Agenda and minutes

To approve as a correct record the minutes of the meeting held on 22 November 2022.

The minutes (copies of which had been circulated) of the meeting held on 22 November 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to exclude the public during consideration of the application, as an appendix to the report contains information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005, and where the public interest in maintaining the exemption outweighs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 ‘Application for a premises licence to be granted at 141 Berwick Avenue, Heaton Mersey, Stockport, SK4 3AT, which had been classified as ‘not for publication’ by virtue of it containing material which related to an individual, the Sub Committee was satisfied that in the circumstances it was not necessary for the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 details an application from Snakz LLP for a premises licence to be granted under the Licensing Act 2003 at 141 Berwick Avenue, Heaton Mersey, Stockport, SK4 3AT.

The Sub Committee is requested to determine the application for a premises licence by Snakz LLP in respect of 141 Berwick Avenue, Heaton Mersey, Stockport, SK4 3AT.

Officer contact: Sarah Tooth 07800618213 | 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 for a new premises licence to be granted under the Licensing Act 2003 at 141 Berwick Avenue, Heaton Mersey, SK4 3AT, seeking to permit the sale of alcohol (off the premises) from Monday to Sunday between 00:00 hours to 24:00 hours.

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

A representative from the Licensing Authority attended the meeting and answered questions in relation to the application.

Stockport Metropolitan Borough Council’s Environment Health Team made a valid representation being a responsible authority under the Licensing Act 2003 and exercising its statutory function to promote the licensing objectives.

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. The decision was then 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.

(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 a relevant representation had been raised in respect of this licensing objective. Specifically, the representation raised concerns in relation to the potential for noise and light disturbance created by vehicles collecting orders from the premises in a residential location at night.

The Sub-Committee noted the applicants measures to address these concerns but felt that these would not sufficiently mitigate the disturbance at unsociable hours.

The Sub Committee noted the content of the applicant’s operating schedule with regard to the four licensing objectives, however it was of the view that these measures would not serve to suitably mitigate the concerns raised in relation to the ‘prevention of public nuisance’ licensing objective.

Further, the Sub Committee determined that there were no additional conditions that could be imposed on the licence that would satisfactorily ameliorate the concerns that had been expressed by the objector during the hearing regarding the sale of alcohol from the premises during unsociable hours but it did not have such concerns at other times of the day.

It was then

RESOLVED – The Sub Committee agreed to grant the application. However, it was felt necessary and appropriate in order to address the prevention of public nuisance licensing objective and suitability mitigate the concerns of Environmental Health, to limit the hours of the sale and supply of alcohol from 10:00 hours to 21:00 hours, Monday to Sunday.