Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 19 July 2016.

The Minutes (copies of which had been circulated) of the meeting held on 19 July 2016 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.

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 whether it is in the public interest to exclude the public during consideration of Agenda item 5 (Licensing Act 2003: Motor Fuel Limited, Convenience Store, Bramhall Filling Station, Ack Lane East, Bramhall) as an appendix to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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 to Vary the Premises Licence at Motor Fuel Ltd, Convenience Store, Bramhall Filling Station, Ack Lane East, Bramhall) which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be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.

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

The report details an application from Motor Fuel Ltd to vary the premises licence to extend the hours for the sale of alcohol for consumption off the premises at Motor Fuel Ltd t/a Convenience Store, Bramhall Filling Station, Ack Lane East, Bramhall.

The Sub-Committee is recommended to consider the application for a variation of the premises licence at Motor Fuel Ltd t/a Convenience Store, Bramhall Fulling Station, Ack Lane East, Bramhall.

Officer contact: Caitriona Muldoon on 474 4162 or email: caitriona.muldoon@stockport.gov.uk

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) requesting the Sub-Committee to consider an application from Motor Fuel Ltd to vary the premises licence at Motor Fuel Ltd, Convenience Store, Bramhall Fulling Station, Ack Lane East, Bramhall to extend the hours for the sale of alcohol for consumption off the premises.

The applicant attended the meeting, presented their application, and answered Councillors’ questions in relation to the application.  Two objectors, having previously submitted written representations in relation to this application, also attended the meeting, explained their objections to the proposals and answered Councillors’ questions in relation to the application.

There were no objections made by any responsible authority.

The Sub-Committee having heard all interested parties proceeded to consider the licensing objectives 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 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 received in respect of the prevention of crime and disorder licensing objective, specifically the representations asserted that there had been instances of anti-social behaviour within Bramhall Village and that there was potential for this to be exacerbated should the application for a variation of the premises licence be approved.

The Sub-Committee noted those conditions already imposed on the premises licence in respect of the prevention the crime and disorder licensing objective and further noted that there was an absence of any objective evidence to substantiate the grounds of the objection, and nor had there been any representations made by any of the responsible authorities in relation to this matter.  The Sub-Committee was therefore of the view that there were no further conditions that were both necessary or proportionate in order to address 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 relevant representations had been received in respect of the prevention of public nuisance licensing objective, specifically the representations asserted that there had been instances of noise nuisance within Bramhall Village and that there was potential for this to be exacerbated should the application for a variation of the premises licence be approved.

The Sub-Committee noted those conditions already imposed on the premises licence in respect of the prevention the public nuisance licensing objective and further noted that there was an absence of any objective evidence to substantiate the grounds of the objection, and nor had there been any representations made by any of the responsible authorities in relation to this matter.  The Sub-Committee was therefore of the view that there were no further conditions that were both necessary or proportionate in order to address this licensing objective.

It was then

RESOLVED – That approval be given to the variation of the premises licence to extend the hours for the supply of alcohol for consumption off the Premises to between 00.00 and 24.00 hours, Monday to Sunday.