Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 30 September 2015.

The Minutes (copies of which had been circulated) of the meeting held on 30 September 2015 were approved as a correct record and signed by the Chair.

To consider whether it is in the public interest to exclude the public during consideration of agenda item 5 (Licensing Act 2003: Application for a Review of the Premises Licence at The Wine Shop, 11a School Lane, Heaton Chapel) as an appendix to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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 for a Review of the Premises Licence at The Wine Shop, 11a School Lane, Heaton Chapel’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be heard openly during the proceedings of the hearing, the public not be excluded from the meeting.

Councillors and officers are invited to declare any interests which they have 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 on the cards provided.  These are available at the meeting).

No public questions were submitted.

To consider a report of the Corporate Director for Place Management & Regeneration.

The report details an application from Stockport Council (the Licensing Authority) for a review of the Premises Licence for The Wine Shop, 11a School Lane, Heaton Chapel.

The Sub-Committee is recommended to consider the application for the review of the Premises Licence at The Wine Shop, 11a School Lane, Heaton Chapel.

Officer contact: Patrick Ware on 0161 474 4188 or email: patrick.ware@stockport.gov.uk

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) detailing an application made by a representative of the Stockport Licensing Authority being a responsible authority under the Licensing Act 2003 exercising its statutory function to promote the prevention of crime and disorder and the protection of children from harm licensing objectives, for a review of the Premises Licence at The Wine Shop, 11A School Lane, Heaton Chapel.

A representative of the Stockport Licensing Authority and a representative of the Chief Officer of Greater Manchester Police, having made a relevant representation, in addition to the Premises Licence Holder and his representative, attended the meeting and answered Councillors’ questions in relation to the application.

The Sub-Committee, having heard the interested parties, proceeded to consider the protection of children from harm licensing objective in respect of the application, together with the relevant parts of the Council’s Licensing Policy and the guidance from the Department for Culture, Media and Sport.  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 The Wine Shop, 11A School Lane, Heaton Chapel, made on behalf of the Licensing Authority at Stockport Metropolitan Borough Council, 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 its evidenced repeated failure to comply with the conditions that had been imposed on its premises licence; specifically:-

·         a failure to display the premise licence;

·         a failure to ensure that staff were able to operate CCTV equipment;

·         a failure to retain CCTV images for the required 28 days.

·         a failure to maintain training records; and

·         a failure to appropriately maintain a refusals book.

The Sub-Committee further noted that the premises had similarly failed to comply with other conditions that had been imposed on its licence on at least one occasion, specifically:-

·         a failure to ensure that a CCTV system was in operation in and outside the premises; and

·         a failure to display notices indicating that a Challenge 25 scheme was in force.

The Sub-Committee also took account of the additional representation submitted on behalf of Greater Manchester Police in support of the application for the review of the premises licence and which related to the prevention of crime and disorder licensing objective.

The Sub-Committee noted that the premises had been offered the opportunity, following the first visit to the premises on 19 March 2014, to receive additional advice and guidance regarding its obligations under the Licensing Act 2003 which it had not availed itself of.

The Sub-Committee was therefore of the view that there had been significant and repeated failures by the premises to comply with the conditions of its premises licence, which demonstrated a sustained disregard for the prevention of crime and disorder and protection of children from harm licensing objectives.

The Sub-Committee was of the view that in order to satisfactorily address these licensing objectives it will be necessary to remove the current Designated Premises Supervisor with immediate effect, subject to the statutory appeal period.