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

The Chair agreed to the submission of an item of Urgent Business relating to the a determination of a Premises Licence Variation for Mash Tun Manchester.

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

Decision

To grant the determination for a New Premises Licence.

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

Decision

To grant the determination for a New Premises Licence.

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

The Committee was advised during the hearing after the Applicant’s opening submissions that Greater Manchester Police (GMP) no longer objected to the application. In addition the Out of Hours Team (OHH) advised the Committee that they did not object to the application in principle but requested that the hours applied for be reduced until 12 midnight Monday to Thursday and until 1am Friday to Sunday. In addition they sought all the conditions set out in their representation which included the premises only operating as a delivery service after 11pm.

Having listened to all of the evidence the Committee was satisfied that by the imposition of the conditions proposed by the OOH the licensing objectives would be upheld. In particular the Committee agreed that the premises should not trade past 11pm except by way of a delivery service.

The Committee heard evidence that the premises had operated a delivery service from the premises for some time and there had been no complaints from residents how they operated. The Committee took this into account when making their decision to grant the application.

The Committee considered all the objections to the applications but concluded that whilst many have fears this premises will cause a public nuisance there was no ‘real evidence’ to refuse the application.

In regards to the conditions imposed the Committee considered it was appropriate and proportionate to add them to the licence.

Decision

To grant the application for a New Premises Licence for the Shop – Ice Cream Parlour with the following conditions attached to the licence:

-During the hours of late night refreshment the premises shall operate as a delivery service only. No sit in service shall be provided.

-No noise shall emanate from the premises nor vibration be transmitted

through the structure of the premises that gives rise to a nuisance.

- There shall be no admittance to the premises with the exception of delivery

drivers after 23:00 hours.

- The premises and immediate surrounding area shall be kept clean and free

from litter at all times the premises are open to the public.

- All takeaway packaging and wrappers shall clearly identify the premises, ie.

by way of company logo or name.

- Litter bins shall be provided at the premises in sufficient capacity to ensure

that customers can adequately dispose of any litter.

- No rubbish, including bottles, shall be moved, removed or placed in outside

areas between 23:00 and 08:00 hours.

- No deliveries must be made to the premises between 22:00 and 08:00

hours.

- Delivery drivers shall conduct the delivery in a manner that will not cause a

noise disturbance to the occupiers of any residential properties surrounding

the delivery address. This includes the avoidance of slamming doors, playing

loud music, shouting, over revving engines and sounding horns to signal their

arrival. The driver shall turn the engine off immediately upon arrival at the

delivery address and will park considerately without causing any obstruction

to the highway.

Decision

To grant the determination for a Premises Licence Variation.