Agenda and minutes
Licensing Sub Committee Hearing Panel - Tuesday, 2nd May, 2023 10.00 am
Venue: Council Antechamber, Level 2, Town Hall Extension. View directions
Contact: Ian Smith
Application for a New Premises Licence - Dixy Chicken, 5a Wilbraham Road, Manchester, M14 6JS PDF 145 KB
Now contains information from the Principal Licensing Officer and Licensing Out Of Hours.
The Hearing Panel considered a report from the Directorof Planning, Building Control and Licensing. The Hearing Panel also considered the written papers of the parties submitted and the oral representations of the parties who attended as well as the relevant legislation.
The applicant’s agent addressed the Hearing Panel, noting that the application was for late-night refreshments. They stated it was a relatively small premises, with room for 16 customers to sit, with 4 staff working. The agent noted that the premises would not be a destination venue, in that people would not travel to the area for this premises. The only effect of the application, in their opinion, was that local residents would have a wider choice.
The agent felt that the premises was well-run; they had received no complaints or police visits. The applicant had proposed a set of conditions that were aimed at ensuring the premises upheld the Licensing Objectives. The agent noted that the panel must make their decision based on evidence, rather than speculation on what may happen in the future. The agent felt there was no evidence to suggest that the applicant would not uphold the Licensing Objectives and noted that the Cumulative Impact Policy (CIP) for the area had recently expired.
The applicant had previously applied for late-night refreshments in 2021 when the CIP was in place. The agent stated that the previous application had no relevance to the decision to be made at this hearing as the CIP was no longer in place. The agent stated that the applicant had proposed a complete set of enforceable conditions such as staff managing the external area of the premises and identifiable packaging. A condition had been proposed that two members of staff would complete a litter pick at closing time, lasting for at least 30 minutes. The applicant understood the ramifications of conditions not being met.
The applicant’s agent then addressed the resident objections received. They noted that in relation to crime and disorder, there had been no previous issues at the premises. They also informed the panel that the Section 182 guidance states that the Licensing authority should look to the police as the main source of advice on crime and disorder. It was then noted that GMP had not objected to the application. They stated that from the objections received, there was four key themes to them, all related to public nuisance: customers and delivery drivers arriving at the premises, the operation of the premises, dispersal of customers and delivery drivers knocking on doors when arriving to customers. The agent noted that those residents directly above and adjacent to the premises had not objected to the application. The extraction fan used by the premises would not cause a nuisance, evidenced by no complaints having been received regarding it. The applicant would turn down the extraction fan after midnight to reduce noise further. The agent accepted it was inevitable that customers leaving would create some noise but that it was wrong to assume ... view the full minutes text for item 24.