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

The Hearing Panel agreed to take the following three items of Urgent Business:

New Premises Licence - Northern Lights Home, Unit  G08, Flint Glass Wharf, 35 Radium Street, Manchester, M4 6AD – determination

New Premises Licence - Iconic Bar, 29 Richmond Street, Manchester, M1 3LZ – determination

New Premises Licence - Hip Flask, Bedroom 3, 43 Clowes Street, Manchester, M12 5FY - determination

The determination papers are enclosed.

The Hearing Panel noted that the application was agreed by all parties prior to the meeting and was therefore treated as a determination.

In reaching its decision the Panel also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives.

Decision

To grant the licence.

The report of the Director of Planning, Building Control and Licensing is enclosed.

Consideration was given to a report of the Director of Planning, Building Control and Licensing regarding an application for a New Premises Licence.

The Hearing Panel considered the written papers, oral representations of all parties as well as the relevant legislation.

The applicant addressed the Hearing Panel and explained that the premises would be restricted to selling grilled chicken items to meet demand from customers, however, the applicant indicated that, since the submission of the application, they had reconsidered the hours for carrying out the sale of hot food and stated that they wished to amend this to 01:00 for opening hours to the public with a delivery service being provided for customers until 03:00. The Hearing Panel noted that the change of hours (from an initial closing time of 05:00 to 03:00) had been prompted following discussions with local ward councillors, who had objected to the original application.

The applicant explained that the business has 3 to 4 staff employed who would be suitably trained to work within the shop, 1 to 2 drivers for deliveries and that 24 hour CCTV would be in operation to discourage anti-social behaviour.

When questioned, the applicant indicated that they would be taking appropriate steps to ensure that there was no breach of Covid regulations, that they would be applying social distancing rules and focusing more on delivery services.

The applicant stated that they have been suitably trained and had extensive experience in working in other food led establishments.

The Hearing Panel then heard representations from GMP who stated that they objected to the application on the grounds of public nuisance and crime and disorder. The Hearing Panel was advised that the local residents have had to endure disturbance for a number of years now caused by littering, damage and anti-social behaviour and that this had impacted upon their quality of life.

The Hearing Panel was advised that the premises is located within an area that was identified in the Council’s statement of licensing policy as being subject to a stress policy. GMP reminded the Hearing Panel that there should be a strong presumption against all hot food takeaway applications when considering its decision and stated that, in their view, the premises had not demonstrated that it was an exceptional case for justifying granting the application.

Furthermore, the Hearing Panel heard from Licensing Out of Hours that the premises is located in the middle of a row of commercial premises, which includes takeaways, restaurants and alcohol venues, some opening until 4am and that to grant the application would only add to issues of public nuisance especially given the late hour for which the applicant was seeking to operate.

The Hearing Panel was referred again to the Licensing policy and in particular the Withington Stress area policy at section 5 which places restrictions on all new and variation applications being granted.

Licensing Out of Hours stated that in their view the application did not provide any confidence that the licensing objectives would be upheld.  ...  view the full minutes text for item 58.

The Hearing Panel noted that the application was agreed by all parties prior to the meeting and was therefore treated as a determination.

In reaching its decision the Panel also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives.

Decision

To grant the licence.

The Hearing Panel noted that the application was agreed by all parties prior to the meeting and was therefore treated as a determination.

In reaching its decision the Panel also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives.

Decision

To grant the licence.

The Hearing Panel noted that the application was agreed by all parties prior to the meeting and was therefore treated as a determination.

In reaching its decision the Panel also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives.

Decision

To grant the licence.