Agenda and minutes

To approve as a correct record the minutes of the meeting held on 23 August 2023

The minutes of the meeting held on 23 August 2023 were approved as 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 of interest 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to exclude the public during consideration of the application, as appendices to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005, and where the public interest in maintaining the exemption outweighs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 ‘Application for a premises licence at 4 Fiveways Parade, Hazel Grove, Stockport, SK7 6DG’, which had been classified as ‘not for publication’ by virtue of it containing material which related to an individual, the Sub Committee was satisfied that in the circumstances it was not necessary for the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 Muzammal Taufiq for a premises licence to be granted under the Licensing Act 2003 at Bomboloni, 4 Fiveways Parade, Hazel Grove, SK7 6DG.

The Sub-Committee is recommended to determine the application for a premises license from Muzammal Taufiq in respect of Bomboloni, 4 Fiveways Parade, Hazel Grove, SK7 6DG.

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

A representative of the Director of Place Management submitted a report (copies of which had been circulated) detailing an application from Muzammal Taufiq for a premises licence to be granted under the Licensing Act 2003 at 4 Fiveways Prade, Hazel Grove, Stockport, SK7 6DG, which sought the following licensable activities:

• Sale of alcohol (on and off the premises) Monday to Sunday, 13:00 to 01:00 hours.

• Recorded music (indoors) Monday to Sunday, 23:00 to 01:00 hours.

• The provision of late night refreshments (indoors and outdoors) Monday to Sunday, 23:00 to 01:00 hours.

The Sub-Committee noted that the applicant, although duly notified of the date and time of the hearing, had not advised the Licensing Authority in advance of their intention to attend the hearing, nor had they attended the hearing in person.

At 6.09 pm, it was

RESOLVED – That the meeting be adjourned.

The meeting reconvened at 6.30 pm

The representative of the Director of Place Management reported that the applicant had since confirmed that they wished the Sub-Committee to consider the application in their absence.  The Sub-Committee therefore considered the application on the basis of the written submission.

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

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. 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 from harm

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)         Prevention of 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 possibility of increased noise late at night, causing disruption for residential properties both above and nearby the premises.

The Sub Committee noted the applicant’s proposed measures to address these concerns. However, the Sub Committee felt that these measures would not sufficiently mitigate the potential for noise nuisance to neighbouring residential properties at unsociable hours. To suitably mitigate the concerns raised in relation to the ‘prevention of public nuisance’ licensing objective, the Sub Committee agreed to grant part of the application with amended hours, and refuse other parts of the application. Namely:

• That the hours for the sale of alcohol (on and off the premises) be amended to be from 13:00 to 23:00 hours, Monday to Saturday, and 13:00 to 22:00 hours on Sunday.
• That the application to play recorded music (indoors) from 23:00 to 01:00 hours be refused.
• That the application for the provision of late night refreshments from 23:00 to 01:00 hours be refused.

Further to the abovementioned decisions, the committee agreed that the applicant must adhere to the proposed conditions contained within the application form, as well as those agreed with Greater Manchester Police in full.

It was then

RESOLVED – (1) That the hours for the sale of alcohol (on and off the premises) be approved as follows:

·         Monday to Saturday, 13:00 to 23:00 hours; and

Sunday, 13:00 to 22:00 hours.

(2) That the application to play recorded music (indoors) from 23:00 to 01:00 hours be refused.

(3) That the application for the provision of late night refreshments from 23:00 to 01:00 hours be refused.

(4) That approval be given to the imposition of the conditions proposed by the applicant in the application in full, as well as those agreed with Greater Manchester Police in full.

The meeting closed at 7.36 pm