Agenda and minutes

Licensing, Environment & Safety Sub-Committee B
Monday, 17th June, 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 13 May 2019.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 13 May 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  Premises Licence to be granted at Tarsier Spirit Ltd, Unit A5, Bankfield Trading Estate, Coronation Street) as appendices to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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to be granted at Tarsier Spirit, Unit A5, Bankfield Trading Estate, Coronation Street’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the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 Premises Licence to be granted at Tarsier Spirit Ltd, Unit A5, Bankfield Trading Estate, Coronation Street pdf icon PDF 76 KB

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

 

The report details an application received from Tarsier Spirit Ltd for a premises licence to be granted under the Licensing Act 2003 at Unit A5, Bankfield Trading Estate, Coronation Street to permit the supply of alcohol off the premises Monday to Sunday between 09:00- 17:00 hours.

 

The Sub-Committee is recommended to consider the application for a new premises licence at Unit A5, Bankfield Trading Estate, Coronation Street.

 

Officer contact: Sarah Tooth on 0161 474 44176 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 Tarsier Spirit Ltd for a new premises licence to be granted under the Licensing Act 2003 at Unit A5, Bankfield Trading Estate, Coronation Street to permit the supply of alcohol off the premises Monday to Sunday between 09:00- 17:00 hours.

 

Representatives of the applicant attended the meeting and answered Councillors’ questions in relation to the application.  A representative of the Greater Manchester Fire and Rescue Service who, having previously submitted a written representation in relation to this application, also attended the meeting, explained their objections to the proposals and answered Councillors’ questions in relation to the application. 

 

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 a relevant representation had been raised in respect of this licensing objective, specifically the representation asserted that the grant of a premises licence at this location would compromise public safety by virtue of the applicant’s failure to satisfy the Sub-Committee that fire safety measures had been adequately implemented to alleviate the concerns relating to the lack of a fire risk assessment; inadequate means of escape, emergency lighting and firefighting equipment; and the arrangements for the storage of ethanol within the premises.

 

The Sub-Committee noted that the applicant had subsequently entered into discussions with the Fire and Rescue Service in relation to a number of the concerns expressed within the objection, however, significant concerns remained with regard to the safe storage of the proposed quantities of ethanol within the premises.

 

The Sub-Committee noted the ongoing discussions between the applicant and the Fire and Rescue Service with regard to the obviating the concerns over the public safety licensing objective, however it was of the view that there was insufficient information currently available to the Sub-Committee to allow it to be satisfied there was suitable mitigation against those concerns.  Moreover, the Sub-Committee was not satisfied that those concerns could be addressed within a reasonable period to allow the Sub-Committee to adjourn proceedings to a later date. 

 

Finally, the Sub-Committee determined that there were no additional conditions that could be imposed on the licence that would satisfactorily ameliorate the concerns that had been expressed by the objector during the hearing.

 

(iv)      Public Nuisance

 

The Sub-Committee was satisfied that no relevant representations had been raised in respect of this licensing objective.

 

It was then

 

RESOLVED – That having heard an application for a new premises licence to be granted under the Licensing Act 2003 at Unit A5, Bankfield Trading Estate, Coronation Street to permit the supply of alcohol off the premises Monday to Sunday between 09:00- 17:00 hours, the Sub-Committee was satisfied that a relevant representation had been raised in respect of the public safety licensing objective, specifically the representation asserted that the grant of a premises licence at this location would compromise public safety by virtue of the applicant’s failure to satisfy the Sub-Committee that fire safety measures had been adequately implemented to alleviate the concerns relating to the lack of a fire risk assessment; inadequate means of escape, emergency lighting and firefighting equipment; and the arrangements for the storage of ethanol within the premises. 

 

The Sub-Committee was of the view that there was insufficient information currently available  ...  view the full minutes text for item 5.