Agenda item

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

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 outside the premises between 19:00 hours and 07:30 hours the following day.