Agenda item

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

The report details an application for a review of the Premises Licence at  Whitebottom Farm, Compstall.

The Sub-Committee is recommended to consider the application for a review of the premises licence at Whitebottom Farm, Compstall.

Officer contact: Peter Cooke on 0161 474 4851 or email: peter.cooke@stockport.gov.uk.

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) detailing an application for a review of the premises licence at Whitebottom Farm, Compstall made by Mr Tony Lynch on the grounds that the premises had failed to adequately promote the prevention of children from harm, public safety, the prevention of crime and disorder and the prevention of public nuisance licensing objectives. 

The Sub-Committee further considered the written and oral representations made by the Premises Licence Holder and those additional relevant written and oral representations submitted in support and in opposition to the application for the Review of the Premises Licence

At this stage in the proceedings, the premises licence holder stated that they wished to amend their operating schedule to include the following:-

(1) That the premises provide additional SIA doofstaff overnight both onsite and within Compstall Village on those days on which licensable activity takes place, and where more than 200 people are in attendance for those events exceeding one day in duration, from the first day of any such event until 4.00 am in the morning following the end of licensable activity.  This is to ensure that patrons entering and leaving the site do so in an orderly fashion and are adequately diverted away from residential properties.

(2) That the premises licence holder circulate to all residents within Compstall Village appropriate emergency contact details to allow residents to report any issues of anti-social behaviour associated with the operation of the premises.”

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

In addition the Sub-Committee was advised to give appropriate weight to the steps that are appropriate to promote the licensing objectives and the representations presented by all parties. The Sub-Committee also had regard to the European Convention on Human Rights and in particular that everyone has the right to peaceful enjoyment of his possessions, respect for his private and family life, his home and correspondence. A fair balance between competing interests must be considered. The decision was reached on consideration of all arguments given in relation to this specific application.

The Sub-Committee found the following:-

The Premises Licence Holder holds 4 festivals per year which can last up to 4 days. In addition the venue can be hired for events such as weddings but the maximum number of weeks that the premises can hold any events in one year is 14 due to the premises also farming cattle.

The current premises licence has been in operation since 12 March 2014. There were no objections from Responsible Authorities or residents in respect of the application for the licence.

There are no relevant representations from Responsible Authorities in respect of this application for a Review of the Premises Licence.

There had been little communication between the Applicant, residents and the Premises Licence Holder prior to the application for a review being made.

(i)        Crime and Disorder

The Sub-Committee was satisfied that relevant representations had been raised in respect of this licensing objective, namely that patrons leaving events at the premises had engaged in anti-social behaviour within the locality.

(ii)        Public Nuisance

The Sub-Committee was satisfied that relevant representations had been raised in respect of this licensing objective, namely that patrons leaving events at the premises had engaged in anti-social behaviour within the locality, in particular residents were disturbed by noise nuisance when patrons are arriving and leaving the premises and litter has been deposited within the Etherow Country Park and adjacent roads within Compstall Village.

There are issues with increased traffic in Compstall when events are being held to the extent that at times there has been severe congestion. Whilst some complaints related to noise disturbance from music, the Sub-Committee was satisfied that the premises licence holder was taking measures to address any interference from music and would continue to do so upon receipt of any complaints.

(iii)       Public Safety

The Sub-Committee was satisfied that relevant representations had been raised in respect of this licensing objective, specifically when patrons are leaving events late at night and walking through the Country park, they are walking near deep water and in addition, generators are being left unattended in the park with loose wires. However, the Sub-Committee were satisfied that an increase in marshalls around the park, improved lighting and fencing off of generators to the satisfaction of the Council’s Parks staff would address this licensing objective.

(iv)      Protection of Children from Harm

The Sub-Committee was satisfied that there was insufficient evidence in respect of this licensing objective.

It was then

RESOLVED - All of the evidence was considered with care and it was established that having considered the application for review and representations made, on balance, whilst the Sub-Committee was satisfied that the premises licence has not satisfactorily promoted the Prevention of Crime and Disorder, Prevention of Public Nuisance and Public Safety licensing objectives, the concerns identified could be addressed by other means, including improved communication between all parties. The Committee was satisfied that the premises licence holder had already addressed the public safety licensing objective with the steps it had taken. Revocation of the licence would not be an appropriate response.

The Sub-Committee noted with approval the amendments proposed by the Premises Licence Holder to their operating schedule to include the following two provisions:-

(1) That the premises provide additional SIA doofstaff overnight both onsite and within Compstall Village on those days on which licensable activity takes place, and where more than 200 people are in attendance for those events exceeding one day in duration, from the first day of any such event until 4.00 am in the morning following the end of licensable activity.  This is to ensure that patrons entering and leaving the site do so in an orderly fashion and are adequately diverted away from residential properties.

(2) That the premises licence holder circulate to all residents within Compstall Village appropriate emergency contact details to allow residents to report any issues of anti-social behaviour associated with the operation of the premises.

However, it was determined that in order to satisfactorily address the public safety, the prevention of crime and disorder and the prevention of public nuisance licensing objectives, it would be appropriate and proportionate to impose an additional condition on the licence; namely:-

(1) That the premises licence holder shall be responsible for compiling and submitting a traffic management plan which shall be circulated to the responsible authorities in advance of any event taking place.