Agenda item

Licensing Act 2003: Application for a Variation of the Premises Licences at La Cucina, 7A Wilmslow Road

The report details an application from Hatice Ayse Aydin for the variation of the premises licence to include the provision of live music and the facilities for making music, extend the provision of late night refreshment, the supply of alcohol and recorded music hours at La Cucina, 7A Wilmslow Road.

 

The Sub-Committee is recommended to consider the application for the variation of the premises licence at La Cucina, 7A Wilmslow Road.

 

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

Minutes:

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Sub-Committee to consider an application from Hatice Ayse Aydin for the variation of the premises licence to include the provision of live music and the facilities for making music, extend the provision of late night refreshment, the supply of alcohol and recorded music hours at La Cucina, 7A Wilmslow Road.

 

The applicants and their representative attended the meeting and answered Councillors’ questions in relation to the application.

 

The applicant’s representative reported that he wished to amend the application as follows:-

 

·         That the name of the premises be amended to ‘Turquoise Taverna’.

·         That the playing of live and recorded music shall be restricted to indoors only.

·         That no patrons shall be permitted to enter the premises after 23.00 hours.

·         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 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.

 

An objector attended the meeting, explained his objections to the proposals and answered Councillors’ questions in relation to the application.  There were no representations 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 of Media, Culture and Sport.  However, the decision was reached on consideration of all the arguments given in relation to this specific application.

 

(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 made in respect of this licensing objective, including the potential for noise disturbance from patrons leaving the premises and that amplified live music had the potential to disturb residents.  The Sub-Committee noted with approval the content of the applicant’s operating schedule, and the further amendments to the application made by the applicant at the commencement of the meeting, but determined that in order to properly address this licensing objective, it would be necessary to impose the following further conditions:-

 

·         The placing of refuse into receptacles outside the premises shall not be permitted between 23.00 hours and 08.00 hours.

·         That the hours for the playing of live music be reduced to 10.00 hours to midnight, Sunday to Thursday.

 

It was then

 

RESOLVED – (1) That the hours for the supply of alcohol on the premises be approved as follows:-

 

·         10.00 hours to 01.00 hours, Monday to Sunday.

·         10.00 hours on New Year’s Eve to the terminal hour for licensable activity on New Year’s Day.

 

(2) That the hours for the playing of recorded music indoors, together with the facilities for making music be approved as follows:-

 

·         10.00 hours to 01.00 hours, Monday to Sunday.

·         10.00 hours on New Year’s Eve to the terminal hour for licensable activity on New Year’s Day.

 

(3) That the hours for the playing of live music indoors be approved as follows:-

 

·         10.00 hours to midnight, Sunday to Thursday.

·         10.00 hours to 01.00 hours, Friday and Saturday.

·         10.00 hours on New Year’s Eve to the terminal hour for licensable activity on New Year’s Day.

 

(4) That the hours for the provision of late night refreshment indoors be approved as follows:-

 

·         23.00 to 01.00 hours, Monday to Sunday.

·         23.00 hours to 05.00 hours the following day on New Year’s Eve.

 

(5) That it be noted that the stated, standard opening hours of the premises are as follows:-

 

·         10.00 hours to 01.30 hours, Monday to Sunday.

·         10.00 hours on New Year’s Eve to thirty minutes after the terminal hour for licensable activity on New Year’s Day.

 

(6) That the following conditions be removed from Annex 2 to the Premises Licence:-

 

“The above hours do not prohibit the following;

 

·         During the first twenty minutes after the above hours, the taking of alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

·         Consumption of the alcohol on the premises or the taking of or sale or supply of alcohol to any person residing in the licensed premises;

·         The ordering of alcohol to be consumed off the premises, or the dispatch by the vendor of the alcohol so ordered;

·         The sale of alcohol to a trader or club for the purposes of the trade or club;

·         The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s navel, military or air forces;

·         The taking of alcohol from the premises by a person residing there;

·         The supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

·         The supply of alcohol for consumption on the premises for people employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer, or of the person carrying on or in charge of the business on the premises.”

 

(7) That intoxicating liquor shall only be sold or supplied to persons seated and sold or supplied by a waiter/ waitress.

 

(8) That hot and/ or cold food shall be available at all times.

 

(9) 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.

 

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

 

(11) That the external seating area at the rear of the premises will be cleared at 22.00 hours and the parasols taken down.

 

(12) That signs requesting that customers leave the premises quietly shall be displayed at the exits;

 

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

 

(14) That the performance of live music shall be restricted to a maximum of 2 performers (duo) at any one time.

 

(15) That unaccompanied children will not be allowed to enter the premises.

 

(16) 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.

 

(17) That children under the age of 16 will not be allowed to remain on the premises after 22.00 hours.

 

(18) That the name of the premises on the application be amended to ‘Turquoise Taverna’.

 

(19) That no patrons shall be permitted to enter the premises after 23.00 hours.

 

(20) 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 use for emergencies and evacuation and that signage shall be posted to that effect at the rear of the property.

 

(21) That the premises set the level of amplified music in consultation with Environmental Health.

 

(22) That the placing of refuse into receptacles outside the premises shall not be permitted between 23.00 hours and 08.00 hours.

Supporting documents: