Agenda and minutes

Licensing, Environment & Safety Sub-Committee B - Tuesday, 10th September, 2013 6.00 pm

Venue: Meeting Room 5, Town Hall. View directions

Contact: Democratic Services 

Items
No. Item

1.

Minutes pdf icon PDF 26 KB

To approve as a correct record and sign the Minutes of the meeting held on 18 April 2013.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 18 April 2013 were approved as a correct record and signed by the Chair.

2.

Exclusion of the Public and the Public Interest Test

To consider whether it is in the public to exclude the public during consideration of agenda item 5 (Licensing Act 2003: Application for a premises licence to be granted at Spiceland, 67a Wellington Road South) and

Agenda item 6 (Licensing Act 2003: Application for a premises licence at Marauder Games) as appendices to the reports contains information relating to an individual, the disclosure of which would not be fair and would therefore be in breach of Data Protection principles.

 

Minutes:

RESOLVED – That notwithstanding the submission of information as part of Agenda Item 5-6 which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be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.

3.

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:

No declarations were made.

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 and at local libraries and information centres).

Minutes:

No public questions were submitted.

5.

Licensing Act 2003: Application For A Premises Licence at Spiceland, 67a Wellington Road South pdf icon PDF 47 KB

The report details an application from Qasim Ellahi for a premises licence to be granted to include the supply of alcohol for consumption off the premises, from Monday to Sunday.  

 

The Sub-Committee is recommended to consider the application for a premises licence at Spiceland.

 

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

 

Additional documents:

Minutes:

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Sub-Committee to consider an application from Craig Gee & Co Solicitors on behalf of Qasim Ellahi for a new premises licence for the supply of alcohol for consumption off the premises at Spiceland, 67A Wellington Road South, Stockport.

 

The applicant and his representative attended the meeting and answered Councillors’ questions in relation to the application together with a representative of Greater Manchester Police who attended the meeting to explain their objections to the proposals and answer Councillors’ questions in relation to the application.

 

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 of Media, Culture 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 raised in respect of this licensing objective, namely that there had been numerous evidenced incidents of anti-social behaviour associated with the consumption of alcohol within the immediate vicinity of the premises.  The Sub-Committee also noted the concern relating to the position of the premises being located on a busy thoroughfare and adjacent to a popular bus stop in the town centre.  The Sub-Committee considered that in the light of this evidence there was a significant and real risk of the existing problems being exacerbated.  The Sub-Committee noted with approval the content of the applicant’s operating schedule with regard to this licensing objective, but determined that in order to properly address this licensing objective, it would be necessary to reduce the proposed hours for the consumption of alcohol off the premises as follows:-

 

16:00 to 20:00 hours, Monday to Sunday.

 

(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 relevant representations had been raised in respect of this licensing objective, namely that there were technical limitations with regard to the proposed CCTV system and that there were concerns in relation to the training in staff to produce images from the CCTV system following an incident at another licensed premises operated by the applicant.  The Sub-Committee was of the view that in order to satisfactorily address this licensing objective it would be necessary to impose the following additional conditions:-

 

·         That a CCTV security system be installed at the premises to a specification agreed with Greater Manchester Police in advance of the opening of the premises.

·         That any person left in charge of the premises must be trained in the use of any such equipment and must be able to produce CCTV images upon request.

 

(iv)       Public Nuisance

 

The Sub-Committee was satisfied that relevant representations had been raised in respect of this licensing objective.  However, the Sub-Committee noted with approval the content of the applicant’s operating schedule and determined that no further conditions were necessary in order to address this licensing objective.

 

It was then

 

RESOLVED – (1) That the hours for the supply of alcohol off the premises be approved from 16:00 to 20:00 hours, Monday to Sunday.

 

(2) That there is a strict proof of ID policy in place and all sales are monitored for compliance with the law.

 

(3) That signs supporting Civil Recovery Schemes, support of Anti-Social Behaviour and drink driving initiatives will be prominently displayed.

 

(4) That no one other than bona fide members of staff will be permitted to remain in the premises.

 

(5) That full co-operation with the local Police will be implemented. There will be immediate reporting of any illegal activities to the Police.

 

(6) That no alcohol will be served unless in sealed containers.  ...  view the full minutes text for item 5.

6.

Licensing Act 2003: Application For A Premises Licence at Marauder Games pdf icon PDF 48 KB

The report details an application from Marauder Games for a premises licence to be granted to include the supply of alcohol, on the premises, the provision of late night refreshments and the provision of recorded music, Tuesday to Sunday.

 

The Sub-Committee is recommended to consider the application for a premises licence atMarauder Games.

 

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

 

Additional documents:

Minutes:

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Sub-Committee to consider an application fromDarran Palmer for a new premises licence for the supply of alcohol for consumption on the premises; the provision of late night refreshments and the provision of recorded music, Tuesday to Sunday at Marauder Games, 1st Floor Hallam Business Centre, Hallam Street, Heavily.

 

A representative of the applicant attended the meeting and answered Councillors’ questions in relation to the application. A number of objectors 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 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 of Media, Culture 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 noted that objectors had raised concerns under this licensing objective, but was satisfied that these were not relevant in accordance with the provisions of the Licensing Act 2003.

 

(ii)        Protection of Children from Harm

 

The Sub-Committee noted that objectors had raised concerns under this licensing objective, but was satisfied that these were not relevant in accordance with the provisions of the Licensing Act 2003.

 

(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, namely that that residents have already been disturbed by the coming and going of visitors to Marauder Games for example noise from the opening and closing of doors to the premises and talking and shouting outside the premises.  In addition to this, concern had been expressed that Marauder Games had recently started using a speaker system during regular events.  It was further stated that the problem of sound leakage from the premises was most notable when the windows of the premises were open and that lighting from the windows on the Hallam Street frontage of the premises disturbed residents in the evenings and at night.  The Sub-Committee noted with approval the content of the applicant’s operating schedule, but determined that in order to properly address this licensing objective it would be necessary to impose the following additional conditions:-

 

(1) That during all the hours of licensable activity:-

 

(i)    All windows on the Hallam Street frontage shall be closed.

(ii)  All windows on the Hallam Street frontage shall be covered during hours of darkness.

 

(2) That a complaints book be maintained at the premises on which all complaints pertaining to public nuisance made in respect of the premises shall be recorded and made available to the police or the local authority upon request.

 

(3) That the premises convene bi-annual meetings with local residents to facilitate discussion relating to issues of public nuisance.

 

It was then

 

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

 

12:00 to 23:00 hours Tuesday to Thursday

12:00 to 01:00 hours on a Friday

08:00 to 01:00 hours on a Saturday and

08:00 to 19:00 hours on a Sunday.

(2) That the hours for the provision of recorded music on the premises be approved as follows:-

 

12:00 to 17.00 hours Tuesday to Wednesday

12:00 to 22:00 hours on a Thursday

12:00 to23:00 hours on a Friday

08:00 to 23:00 hours on a Saturday and

08.00 to 19.00 hours on a Sunday

 

(3) That the hours for the provision of late night refreshments on the premises be approved as follows:-

 

23.00 to 01.30 hours on a Friday

23.00 to 03.00 hours  ...  view the full minutes text for item 6.