Agenda item

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

The report details an application received from SHF Catering Limited for a variation of the premises licence at Yara, 7a Wilmslow Road, Cheadle to amend the layout as per the plan; include off sales of alcohol in addition to on sales; to add late night refreshments outdoors in addition to indoors, and to remove various conditions of Annex 3.

The Sub-Committee is recommended to consider the application for a variation of the premises licence at Yara, 7a Wilmslow Road, Cheadle.

Officer contact: Caitriona Muldoon on 0161 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 SHF Catering Limited for a variation of the premises licence at Yara, 7a Wilmslow Road, Cheadle to amend the layout as detailed on the plan appended to the report; to include off sales of alcohol in addition to on sales; to add late night refreshments outdoors in addition to indoors, and to remove various conditions of Annex 3.

The applicant attended the meeting, presented their application, and answered Councillors’ questions in relation to the application.  At this point in the proceedings, the applicant indicated that they wished to amend their application to include two further conditions, namely:-

(1)  That any off sales of alcohol will always be in a closed container and be restricted to:-

·         Customers who order a take away meal.

·         Orders delivered by courier including a food element.

·         Customers who have eaten within the premises.

(2) The provision of a telephone number on which the premises can be contacted to allow residents to discuss any operational issues

Two objectors, 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.

There were no objections made by any responsible authority.

The Sub-Committee having heard all 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 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 received in respect of the prevention of public nuisance licensing objective, specifically the representations asserted that any proposal to serve alcohol outside to the rear of the premises later into the evening would have an unacceptable impact on the amenity of local residents by virtue of resultant noise disturbance; and that the continuation of licensable activity into the early hours of the morning would contribute to an increase in litter and other associated detritus being left in the vicinity of the premises

However, the Sub-Committee noted that the variation did not propose any amendment to the existing hours for licensable activity at the premises, and further that the proposed means of enclosure of the external dining area was such that the proposed variation would not result in a public nuisance by virtue of noise disturbance.  The Sub-Committee further noted with approval the content of the applicant’s operating schedule in respect of the prevention of public nuisance licensing objective, including the additional conditions offered at the meeting in relation to the control of off-sales and the provision of contact information.

The Sub-Committee was therefore of the view that there were no further conditions that were necessary or proportionate in order to address this licensing objective.

It was then

RESOLVED – (1) That approval be given to the amended layout of the premises as detailed on the plan attached to the report.

(2) That the hours for the supply of alcohol by retail sale for consumption off the premises be approved on the basis of those hours currently in place for the supply of alcohol on the premises, namely from 10.00 to 01.00 hours, the following day Monday to Sunday.

(3) That the hours for the provision of late night refreshment outdoors be approved on the basis of those hours currently in place for the provision of late night refreshment indoors at the premises, namely from 23.00 to 01.00 hours the following day, Monday to Sunday.

(4) That approval be given to the removal of those conditions details in Annex 3 of the Premises Licence and their replacement therefor with the following Operating Schedule:-

·         Staff shall be trained in the requirements of the Licensing Act 2003 with regard to the Licensing Objectives.

·         Intoxicating liquor shall only be sold or supplied to persons seated and sold or supplied by a waiter/waitress.

·         Hot and cold food, and non-intoxicating liquor including drinking water shall be available at all times.

·         That staff will be trained (and undergo regular refresher training) in respect of the awareness/prevention of drunkenness, how to handle potential incidents and diffuse difficult situations.

·         That a full fire risk assessment will be carried out in respect of the premises as required.

·         That signs requesting that customers leave the premises quietly shall be displayed at the exits.

·         All external windows and doors shall be kept closed when regulated entertainment is being provided except for access and egress to and from the premise and/or in the event of an emergency.

·         That unaccompanied children will not be allowed to enter the premises after 20:00 hours.

·         That staff will be trained (and undergo regular refresher training) in respect of the sale of alcohol to under-age persons (including awareness/ prevention of proxy sales).  Such training sessions to be documented and records made available to authorised persons from Responsible Authorities.

·         That the doors to the rear of the premises shall be kept closed for the purpose of access and egress after 22:00 hours, save for the use for emergencies and evacuation and that signage shall be posted to that effect at the rear of the property.

·         That the premises set the level of amplified music in consultation with Environmental Health.

·         That the placing of refuse into receptacles outside the premises shall not be permitted between 23:00 and 08:00 hours, the following day.

·         That any off sales of alcohol will always be in a closed container and be restricted to:-

o   Customers who order a take away meal.

o   Orders delivered by courier including a food element.

o   Customers who have eaten within the premises.

·         That a telephone number be provided to local residents on which the premises can be contacted to allow residents to discuss any operational issues.