, specifically The Savoy Cinema.

 

The Sub-Committee is recommended to consider an application from Sarah Palmer to classify the film that has not been classified by the BBFC for public exhibition in Stockport.

 

Officer contact: Sarah Tooth on 0161 474 4176 or email: sarah.tooth@stockport.gov.uk

Additional documents:

Minutes:

A representative of the Corporate Director for Place Management & Regeneration submitted a report (copies of which had been circulated) detailing an application submitted by Sarah Palmer for the classification of one film (Trucker’s Atlas) for public exhibition at The Savoy Cinema, 105 Heaton Moor Road, Stockport.

 

It was noted that the recommendation made by the film maker upon age limit for the intended audience for exhibition of the film was 12A.

 

The Sub-Committee viewed the film as part of its consideration of the application.

 

The Sub-Committee then 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 BBFC Classification Guidance.

 

It was then

 

RESOLVED – That ‘Trucker’s Atlas’ be awarded a 12A rating for public exhibition on the grounds that the film contained occasional moderate swearing throughout, themes of repressed grief and one scene of a potentially graphic nature.

7.

Adjournment

Minutes:

At 6.25 pm, it was

 

RESOLVED – That the meeting be adjourned until 6.00 pm on Monday, 6 January 2020.

 

The meeting reconvened at 6.00 pm on Monday, 6 January 2020.

8.

Licensing Act 2003: Application for a new premises licence at 3-5 Bramhall Lane South, Bramhall (continued)

Minutes:

A representative of the Corporate Director for Place Management & Regeneration submitted a report (copies of which had been circulated) detailing an application received on behalf of Liquid Art Group Limited for a new premises licence to permit the supply of alcohol on the premises and the playing of recorded music (indoors) to be granted at The Drawing Room, 3-5 Bramhall Lane South, Bramhall.

 

The applicant attended the meeting and answered Councillors’ questions in relation to the application.

 

An objector to the proposal, having previously submitted a written representation in relation to the application, explained their objection and answered Councillors’ questions in relation to the application.

 

There was a further relevant written representation made on behalf of Stockport Planning 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 raised in respect of this licensing objective, specifically the representations asserted that the proposed hours for licensable activity extending late into the night on Friday and Saturdays would result in an unacceptable nuisance by virtue of noise disturbance: both from the playing of recorded music and from patrons leaving the premises in the early hours of the morning.

 

The Sub-Committee noted with approval the content of the applicant’s operating scheduled in respect of the prevention of public nuisance licensing objective, specifically that customers shall be dispersed gradually to in effort to minimise noise; that customers shall be asked to move on once they have left the premises; and that police shall be notified of any customers causing a nuisance.

 

The Sub-Committee had great sympathy with the concerns expressed as part of the objections, however, the Sub-Committee noted the setting of the premises within a District Centre and adjacent to premises with similar such uses and, in some circumstances, with approved hours for licensable activity not dissimilar to that which had been applied for as part of this application.

 

Having considered all of the available evidence, the Sub-Committee was of the view that there were no further conditions that were both necessary and appropriate in order to address the prevention of public nuisance licensing objective.

 

It was then

 

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

 

·         10:00 hours to midnight, Sunday to Thursday; and

·         10.00 hours to 02.00 hours, the following day, Friday and Saturday.

 

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

 

·         10:00 hours to midnight, Sunday to Thursday; and

·         10.00 hours to 02.30 hours, the following day, Friday and Saturday.

 

(3) That approval be given to the imposition of those conditions proposed by the applicant, as part of the application, to appear on the premises licence in addition to the mandatory conditions.

 

(4) That it be noted that notwithstanding the approval of this application, there remained controls on the hours of operation of the premises through the planning regime that would still serve to prevent the premises from operating beyond 00:30 hours on Fridays and Saturdays.