Agenda item

To consider a report of the Service Director (Place Management).

The report details an application from Karen Dyson (Manager of the Environment Team for Environmental Health and Trading Standards) on behalf of the Head of Environmental Health and Trading Standards at Stockport Council for a Review of the Premises Licence for The Moor Suite, Heaton Moor.

(Note: This report has a 'not for publication' appendix which will be circulated to members of the Sub-Committee only)

The Sub-Committee is recommended to consider the application for the review of the Premises Licence at The Moor Suite, Heaton Moor.

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

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) detailing an application on behalf of the Head of Environmental Health and Trading Standards, being a responsible authority under the Licensing Act 2003 exercising its statutory function to prevent public nuisance, for a review of the premises licence for The Moor Suite, Heaton Moor, under Section 51 of the Licensing Act 2003.

Representatives of the Head of Environmental Health and Trading Standards, the Chief Officer of Greater Manchester Police and persons making relevant representations in addition to the Licence Holder and his representative attended the meeting and answered Councillors’ questions in relation to the application. 

The Sub-Committee heard submissions from the representative of the Head of Environmental Health and Trading Standards that there had been numerous incidents of noise nuisance associated with the premises dating back to 2007 and that these had not abated despite efforts to curtail noise breakout.  In addition to supporting the representations made by Environmental Health and Trading Standards, the representative of the Chief Officer of Greater Manchester Police further submitted that the premises were failing to comply with current conditions that had been imposed on the premises licence, specifically that the premises had failed to employ a door supervisor after 23.00 hours thereby failing to promote the prevention of crime and disorder and protection of public safety licensing objectives.  The Sub-Committee noted that the Head of Environmental Health and Trading Standards had requested that the Sub-Committee gave consideration to the revocation of that part of the premises licence that related to regulated entertainment, namely live and recorded music.

The premises licence holder’s representative indicated that he wished to offer the following conditions to ameliorate the concerns expressed during the course of the hearing:-

·         All doors and windows (insofar as the latter have not already been blocked up) shall remain closed whenever Regulated Entertainment is taking place, except for access or egress or in case of emergency.

·         A tamper-proof noise-limiting device shall be installed (and maintained) in consultation with the Environmental Health Team. All amplified equipment used at the premises must be connected through the said noise limiter.

·         No off sales of alcohol shall take place after 23.00, nor shall alcohol be consumed outside the premises after this stated time.

·         That 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 Regulated Entertainment is 150.”

·         Registered door supervisors are to be employed at the premises when deemed necessary by the management, dependent on the type of function taking place. On those nights when doorstaff are employed, there will be one on duty from 20.30 and two on duty from 22.00, until the end of all licensable activities.

·         A member of staff shall patrol the exterior of the premises on a 20-minute basis from 23:00 until closing, to ensure that no disturbance is caused to the nearest noise-sensitive residential properties.

The Sub-Committee, having heard the interested parties, proceeded to consider the prevention of public nuisance, prevention of crime and disorder and protection of public safety 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.

It was then

RESOLVED – That having heard the application for a review of the premises licence at The Moor Suite, Heaton Moor made by the representative of The Head of Environmental Health and Trading Standards and as supported by the Chief Officer of Greater Manchester Police and those persons making relevant representations, and having considered all the evidence presented, the Sub-Committee was satisfied that the premises had failed to satisfactorily prevent public nuisance by virtue of the persistent noise breakout from the premises which the premises had not addressed over an extensive period of time.  The Sub-Committee was of the view that in order to satisfactorily address the prevention of public nuisance licensing objective, it would be necessary to:-

(i)         Suspend that part of the premises licence that related to regulated entertainment, namely live and recorded music, with effect from 2 January 2012 until such a time that the premises had installed a tamper proof noise limiter in consultation with Environmental Health and Trading Standards and had taken steps to ensure that all sound equipment was connected through the noise limiter.

(ii)        Impose the following conditions on the premises licence:-

·         That all doors and windows, insofar as the latter are not blocked up, shall remain closed at all times when regulated entertainment is taking place, save for access and egress.

·         That a tamper proof noise limiter be installed and maintained in consultation with the Environmental Health Team and that all sound equipment be connected through the noise limiter.

·         That no off sales shall take place after 23.00 hours and nor shall this alcohol be consumed to the exterior of the premises after this stated time.

• That 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 Regulated Entertainment is 150.”

·         That one registered door supervisor be employed from 20.30 hours and two from 22.00 hours until the end of licensable activity.

·         That a member of staff patrol the exterior of the premises every 20 minutes from 23.00 hours until closing and that this be recorded in a log-book.