Agenda and minutes

To elect a Chair for the duration of the meeting.

RESOLVED – That Councillor Matt Wynne be elected Chair of the Sub Committee for the duration of the meeting.

To approve as a correct record the minutes of the meeting held on 11 April 2022.

The minutes (copies of which had been circulated) of the meeting held on 11 April 2022 were approved as a correct record and signed by the Chair.

Councillors and officers are invited to declare any interests which they have in any of the items on the agenda for the meeting.

Councillors and officers were invited to declare any interests which they had in any of the items on the agenda for the meeting.

No declarations were made.

Members of the public are invited to put questions to the Chair and members of the sub committee on any matters within the powers and duties of the sub committee, subject to the exclusions set out in the code of practice. (Questions must be submitted prior to the commencement of the meeting).

No public questions were submitted.

To consider whether it is in the public interest to exclude the public during consideration of the application, as appendices to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005, and where the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVED - That notwithstanding the submission of information as part of Agenda Item 5 – ‘Licensing Act 2003: Application to vary the premises licence in respect of The New Victorian, Ack Lane East, Bramhall, which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub Committee was satisfied that in the circumstances it was not necessary for the public to be excluded from the meeting.

To consider a report of the Director of Place Management.

The report detail an application from JW Lees to vary the premises licence for The New Victorian, Ack Lane East, Bramhall to allow recorded music to be played outdoors within the beer garden subject to the existing licensing hours and provision for indoor recorded music.

The Sub-Committee is recommended to determine the application to vary the Premises Licence in respect of The New Victorian, Ack Lane East, Bramhall.

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

A representative of the Director Place Management submitted a report (copies of which had been circulated) detailing an application from JW Lees for a variation of the premises licence for The New Victorian, Ack Lane East, Bramhall, Stockport, SK7 2BY, to allow recorded music to be played outdoors within the rear beer garden subject to the existing licensing hours and provision for indoor recorded music.

Representatives of the applicant attended the meeting and answered questions in relation to the application.

Two objectors to the proposal, having previously submitted written representations in relation to the application, attended the meeting to explain their objections and answer questions in relation to the application.

There were no representations from responsible authorities to be considered.

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 Stockport Council’s Licensing Policy. 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 no relevant representations had been raised in respect of this licensing objective. There was an absence of objective evidence to substantiate the grounds of the objections, and nor had there been any representations made by any of the responsible authorities in relation to this matter.

(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 raised in respect of this licensing objective, specifically, the representations focussed on the potential increase in noise nuisance associated with patrons being attracted to the rear garden by the playing of outdoor music, and the intrusion of the music itself on the neighbourhood fabric, particularly in the evenings.

It was determined that, in order to properly address the prevention of public nuisance licensing objective, it would be necessary to amend the hours of the licensable activity and to impose further conditions on the licence.

The Sub Committee deemed it appropriate and proportionate for the hours of licensable activity sought, to be amended, namely, the hours of playing recorded music in the rear garden to be from 10:00 hours to 21:00 hours, Sunday to Thursday, and from 10:00 hours to 22:00 hours, Friday to Saturday.

Further, that conditions be imposed on the license relating to the sharing of contact details and the holding of meetings to address any concerns of local residents.

It was then

RESOLVED – (1) That the hours of playing of recorded music in the rear garden be approved as follows:

·         from 10:00 hours to 21:00 hours, Sunday to Thursday; and

·         from 10:00 hours to 22:00 hours, Friday to Saturday.

(2) That approval be given to the imposition of a condition that the applicant provide contact details (to include a mobile telephone number) to local residents.

(3) That approval be given to the imposition of a condition that meetings be held once a quarter, or as necessary, between the Designated Premises Supervisor and local residents to address any concerns.