Agenda item

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

The report details an application from Greene King Retailing Limited to vary the premises licence for Frog & Railway, 474 Didsbury Road, Heaton Mersey extend the hours of licensable activities and remove archaic conditions.

The Sub-Committee is recommended to consider the application for the variation of the premises licence at Frog & Railway, 474 Didsbury Road, Heaton Mersey.

Officer contact: Caitriona Muldoon on 474 4162 or email: caitriona.muldoon@stockport.gov.uk

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 Greene King Retailing Limited to vary the premises licence for Frog & Railway, 474 Didsbury Road, Heaton Mersey extend the hours of licensable activities and remove archaic conditions.

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

The applicant informed the Sub-Committee that they wished to amend their application to include a further condition requiring that all rear windows and doors were to be closed during the playing of live or recorded music, save for the playing of background music, after 22:00 hours except for the purpose of access and egress.

The Sub-Committee noted that the objector, although duly notified of the date and time of the hearing, had not advised the Licensing Authority in advance of their intention to attend the hearing and nor had they attended the hearing in person.  The Sub-Committee therefore considered the objection on the basis of the written submission.

There were no objections 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 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 relevant representations had been raised in respect of this licensing objective, namely that the objector stated that they had observed fighting and disorder at the premises and had asserted that on occasion they had been unable to use their back garden due to the smell of drugs being smoked at the rear of the premises.  However, the Sub-Committee was of the view that the limited extent of the variation as it related to the hours for licensable activity and the absence of any objective evidence to substantiate the ground of the objection was such that no further conditions were necessary in order to address 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, namely that the level of noise associated with the operation of the premises would increase should the hours of operation be extended.  However, the Sub-Committee noted with approval the additional condition proposed by the applicant relating noise attenuation, and determined that no further conditions were necessary in order to address this licensing objective.

It was then

RESOLVED – (1) That the hours for the provision of regulated entertainment indoors including live and recorded music be approved as follows:-

·         10.00 to 23.00 hours, Sunday to Wednesday.

·         10.00 to 00.00 hours, Thursday to Saturday.

(2) That the hours for the provision of late night refreshment, on and off the premises, be approved from 23.00 to 00.00 hours, Thursday to Saturday.

(3) That the hours for supply of alcohol for consumption on and off the premises be approved as follows:-

·         10.00 to 23.00 hours, Sunday to Wednesday.

·         10:00 to 00:00 hours, Thursday to Saturday.

(4) That the stated, standard opening hours be noted as follows:-

·         10.00 to 23.30 hours, Sunday to Wednesday.

·         10:00 to 00:30 hours, Thursday to Saturday.

(5) That approval be given to the removal of those special restrictions on the hours for licensable activity pertaining to Good Friday, Christmas Day and New Year’s Day.

(6) That approval be given to the removal of the following conditions on the premises licence:-

·         No live bands permitted to play at the premises. The licences must only be exercised on a maximum of two nights per week with the exception of Sundays, save those Sundays after which a Bank Holiday follows. There is a fully briefed brewery representative at senior management level for liaison purposes should the nominated representatives of the residents need to make contact.

·         The number of persons admitted to the premises during the time the premises are being used for the purposes for which this licence is granted shall not exceed the stated number and a notice must be displayed above the entrance of the premises as follows: ‘’The Maximum Occupancy for the Regulated Entertainment is 150.

·         External windows and doors to be kept closed when music, singing and dancing are in progress and the level of noise emanating from the premises must not be such as to cause a nuisance to inhabitants of the neighbourhood. In any event the noise level must not exceed 35 d.b.a. at any boundary of the premises.

·         The Licensee shall not permit persons to smoke whilst dancing.

(7) That all rear windows and doors were to be closed during the playing of live or recorded music, save for the playing of background music, after 22:00 hours except for the purpose of access and egress.