Agenda and minutes

To approve as a correct record the minutes of the meeting held on 22 February 2023.

The minutes of the meeting held on 22 February 2023 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to exclude the public during consideration of the application, as appendices to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005, and where the public interest in maintaining the exemption outweighs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RESOLVED – That in order to prevent the disclosure of information which had been classified as ‘not for publication’ by virtue of it containing material which related to an individual, the public be excluded from that part of the hearing during which CCTV evidence was being displayed in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005. The Sub-Committee was satisfied that, in the circumstances, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

To consider a report of the Director of Place Management.

The report details an application from Da Shop to vary the premises licence under the Licensing Act 2003 at Da Shop, 15-19 Worcester Road, Cheadle Hulme, SK8 5NW.

The Sub Committee is requested to determine the application to vary the premises licence in respect of Da Shop, 15-19 Worcester Road, Cheadle Hulme, SK8 5NW.

A representative of the Director of Place Management submitted a report (copies of which had been circulated) detailing an application from Da Shop to vary the premises licence under the Licensing Act 2003 at Da Shop, 15-19 Worcester Road, Cheadle Hulme, SK8 5NW, to vary the Premises Licence so as to:

·         Increase the hours for the sale of alcohol off the premises to 00:00 -23:59 effectively turning into a 24hr operation licensable activities Monday to Sunday.

·         Increase the hours of late night refreshments (outside) from 2300 -0500

·         Add appropriate and proportionate conditions to Annexe 2 of the Licence

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

An objector to the proposal, having previously submitted a written representation in relation to the application, also attended the meeting to explain the objections and answer 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 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 relevant representations had been raised in respect of this licensing objective. Specifically, the representations raised concerns in relation to an incident in 2021 involving armed individuals entering the premises. 

However, the Sub Committee was not satisfied that there was sufficient evidence to support the representation made in regard to the prevention of crime and disorder 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 relevant representations had been raised in respect of this licensing objective. Specifically, the representations raised concerns in relation to an incident in 2021 involving armed individuals entering the premises. 

However, the Sub Committee was not satisfied that there was sufficient evidence to support the representation made in regard to the promotion of public safety 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 raised concerns around the potential for public nuisance due to the sale of alcohol between the hours of 01:00 hours and 05:00 hours in a residential area with inevitable pedestrian and vehicular traffic and accompanying noise that would be caused at this particularly noise sensitive time.

The Sub Committee felt that the conditions proposed by the applicant were largely sufficient to mitigate the concerns raised in respect of the prevention of public nuisance licensing objective. Further, that the premises already operated until 01:00 hours at present (and reopened at 05:00 hours) without issue.

Therefore, the Sub Committee, agreed to grant the application that sought the sale of alcohol (off the premises) Monday to Sunday, 00:00 hours to 23:59 hours, with a number of conditions imposed. The Sub Committee agreed to impose the conditions as proposed by the applicant. Additionally, the Sub Committee felt it was necessary and appropriate in order to promote the prevention of public nuisance licensing objective to add an additional condition onto the licence. Namely, that all delivery drivers used for the delivery of alcohol between 01:00 hours and 05:00 hours be directly employed by the premises, rather than by a third party delivery service.

Further, the Sub Committee strongly advised that there be sufficient Designated Premises Supervisor (DPS) cover at the premises (at all hours).

It was then

RESOLVED – (2 for, 1 against) (1) That approval be given to the sale of alcohol, off the premises, Monday to Sunday 00:00 hours to 23:59 hours;

(2) That approval be given to the provision of late night refreshments (outside), Monday to Sunday, 23:00 hours to 05:00 hours;

(3) That approval be given  ...  view the full minutes text for item 5.