Manchester City Council

Agenda and draft minutes

Agenda and draft minutes

Licensing Sub Committee Hearing Panel
Monday, 20th May, 2019 10.00 am

Venue: Council Antechamber. View directions

Contact: Beth Morgan 

Items
No. Item

85.

Urgent Business

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

Minutes:

Application for a New Premises Licence for Cityco, Third Floor, Lloyds House, 18-22 Lloyd Street, Manchester, M2 5WA.

 

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 agreed terms and conditions.

 

Application for a New Premises Licence for Co-op, Units 1-3 Smiths Yard, 43 Blossom Street, Manchester, M4 6AJ.

 

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 agreed terms and conditions.

 

Application for a New Premises Licence for Street Urchin, Unit 2, Astley Building, 72 Great Ancoats Street, Manchester, M4 5BG.

 

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 agreed terms and conditions.

 

 

86.

Application for a New Premises Licence for Campfield Market Hall, Campfield Avenue Arcade, M3 4FH - For Manchester International Festival (from 24/06/2019 to 22/07/2019) pdf icon PDF 319 KB

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

Additional documents:

Minutes:

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 agreed terms and conditions.

 

87.

Application for a New Premises Licence for Kids Palace Ltd, 3 Keymer Street, Manchester, M11 3FY. pdf icon PDF 417 KB

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

Additional documents:

Minutes:

The Committee was advised that the Application was made with a view to providing a venue to support and enhance community activities and one that was affordable to hire for such purposes.

 

The Committee was advised that a TEN had taken place in December 2018 and that there had been no complaints arising out of the event.

 

As a consequence, the Applicant stated that they wished to apply for a licence which would allow for licensable activities to be provided all year round without the need to resort to applying each time for a TEN to support an event.

 

The DPS indicated that she had received licensing training and that she would be responsible for personally providing training to three other members of staff.

 

An indication was given to the Committee that, should the licence be granted, security at the venue would be overseen by communities / organisations responsible for hiring the premises.

 

Whilst the premises did encourage family participation at such events the committee was advised that children would not be allowed into areas where alcohol was being served.

 

It also stated that noise levels would be kept to a minimum to respect residents peace and enjoyment of their neighbourhood .

 

Furthermore, the DPS indicated that the premises would look to avoid holding events at times when there was a clash with other attractions in the locality eg football matches at the Etihad Stadium.

 

In addition, the premises offered to amend the terminal hour for all licensable activities to 1am.

 

Summary of GMP evidence

 

GMP stated that the Application was vague and did not instil confidence that the premises would be capable of upholding the licensing objectives.

 

It was suggested that the DPS did not possess the experience to manage the premises effectively and concerns were expressed about who would be running the premises in the absence of the DPS and whether such staff had received appropriate training.

 

Whilst the premises indicated an intention to provide CCTV footage if requested,  GMP stated that, in their view, this may not always be possible given that it was controlled by the landlord.

 

Concern was also expressed that, if the licence was granted, the premises could be sold on without appropriate safeguards in place to uphold the licensing objectives.

 

Trading Standards were concerned about the Protection of Children licensing objective at the premises without suitable conditions being added to the licence.

 

There appeared to be no age challenge policy in place or any evidence to suggest that the premises would keep a refusals log to monitor persons who were refused sales of alcohol.

 

Summary of Licensing Authority’s Evidence 

 

Committee was advised that there appeared to be a lack of direction as to how the premises would be managed and controlled.

 

The Committee was referred to its own Licensing Policy and reminded of the operating standards that were to be expected of licensable establishments within the City.

 

An isolated TEN event without complaint should not be taken to assume that the premises would  ...  view the full minutes text for item 87.

88.

Application for a New Premises Licence for Vibes Bar and Restaurant, 414-416 Wilbraham Road, Manchester, M21 0SD. pdf icon PDF 336 KB

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

Additional documents:

Minutes:

The Committee was advised by the Applicant that conditions had been agreed with all the Responsible Authorities.

 

Furthermore, it was made clear to the Committee that there had been subsequent agreement reached with the outstanding objector, a nearby resident, to adhere to the conditions that had been requested.

 

Decision

 

To grant the Application subject to all the conditions agreed with responsible authorities / resident.

 

89.

Application for a Premises Licence Variation for Victoria Inn,196 Burnage Lane M19 1FL. pdf icon PDF 421 KB

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

Additional documents:

Minutes:

The Committee was advised that this was a simple application to extend the hours for licensable activities and revoke / amend conditions on the licence that were now inappropriate.

 

The Applicant accepted that there had been a breakdown in the relationship between the premises and the licensing out of hours team but had sought to rectify matters and move forward constructively.

 

The Applicant accepted that there had been breaches of the existing licence but claimed that this had occurred following a misunderstanding by the landlord as to the  extent of restrictions placed upon the licence , most notably the hours relating to the sale of alcohol.

 

The Applicant recognised that the Application was deficient in many ways and was not robust enough to satisfy concerns of the Licensing Authority that the licensing objectives would be upheld. To this end, Committee was advised that it would be entirely appropriate for conditions to be added to the licence, should the variation be granted.

 

The Committee was advised that LOOH endeavour to work closely with licensing establishments to ensure that such premises are managed effectively to ensure compliance with the licensing legislation.

 

However, in this instance, the Committee was advised that engagement with the Landlord had been difficult and the view was expressed that there had been hostility when officers had been trying to carry out their responsibilities when inspecting the premises.

 

It was explained that their main concern was Public Nuisance emanating from the premises and the Committee was referred to its own licensing policy and the standards identified to prevent such nuisance.

 

The Committee was advised that the Premises had breached the licence on more than one occasion and had failed to take appropriate steps to ensure compliance.

 

It was explained that there had been complaints received from nearby residents over the past 12 months and that despite efforts to engage the premises had been unwilling to meet with the officers.

 

Eventually, when a meeting was arranged in October 2018 it was apparent that a number of steps had been discussed to progress matters but unfortunately such steps had not been actioned.

 

The Committee was satisfied that the additional conditions agreed with the responsible authorities would suffice in ensuring that the licensing objectives were not undermined.

 

It was satisfied that there had been a breakdown in communications between the premises and the responsible authorities but accepted that the premises was generally a well-run public house for the benefit of the community.

 

The Committee accepted the explanation given that there had been a genuine misunderstanding as to the licensable hours that were in operation under the current licence but nevertheless recognised that the premises should do more and be more aware of its responsibilities to uphold the licensing objectives. To this end, they expected the premises to work more closely and co-operate with the responsible authorities to ensure such compliance.   

 

In arriving at its decision the Committee took into account the Licensing Act 2003, s182 guidance, licensing objectives and its own licensing  ...  view the full minutes text for item 89.