Agenda and minutes

Agenda and minutes

Licensing Sub Committee Hearing Panel - Monday, 19th June, 2023 10.00 am

Venue: Council Antechamber, Level 2, Town Hall Extension. View directions

Contact: Ian Smith 

Items
No. Item

43.

Urgent Business - Eva, 27 Sackville Street, Manchester, M1 3LZ - Temporary Event Notice pdf icon PDF 83 KB

To consider the item urgent business, as agreed by the Chair.

Additional documents:

Minutes:

The Chair agreed to the submission of the above application as consideration of Urgent Business.

 

The Hearing Panel considered a report from the Directorof Planning, Building Control and Licensing concerning the above application. The written papers and oral representations of the parties who attended were also considered, as well as the relevant legislation.

A notice had been received by the Local Authority in respect of a Temporary Event Notice (TEN) to use the pavement space immediately outside the venue on Sackville Street along the front elevation of the building and also to the side elevation on Richmond Steet and Bloom Street.

 

An objection notice had been received from Licensing and Out Of Hours (LOOH) on the basis that to allow two extra bars on the Richmond Street & Bloom Street sides of the premises would take up extra room at a pinch point which would obstruct the public highway where people could walk through or rest and would undermine the Licensing Objective (LO) of Public Safety.

 

A representative of the LOOH team advised that the premises had a large outside bar as well a Glitter and stage area. The TEN involved two additional bars and in view the increased popularity of PRIDE, the proposed additional bars would take up space where people would stand. She also made reference to previous objections to TENs during PRIDE, a verbal agreement was reached with each premises that an additional stage and a bar could be accommodated as long as they were within the parameters agreed. It became clear upon questioning however that the premises had not been part of that collective agreement and had no knowledge of it.

 

The Applicant confirmed that he was the Designated Premises Supervisor and operator and had been for seven and a half years. He outlined that these events were key to survival, that the LO’s and the safety of his staff would be upheld. He added that he employed 25 people, including more Security Industry Authority (SIA) staff than his licence required, operated Challenge 25 policy, and used metal detector wands and body cameras with audio recording. The premises had had previous TENs in 2019, 2021 and 2022, (2020 being COVID year and therefore not applicable).

 

The bars were the size of one of the Committee tables/desks and were mobile units. The nature of the event was that people would move around and that the location of the bars would be located had no specific entertainment scheduled and therefore people could get a quick drink and move on. The Applicant stated that he believed he had addressed the objections by way of barriers and staffing. He accepted the area was congested but that this was applicable to the whole area during PRIDE. He asserted that there was no intention to put his livelihood or his staff at risk and gave emphasis to GMP having not served an Objection Notice

 

In reaching its decision the Committee also have considered the Council’s Statement of Licensing Policy, the Licensing Act  ...  view the full minutes text for item 43.

44.

Application for a Premises Licence Variation - Area, 50 Sackville Street, Manchester, M1 3WF pdf icon PDF 113 KB

Contains additional information from the applicant.

Additional documents:

Minutes:

The Hearing Panel considered a report from the Directorof Planning, Building Control and Licensing concerning the above application. The written papers and oral representations of the parties who attended were also considered, as well as the relevant legislation.

 

An application had been received vary the current licence as follows: -

 

1.    Extend the terminal hour for the sale of alcohol, regulated entertainment and Late Night Refreshment (LNR) to 0500 hours (the following day) on a Friday and Saturday. (Current hours 0300)

 

2.    To extend the hours the premises is open to the public to 0530 hours (the following day) on a Friday and Saturday, (Current hours 0330).

 

The premises was formerly known as Tribeca and had been renamed ‘AREA’ following a takeover by RVLC Limited in August 2022. Several Temporary Event Notices had operuntil 0500 without incident or any issues arising, leading up to Christmas.

It was submitted that RVLC Limited (‘the company’) comprised of experienced operators originally based in London with a number of premises, including two on Canal Street (Mantos and Vanilla). This being the company’s third venue in Manchester would allow the pooling of resources of 8 qualified Premises Licence Holders across the group in the city. An outline of the proposed operators’ range of experience was provided. An intention to use the premises as a LGBTQ+ community asset was also asserted. A complete refurbishment of the venue had been undertaken, including the commencement of a complete overhaul of acoustic works in view of the previous history of noise emanation. A copy of the acoustic assessment report was submitted for information. The Applicant advised that the 05:00 terminal hour request was to provide parity with other venues and remove the notable disadvantage. The venue had addressed dispersal and the Management policy was included with the application documentation. There had been no police reports inside or outside the venue.

