Issue - meetings

To consider a report of the Director of Place Management.

The report details an application from Stockport Council Trading Standards Team to review the premises licence at 408a Manchester Road, Heaton Chapel, SK4 5BY due to failure to adequately promote the licensing objectives of the prevention of crime & disorder and protection of children from harm.

The Sub-Committee is recommended to consider the application for the review of the Premises Licence at 408a Manchester Road, Heaton Chapel, Sk4 5BY.

Officer contact: Sarah Tooth on 0161 474 4176 or email: sarah.tooth@stockport.gov.uk

A representative of the Director for Place Management submitted a report (copies of which had been circulated) detailing an application from Stockport Metropolitan Borough Council (Trading Standards) being a responsible authority under the Licensing Act 2003 and exercising its statutory function to promote the prevention of crime and disorder and protection of children from harm licensing objectives, to review the Premises Licence at 408a Manchester Road, Heaton Chapel, Stockport.

A representative of Stockport Trading Standards attended the meeting and answered Councillors questions in relation to the application.

The Premises Licence Holder and his representatives also attended the meeting and answered questions in relation to the application.

At this stage in the proceedings, the representative of the Premises Licence Holder proposed an alternative sanction to the revocation sought by Trading Standards that included the suspension of the premises licence and the imposition of a schedule of conditions, a copy of which was circulated to the Sub-Committee.

The Sub-Committee, having heard the interested parties, proceeded to consider the prevention of crime and disorder and the protection of children from harm licensing objectives in respect of the application, together with the relevant parts of the council’s Licensing Policy and guidance from the Home Office. However, the decision was reached on consideration of all arguments given in relation to this specific application.

It was then

RESOLVED - That, having heard the application for a review of the premises licence at 408a Manchester Road, Heaton Chapel, Stockport made on behalf of Stockport Trading Standards and having considered all the evidence presented, the Sub-Committee was satisfied that the premises had demonstrated its inability to satisfactorily address the prevention of crime and disorder and the protection of children from harm licensing objectives by virtue of:-

·         the three occasions upon which the premises sold illicit tobacco during test purchase exercises; and

·         the three occasions upon which the premises were visited by representatives of Trading Standards during which illicit tobacco was seized.

Home Office Guidance issued under the Licensing Act 2003 provides that there was certain criminal activity that may arise in connection with licensed premises which should be treated particularly seriously. These include the use of the licensed premises for the sale or storage of smuggled tobacco and alcohol.  It was further noted that the guidance stated that where reviews arose and the licensing authority determined that the crime prevention objective was being undermined through the premises being used to further crimes, it is expected that revocation of the licence – even in the first instance – should be seriously considered.

The Sub-Committee noted that the Premises Licence Holder had been provided with advice by Trading Standards on his future conduct, and notwithstanding this advice the premises were the subject of further test purchase failures and illicit tobacco seizures.  The Sub-Committee was of the view that this demonstrated a sustained disregard for the licensing objectives specifically that the actions of the Premises Licence Holder had undermined and continued to undermine the prevention of crime and disorder and the protection of children from harm licensing objectives.

The Sub-Committee has therefore determined that there were no further conditions that could be imposed which would ameliorate the concerns expressed by the representative of Trading Standards, and the suspension of the licence would also fail to adequately promote the licensing objectives, and accordingly it was determined that the Premises Licence should be revoked.