Agenda and minutes

Licensing, Environment & Safety Sub-Committee B
Tuesday, 7th August, 2018 6.00 pm

Venue: Room 206, Town Hall. View directions

Contact: Damian Eaton  (0161 474 3207)

Items
No. Item

1.

Declarations of Interest

Councillors and officers are invited to declare any interests which they have in any of the items on the agenda for the meeting.

Minutes:

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.

2.

Public Question Time

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).

Minutes:

No public questions were submitted.

3.

Exclusion of the Public and the Public Interest Test

To consider whether it is in the public interest to exclude the public during consideration of agenda items 4 (Licensing Act 2003: Application for a New Premises Licence at Woodford Garden Village) as the report contained information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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.

Minutes:

RESOLVED – That notwithstanding the submission of information as part of Agenda Item 4 (Licensing Act 2003: Application for a New Premises Licence at Woodford Garden Village) which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be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.

4.

Application for a new premises licence at Woodford Garden Village pdf icon PDF 80 KB

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

 

The report details an application from J.W.Lees & Co (Brewers) Limited for a new premises licence to be granted under the Licensing Act 2003 at Unnamed Road, Off Chester Road, Woodford, Stockport for the provision of late night refreshment (indoors) Monday to Sunday 23:00 – 00:30 and the supply of alcohol (on and off the premises) Monday to Sunday 08:00 – 00:00.

 

The Sub-Committee is recommended to consider the application for a new premises licence at the unnamed premises, Unnamed Road, Off Chester Road, Woodford, Stockport.

 

Officer contact: Lindsey Delamore on 0161 474 4275 or email: lindsey.delamore@stockport.gov.uk

Additional documents:

Minutes:

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 J.W.Lees & Co (Brewers) Limited for a new premises licence to be granted under the Licensing Act 2003 at Unnamed Road, Off Chester Road, Woodford, Stockport for the provision of late night refreshment (indoors) Monday to Sunday 23:00 – 00:30 and the supply of alcohol (on and off the premises) Monday to Sunday 08:00 – 00:00.

 

The applicants and their representative attended the meeting and answered Councillors’ questions in relation to the application. At this stage in the proceedings, the applicant’s representative indicated that the applicant would be prepared to amend the application to:-

 

·         reduce the hours for the supply of alcohol on and off the premises to between 08.00 hours and 23.00 hours, Sunday to Thursday. 

·         reduce the hours for the provision of late night refreshment from 23.00 hours to 23.30 hours, Sunday to Thursday.

·         reduce the specified opening hours to between 08.00 hours and 23.30 hours, Sunday to Thursday; and

·         propose a further condition such that the sale of alcohol between 08.00 hours and 10.00 hours Monday to Sunday shall only be ancillary to the sale of food.

 

Two objectors to the proposal who, 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 representations made by any responsible authority.

 

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 the Council’s Licensing Policy and the guidance from the Department for Digital, 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 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 relevant representations had been raised in respect of this licensing objective, specifically the representations asserted that the granting of a premises licence would result in noise nuisance caused by late night traffic; patrons exiting the premises late into the night; and the clearing of the building following the closure of the premises in the early hours of the morning.

 

However, while the Sub-Committee noted the concerns expressed by local residents, 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 also noted with approval the content of the applicant’s operating schedule in respect of the prevention of public nuisance licensing objective, specifically that that notices would be positioned at the exits to the building; asking customers to leave in quiet manner; and that the emptying of bins into skips and refuse collections would not take place between 11pm and 8am.

 

Further, the Sub-Committee noted with approval the schedule of amendments to the original application proposed by the applicant that served to mitigate against the concerns expressed in the representations relating to late night noise disturbance.

 

The Sub-Committee was therefore of the view that there were no further conditions that were both necessary and appropriate in order to address the prevention of public nuisance licensing objective.

 

It was then

 

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

 

·         from 08.00 hours to 23.00 hours, Sunday  ...  view the full minutes text for item 4.