Agenda item

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

The report details an application from PTI Group Limited for a new premises licence to be granted at Boteega Bar, 281-285 London Road, Hazel Grove, Stockport.

The Sub-Committee is recommended to consider the application for a new premises licence at Boteega Bar, 281-285 London Road, Hazel Grove.

Officer contact: Sarah Tooth on 0161 474 44176 or email: sarah.tooth@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 from PTI Group Limited for a new premises licence to be granted at Boteega Bar, 281-285 London Road, Hazel Grove, Stockport to permit the playing of live music (indoors) Sunday to Thursday 12:00 – 01:00, Friday to Saturday 12:00 – 0300; the playing of recorded music (indoors) Sunday to Thursday 12:00 – 01:00 and Friday to Saturday 12:00 – 0300; the

performance of dance (indoors) Sunday to Thursday 12:00 – 01:00 and Friday to Saturday 12:00 – 0300; and the supply of alcohol (on the premises) Sunday to Thursday 12:00 – 01:00 and Friday to Saturday 12:00 – 0300.

Representatives of the applicant attended the meeting and answered Councillors’ questions in relation to the application. At this stage in the proceedings, the applicant indicated that they would be prepared to amend the application as follows:-

·         to employ an SIA registered member of doorstaff on a Thursday and Sunday from 21:00 hours to the terminal hours for licensable activity in addition to the provision already provided for in the operating schedule; and

·         that Mr Danny Bowen shall not be involved in the management, operation or otherwise be involved in the running of the premises.

Three objectors to the proposal, including a representative of Stockport Licensing Authority 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 Digital, 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 the representations asserted that it was the belief of the Licensing Authority that a former director of Boteega Lounge Limited that had previously held the premises licence would seek to transfer the premises licence back to him. 

The premises licence, when held by Boteega Lounge Limited had been revoked on the grounds that the actions of the Premises Licence Holder had undermined and continued to undermine the prevention of crime and disorder and protection of children from harm licensing objectives and the Sub-Committee had no confidence that the Premises Licence Holder was able to consistently apply and comply with the conditions of the premises licence.

(ii)        Protection of Children

The Sub-Committee was satisfied that relevant representations had been raised in respect of this licensing objective, specifically the representations asserted that it was the belief of the Licensing Authority that a former director of Boteega Lounge Limited that had previously held the premises licence would seek to transfer the premises licence back to him. 

The premises licence, when held by Boteega Lounge Limited had been revoked on the grounds that the actions of the Premises Licence Holder had undermined and continued to undermine the prevention of crime and disorder and protection of children from harm licensing objectives and the Sub-Committee had no confidence that the Premises Licence Holder was able to consistently apply and comply with the conditions of the premises licence.

(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 raised in respect of this licensing objective, specifically the representations asserted that the granting of the licence would result in noise nuisance caused by noise breakout from amplified music from within the premises and from patrons using the outside seating area to the rear of the premises.

The Sub-Committee noted with approval the content of the applicant’s operating schedule in respect of the three licensing objectives and further noted the offer on the part of the applicant to:-

·         employ an SIA registered member of doorstaff on a Thursday and Sunday from 21:00 hours to the terminal hours for licensable activity in addition to the provision already provided for in the operating schedule; and

·         that Mr Danny Bowen shall not be involved in the management, operation or otherwise be involved in the running of the premises.

It was also noted that the application proposed to exclude from the scope of licensable activity the outside drinking area that had been a source of complaint from the operation of the premises in the past.

However, it was determined that in order to properly address the prevention of public nuisance licensing objective, it would be necessary to reduce the hours for licensable activity on a Friday, Saturday and on a Sunday preceding a Bank Holiday to 01:00 hours and impose further conditions on the licence, namely:-

·         that the external area to the rear of the premises shall not be used by patrons of the premises, save in the event of access in the event of an emergency;

·         that a maximum of 12 patrons be permitted to use the external smoking area to the front of the premises at any one time;

·         that 2 SIA registered door staff be on duty on a Sunday preceding a Bank Holiday; and

·         that the applicant undertake to have regular discourse with local residents and provide a contact telephone number to allow residents to report issues during the hours of licensable activity.

It was then

RESOLVED – (1) That the hours for the performance of live music (indoors) be approved from 12:00 to 01:00 hours, Monday to Sunday.

(2) That the hours for the playing of recorded music (indoors) be approved from 12:00 to 01:00 hours, Monday to Sunday.

(3) That the hours for the performance of dance (indoors) be approved from 12:00 to 01:00 hours, Monday to Sunday.

(4) That the hours for the supply of alcohol (on the premises) be approved from 12:00 to 01:00 hours, Monday to Sunday.

(5) That approval be given to the amendment of applicant’s operating schedule as follows:-

·         to employ an SIA registered member of doorstaff on a Thursday and Sunday from 21:00 hours to the terminal hours for licensable activity in addition to the provision already provided for in the operating schedule; and

·         that Mr Danny Bowen shall not be involved in the management, operation or otherwise be involved in the running of the premises.

(6) that the external area to the rear of the premises shall not be used by patrons of the premises, save in the event of access in the event of an emergency.

(7) That a maximum of 12 patrons be permitted to use the external smoking area to the front of the premises at any one time.

(8) That 2 SIA registered door staff be on duty on a Sunday preceding a Bank Holiday.

(9) That the applicant undertake to have regular discourse with local residents and provide a contact telephone number to allow residents to report issues during the hours of licensable activity.