Agenda item

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

The report details objection notices issued by Greater Manchester Police and Stockport Council’s Environmental Health service against four temporary event notices issued by Mr Qamar Zaman in respect of Brocco Bar, 281-285 London Road, Hazel Grove, Stockport.  The objections are on the gounds that the temporary event notices would fail to promote the prevention of crime and disorder and public nuisance licensing objectives.

The Sub-Committee is recommended to consider the objection notices issued by Greater Manchester Police and Stockport Council’s Environmental Health service and determine whether a counter notice should be issued to Mr Qamar Zaman in respect of each of the temporary events.

Officer contact: Sarah Tooth on 0161 474 4176 or email: sarah.tooth@stockport.gov.uk

A representative of the Corporate Director for Place Management & Regeneration submitted a report (copies of which had been circulated) detailing objection notices issued by Greater Manchester Police and Stockport Council’s Environmental Health service against four temporary event notices issued by Mr Qamar Zaman in respect of Brocco Bar, 281-285 London Road, Hazel Grove, Stockport for the sale by retail of alcohol, the provision of regulated entertainment, and the provision of late night refreshment

In accordance with Section 104(2) of the Licensing Act 2003 the Licensing Authority had received objection notices from Greater Manchester Police and Stockport Council’s Environmental Health in respect of four temporary event notices issued by Mr Qamar Zaman on the grounds that allowing the premises to be used in accordance with the notices would fail to promote the prevention of crime and disorder, public safety and public nuisance licensing objectives.

The applicant and representatives of Greater Manchester Police and Stockport Council’s Environmental Health service attended the meeting and answered Councillors’ questions in relation to the application.

At this stage in the proceedings, the applicant indicated that they would be prepared to amend their notices such that the terminal hours for licensable activity would be 01:00 hours and to reduce the maximum number of people at any one time that would be allowed to be present at each event from 250 persons to 240 persons.

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.

It was then

RESOLVED - That having heard objections submitted on behalf of the Chief Officer of Greater Manchester Police and the Head of Environmental Health at Stockport Council to four temporary event notices issued by Mr Qamar Zaman to authorise the use of Brocco bar, 281-285 London Road, Hazel Grove for the sale by retail of alcohol, the provision of regulated entertainment, and the provision of late night refreshment and having considered all the evidence presented, the Sub-Committee determined the following:-

(i)         To dismiss the objection made by Environmental Health in respect of the proposed hours of operation potentially giving rise to noise nuisance thereby failing to promote the prevention of public nuisance licensing objective. 

The Sub-Committee was of the view that the evidence offered by Environmental Health did not substantiate the claim of public nuisance.  Moreover, the applicant had offered to amend their application such that the terminal hours for licensable activity would be 01:00 hours, and the applicant had also offered to mitigate against the potential for noise breakout by reordering the placement of speakers within the premises which would largely obviate the grounds of the objection.

(ii)        To uphold the objection made by the Chief Officer of Greater Manchester Police in respect of the premises operating without a satisfactory operating schedule thereby placing patrons at risk of crime and disorder and compromising public safety. 

The Sub-Committee noted that the applicant had submitted a proposed operating schedule that aimed to address the deficiencies identified by the police in their objection – specifically the employment of door staff; the operation of a Challenge 25 policy; and the operation of CCTV at the premises.

However, the Sub-Committee was aware that the premises had previously demonstrated its inability to adhere to the conditions on its former premises licence relating to these activities, such that the premises licence was revoked as part of a review of the licence considered by this Authority. 

The Sub-Committee had heard no evidence to suggest that there had been a sufficiently significant change in the managerial capability and operation of the premises since this time and it was therefore both a credible and likely probability that the premises would fail to adhere to the conditions stipulated within the operating schedule.  The Sub-Committee was therefore of the view that the authorisation of the four temporary event notices would therefore fail to promote the prevention of crime and disorder and public safety licensing objectives.  In arriving at this conclusion, the Sub-Committee attached no weight to the additional issues relating to underage drinking raised during the course of the hearing by the representative of Greater Manchester Police.

The Sub-Committee therefore determined that a counter notice be issued to Mr Qamar Zaman under Section 105(3) of the Licensing Act 2003 for the prevention of crime and disorder and public safety in respect of each of the four temporary events notices to authorise the use of Brocco Bar for the sale by retail of alcohol, the provision of regulated entertainment, and the provision of late night refreshment.