Agenda and minutes

Licensing, Environment & Safety Sub-Committee B
Monday, 22nd October, 2018 6.00 pm

Venue: Room 206, Town Hall. View directions

Contact: Damian Eaton  (0161 474 3207)

Items
No. Item

1.

Minutes pdf icon PDF 56 KB

To approve as a correct record and sign the Minutes of the meeting held on 7 August 2018.

Minutes:

The Minutes of the meeting held on 7 August 2018 (copies of which had been circulated) were approved as a correct record and signed by the Chair.

2.

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.

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 the Variation of the Premises Licence at Dutson’s Cafe, 22-24 Town Street, Marple Bridge) as the report contained information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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 5 (Licensing Act 2003: Application for the Variation of the Premises Licence at Dutson’s Café, 22-24 Town Street, Marple Bridge) which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be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.

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.

5.

Licensing Act 2003: Application for the Variation of the Premises Licence at Dutson's Café, 22-24 Town Street, Marple Bridge pdf icon PDF 75 KB

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

 

The report details an application for the variation of the premises licence at Dutson’s Café, 22-24 Town Street, Marple Bridge to extend the hours for the sale of alcohol on and off the premises from 19:00 to 23:00 Wednesday to Saturday and from 17:00 to 21:00 on Sunday.

 

The Sub-Committee is recommended to consider the application for the variation of the premises licence at Dutson’s Café. 22-24 Town Street, Marple Bridge.

 

Officer contact: Peter Cooke on 0161 474 4851 or email: peter.cooke@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 Dutson & Dutson Limited to vary the premises licence under the Licensing Act 2003 at Dutson’s Café, 22-24 Town Street, Marple Bridge to extend the hours for the sale of alcohol on and off the premises from 19:00 to 23:00 Wednesday to Saturday and from 17:00 to 21:00 on Sunday.

 

The applicants attended the meeting and answered Councillors’ questions in relation to the application. At this stage in the proceedings, the applicants indicated that they would be prepared to amend the application to include a further condition which stated that there shall be no bottles emptied outside the premises between 19:00 hours and 07:30 hours the following morning.

 

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 proposed variation would exacerbate existing levels of disturbance and noise nuisance being experienced in the locality.

 

Having noted the grounds of the relevant representations, the Sub-Committee considered that there was an absence of any objective evidence to substantiate the grounds of the objections.  Particular note was made of the fact that the premises had applied for a number of Temporary Event Notices to permit the sale of alcohol for wine tastings and special events on a number of occasions which had not given rise to any complaints to Environmental Health; moreover nor had there been any representations made by any of the responsible authorities in relation to this licensing objective.

 

The Sub-Committee also noted with approval the content of the applicant’s operating schedule and specifically that signage would be provided which encouraged customers to leave quietly and respect neighbours.

 

Further, the Sub-Committee noted that the applicant had offered to amend their application to include a further condition which stated that there shall be no bottles emptied outside the premises between 19:00 hours and 07:30 hours the following day.

 

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 07:30 hours to 19:00 hours, Monday and Tuesday.

·         from 07:30 hours to 23:00 hours, Wednesday to Friday.

·         from 08:00 hours to 23:00 hours on Saturday

·         from 09:00 hours to 21:00 hours on Sunday

 

(2) That the stated, standard opening hours be noted as being:-

 

·         from 07:30 hours to 19:00 hours, Monday and Tuesday.

·         from 07:30 hours to 23:00 hours, Wednesday to Friday.

·         from 08:00 hours to 23:00 hours on Saturday

·         from 09:00 hours to 21:00 hours on Sunday

 

(3) That there shall be no bottles emptied  ...  view the full minutes text for item 5.