Agenda and minutes

Licensing, Environment & Safety Sub-Committee B
Monday, 13th May, 2019 6.00 pm

Venue: Committee Room 2, Town Hall. View directions

Contact: Damian Eaton  (0161 474 3207)

Items
No. Item

1.

Minutes pdf icon PDF 52 KB

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

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 11 February 2019 were approved as a correct record and signed by the Chair.

2.

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 items 5 (Licensing Act 2003: Application for a new premises licence to be granted at Mercedes -Benz of Stockport, Brighton Road, Stockport) as appendices to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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.

Minutes:

RESOLVED – That notwithstanding the submission of information as part of Agenda Item 5 – ‘Licensing Act 2003: Application for a new premises licence to be granted at Mercedes -Benz of Stockport, Brighton Road, Stockport’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the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.

3.

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 interests were declared.

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 to be granted at Mercedes -Benz of Stockport, Brighton Road, Stockport pdf icon PDF 80 KB

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

 

The report details an application from LSH Auto UK Limited for a new premises licence to be granted at Mercedes- Benz of Stockport, Brighton Road, Stockport to permit the supply of alcohol on the premises, Monday to Sunday between 11:00 and  01:00 hours and the exhibition of films (indoors), Monday to Sunday between 11:00 – 01:00 hours.

 

The Sub-Committee is recommended to consider the application for a new Premises Licence to be granted at Mercedes- Benz of Stockport.

 

Officer contact: Sarah Tooth on 474 4176 or email: sarah.tooth@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) detailing an application from for a new premises licence to be granted at Mercedes- Benz of Stockport, Brighton Road, Stockport to permit the supply of alcohol on the premises, Monday to Sunday between 11:00 and  01:00 hours and the exhibition of films (indoors), Monday to Sunday between 11:00 – 01:00 hours.

 

Representatives of the applicant attended the meeting and answered Councillors’ questions in relation to the application. At this stage in the proceedings, the applicant indicated that they would be prepared to amend the application to reduce the hours for licensable activity to no later than 22:00 hours Monday to Sunday save for the last day in February and on 31 August,  each year, when the hours for licensable activity shall be until 01:00 hours the following day.

 

Three 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.  Further members of the public were also in attendance at the meeting.

 

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 raised in respect of this licensing objective, specifically the representations asserted that the granting of the licence would result in the extension of the hours, beyond the normal operational hours of the premises, during which local residents would be subject to light pollution and noise nuisance from patrons entering and leaving the premises late at night.

 

The Sub-Committee also noted that a significant number of the representations contained additional grounds of objection that that related to the public safety and crime and disorder licensing objectives.  However, these representations were not supported by the evidence necessary to substantiate the grounds of the objections and as such had not been considered to be ‘relevant’ in the context of the licensing legislation by the Licensing Authority in advance of this hearing.  As such, they could not carry any weight in the Sub-Committee’s determination.

 

The Sub-Committee noted that the applicant had offered to amend their application to reduce the hours for licensable activity which would serve to ameliorate the concerns of local residents in relation to disturbance late at night. 

 

The Sub-Committee also noted with approval the content of the applicant’s operating schedule in respect of the prevention of public nuisance licensing objective.

 

The Sub-Committee therefore determined that no further conditions were necessary in order to address the prevention of public nuisance licensing objective.

 

It was then

 

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

 

·         from 11:00 to 22:00 hours, Monday to Sunday; and

·         from 11:00 to 01:00 the following day on the last day in February and on 31 August, each year.

 

(2) That the hours for the exhibition of films (indoors), be approved as follows:-

 

·         from 11:00 to 22:00 hours, Monday to Sunday; and

·         from 11:00 to 01:00 the following day on the last day in  ...  view the full minutes text for item 5.