Agenda item

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

The report details an application from Mr Neil Satmaz for a variation of the premises licence at Casa de Moor, 60 Heaton Moor Road to extend the timings for the sale of alcohol and the playing recorded music and to add the provision of late night refreshment in addition to the removal of the existing conditions on the licence, and their replacement with a further schedule of conditions.

The Sub-Committee is recommended to consider the application for the variation of the premises licence at Casa de Moor, 60 Heaton Moor Road.

Officer contact: Sarah Tooth on 0161 474 44176 or email: sarah.tooth@stockport.gov.uk

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) detailing an application from Mr Neil Satmaz for a variation of the premises licence at Casa de Moor, 60 Heaton Moor Road to extend the timings for the sale of alcohol and the playing recorded music and to add the provision of late night refreshment in addition to the removal of the existing conditions on the licence, and their replacement with a further schedule of conditions.

Representatives of the applicant 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 the application to exclude from its scope that element that proposed the removal of a series of conditions previously imposed on the licence relating to the control of noise that had afforded a degree of protection to local residents.  Consequently, the applicant now proposed to remove only those two conditions that related to the requirement to employ SIA registered door staff on Fridays and Saturdays; and the closure of windows and doors after 19.00 hours.

Three objectors to the proposal, 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 of the premises licence would result in a return to previously reported problems of noise nuisance from amplified music and exacerbate issues of general disturbance experienced in the locality.

The Sub-Committee noted that the applicant had offered to amend their application to retain a number of conditions on the premises licence.  However, the Sub-Committee was of the view that while the schedule of new and existing conditions on the licence would largely serve to mitigate against issues of public nuisance associated with noise, in the light of the representations made, and the proposed removal of the SIA door staff, in order to properly address the prevention of public nuisance licensing objective it would be necessary to impose additional conditions on the licence specifically:-

·         that that the external area shall be cleared of patrons 30 minutes prior to the end of licensable activity Friday-Sunday; and

·         that all doors and windows shall remain closed after 21:00 hours except for access and egress.

It was then

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

·         09.00 to 23.30, Sunday to Thursday.

·         09.00 to 00.00, Friday and Saturday.

(2) That the hours for the playing of recorded music (indoors) be approved as follows:-

·         09.00 to 23.30, Monday to Thursday.

·         09.00 to 00.00, Friday and Saturday.

·         09.00 to 23.00 on Sunday.

(3) That the hours for the provision of late night refreshment (indoors and outdoors) be approved as follows:-

·         23.00 to 23.30, Monday to Thursday.

·         23.00 to 00.00, Friday and Saturday.

(4) That it be noted that the applicant had amended their application to retain to exclude from its scope that element that proposed the removal of a series of conditions previously imposed on the licence relating to the control of noise.

(5) That approval be given to the removal of two conditions on the premises licence that related to the requirement to employ SIA registered door staff on Fridays and Saturdays; and the closure of windows and doors after 19.00 hours.

(6) That that the external area shall be cleared of patrons 30 minutes prior to the end of licensable activity Friday-Sunday.

(7) That all doors and windows shall remain closed after 21:00 hours except for access and egress.

(8) That a digital hard drive CCTV system shall be in operation to cover internal and external areas of the premises. Any area where customers have legitimate access must be sufficiently illuminated for the purposes of CCTV. All CCTV recorded images shall have sufficient clarity / quality / definition to enable facial recognition. CCTV shall be kept in an unedited format for a period of 30 days, any DVD's subsequently produced shall be in a format so it can be played back on a standard personal computer or standard DVD player. Any person left in charge of the premises must be trained in the use of any such CCTV equipment and able to produce / download / burn CCTV images upon request by a person from a responsible authority. CCTV  shall be maintained on a regular basis and kept in good working order. CCTV maintenance records to be kept, details of contractor used and work carried out to be recorded. Where the recording is on a removable medium (i.e. videotape, compact disc, flash card etc.), a secure storage system to store those recording mediums shall be provided.

(9) That the premises operate a Challenge 21 policy.

(10) That the premises shall be a member of the Heaton Moor Security Network.