Manchester City Council

Agenda and draft minutes

Agenda and draft minutes

Licensing Sub Committee Hearing Panel
Monday, 25th March, 2019 10.00 am

Venue: Council Antechamber. View directions

Contact: Beth Morgan 

Items
No. Item

54.

Urgent Business

To consider any items which the Chair has agreed to have submitted as urgent.

Minutes:

Application for a Premises Licence Variation for Barca, Arches 8 And 9, Catalan Square, Duke Street, Manchester, M3 4WD.

 

The Committee noted that agreement had been reached between the Applicant and all parties who had made a representation, so treated the matter as a determination. 

 

Decision

 

To grant the application subject to the operating schedule and the conditions agreed between the parties.

 

Application for a New Premises Licence for Pepe's Piri Piri, 26 Cheetham Hill Shopping Centre, 40 Bury Old Road, Manchester, M8 5EL.

 

The Committee noted that agreement had been reached between the Applicant and all parties who had made a representation, so treated the matter as a determination. 

 

Decision

 

To grant the application subject to the operating schedule and the conditions agreed between the parties.

 

55.

Application for a New Premises Licence for Shesha Lounge, First Floor, 137-139 Cheetham Hill Road, Manchester, M8 8LY. pdf icon PDF 344 KB

The report of the Head of Planning, Building Control and Licensing is attached.

Additional documents:

Minutes:

The Committee was advised that the premises had been operating since 2007 and that the current application had been submitted following the previous licence lapsing in 2018.

 

It was explained to the Committee that a dispute had arisen between the previous owners of the business resulting in the applicant taking over sole ownership. However, as a result of the dispute the owner overlooked applying to transfer the licence prior to it lapsing.

 

The Committee was advised that the licensable hours under the lapsed licence were the same as what was being applied for in the current application.

 

The Applicant accepted that a number of visits had been made to the premises and that on occasions shutters at the premises had not been open to assist with compliance with the provisions of the Health Act 2006. The applicant advised that they had experienced problems with two of the shutters and that this had contributed to them failing to comply with the requests of the officers from LOOH when visits had taken place.

 

However, the point was made that the business had never been prosecuted for Health Act offences or received any complaints about the premises since it commenced trading in 2007.

 

The Committee was advised that there was no intention to supply alcohol and their focus was purely on providing a shisha pipe service and coffees, mocktails and fizzy drinks.

 

There was an indication given that that the number of persons attending the premises ranged from 40-50 mid- week and 70-100 at weekend.

 

It was also advised that, given the nature of the premises, there was no need to employ door supervisors.

 

Finally, the Applicant stated that sufficient steps had been taken to ensure that children were protected from harm by restricting access to the Premises. 

 

GMP advised the Committee that they objected to the application as the premises was failing to uphold the crime and disorder licensing objective by failing to ensure compliance with the Health Act 2006.

 

LOOH advised the Committee that they had visited the premises on numerous occasions and observed that the shutters had not been open. As a result LOOH had warned that the premises were not at least 50% open to the elements and thus in breach of the Health Act 2006.

 

It was stated to the Committee that on at least one occasion a member of staff did not know who the owner of the premises was and that the buzzer facility at the entrance to the premises was faulty.

 

LOOH indicated that they had concerns over public safety given the nature of the business being operated from the premises

 

The Committee was satisfied that the Applicant would be capable of upholding the licensing objectives.

 

It noted that a significant number of conditions had been proposed by the Applicant to assist the premises in meeting its responsibilities under the Licensing Act 2003.

 

However, it was apparent to the Committee that further training was required on the part of the management/ staff to reinforce its  ...  view the full minutes text for item 55.