Agenda item

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

The report details an application from Joseph Holt Ltd to vary the premises licence for Fiveways, 68 Macclesfield Road, Hazel Grove to incorporate the external area so as to facilitate sales from the catering facility along with enable waitress service to the exterior in relation to retail sale of alcohol and to modernise the conditions endorsed upon the Licence to remove those which are obsolete and / or covered by other legislation.

The Sub-Committee is recommended to consider the application for the variation of the Premises Licence at Fiveways, 68 Macclesfield Road, Hazel Grove.

Officer contact: Marina Barnes on 0161 474 4296 or email: marina.barnes@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 Joseph Holt Ltd for a variation of the premises licence at the Fiveways, 68 Macclesfield Road, Hazel Grove to incorporate into the premises an external licensed area to facilitate the sale of alcohol from the current catering facility and to remove obsolete conditions from the licence.

The applicant and their representative attended the meeting and answered Councillors’ questions in relation to the application.  At this stage in the proceedings, the applicant informed the Sub-Committee that they wished to amend their application to include a provision that additional signage be placed in the external licensed area stating that parents are responsible for supervising children on the premises and that if children do not behave acceptably, then they will be asked to leave the premises.

An objector to the proposed variation who, 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.

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, specifically that patrons of the premises had engaged in anti-social behaviour which had a detrimental impact on the residents of adjacent residential properties..

(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 relevant representations had been raised in respect of this licensing objective, specifically that patrons of the premises had engaged in anti-social behaviour which had a detrimental impact on the residents of adjacent residential properties..

(iv)       Public Nuisance

The Sub-Committee was satisfied that relevant representations had been raised in respect of this licensing objective, specifically that patrons of the premises had engaged in anti-social behaviour which had a detrimental impact on the residents of adjacent residential properties.

It was noted that the representation had identified particular concern that the result of the variation would be to exacerbate those existing problems.

The Sub-Committee noted the objection made to the application but was of the view that:-

(i)         while members had great sympathy with those residents living in the vicinity of the premises, the limited extent of the proposed variation, insofar as it related to the incorporation of the external area within the licensable area of the premises, was such that a consequent increase in anti-social behaviour could not reasonably be associated with that element of the variation;

(ii)        there had been no representations made by any of the responsible authorities in relation to this matter; and

(ii)        there were no representations that related to the proposed removal of conditions.

Further, the Sub-Committee noted with approval the proposed amendment to the original application submitted by the applicant, specifically that additional signage be placed in the external licensed area stating that parents are responsible for supervising children on the premises and that if children do not behave acceptably, then they will be asked to leave the premises.

It was then

RESOLVED – (1) That approval be given to the proposed extension of the licensable area for the retail sale of alcohol from 10.00 hours to 22.00 hours each day as detailed on the plan appended to the report.

(2) That approval be given to the removal and amendment of the existing conditions on the premises licence as detailed at paragraph 3.10 of the report.

(3) That additional signage be placed in the external licensed area stating that parents are responsible for supervising children on the premises and that if children do not behave acceptably, then they will be asked to leave the premises.