 

There had been 10 initial representations regarding the application, when the application was originally submitted in January 2023. Those representations had resulted in the operators engaging with local residents because of historical issues with the former premises, Tribeca. Those discussions had led to the overhaul of acoustic works.

 

A resident attended the meeting and accepted that the Applicant had spent a lot of money and energy in soundproofing the venue and working with local residents.. He confirmed that there did not appear to be any problems with the sound levels anymore,and instead were more focused on the dispersal and loitering in the vicinity after the premises had closed. He requested the venue put in place patrols around the perimeter of the building as part of the Licence conditions between midnight and closing time and highlighted that one of residents still had problems with noise outside and there were some problems with smoke rising from people smoking outside. He also stated there were issues with the fencing outside but accepted that the Applicant made efforts to try to stay within half the width of the pavement.  ...  view the full minutes text for item 44.

45.

Application for a New Premises Licence - Affetto Food Ltd, 386 Barlow Moor Road, Manchester, M21 8BH pdf icon PDF 126 KB

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

Additional documents:

Minutes:

The Hearing Panel considered a report from the Directorof Planning, Building Control and Licensing concerning the above application. The written papers and oral representations of the parties who attended were also considered, as well as the relevant legislation.

In line with the established procedure for such hearings, the Applicants addressed the Panel and explained that they intended to open an Italian deli/restaurant on the junction of Barlow Moor Road and Maple Avenue.

 

The Applicants had two further premises is Didsbury Village and Wilmslow both of which had operated without any issues and had attracted a loyal customer base. The Applicants were therefore keen to enhance the local area with this Application and minimise any existing issues.

 

The initial Application had been for a licence to sell alcohol from 0800 to 2400 daily with the same opening hours. However, following detailed discussions with residents just prior to the hearing, the application was verbally amended at the meeting for the sale of alcohol from 10:00 to 22:00 Monday to Sunday to take on board local residents concerns. Opening hours were also verbally amended in the hearing from 9.30 to 23:00 to enable some preparation time prior to opening.

 

A number of local resident representations had been received in response to the application. Those in attendance confirmed they had entered into discussions with the Applicant and explained that their understanding from those discussions was the amended Application was for the sale of alcohol license and opening hours of 10:00 to 22:00; they had not however agreed to the premises staying open until 23:00 hours.

 

The residents in attendance also requested the following be considered for inclusion as licence conditions: -

 

  1. The premises had a garden area in the premises, and they requested a condition that the premises would not serve customers after 7pm in this area, on any day.
  2. Management of traffic and bicycles; there were parking issues in the area and it was difficult for people who lived there and also dangerous for children. The people who lived and parked there were not very good at manoeuvring. The residents attending went onto state they had been assured that people working in shop would not be parking there and the premises was not intending to draw from a wider market.
  3. Management of waste and rodent control.
  4. Regular contact between the premises and residents.
  5. Should a Temporary licence be applied for in the future eg for a birthday party – that the applicant should consult with residents before going ahead with that Application.

 

In reaching its decision the Panel 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.

The Panel gave close consideration to the representations of the residents and the existing problems in the area.

 

The Panel took into consideration that the Applicant operated two other premises in similar areas and there was no evidence before  ...  view the full minutes text for item 45.

46.

Application for a Premises Licence Variation - Seven Sins, Unit G1, The Hive, 47-51 Lever Street, Manchester, M1 1FN pdf icon PDF 123 KB

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

Additional documents:

Minutes:

The matter was withdrawn from the agenda as notice was given that agreement had been reached with the Licensing Out Of Hours Team as the only entity who had made representations against the application.

47.

Application for a Premises Licence Variation - Love Factory, 200-204 Dantzic Street, Manchester, M4 4DD pdf icon PDF 119 KB

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

Additional documents:

Minutes:

The Hearing Panel considered a report from the Directorof Planning, Building Control and Licensing concerning the above application. The written papers and oral representations of the parties who attended were also considered, as well as the relevant legislation.

 

There were effectively two Applications to vary the current licence conditions

 

Application 1: Premises Licence No. 260078

 

  1. To extend the hours for the sale of alcohol, regulated entertainment until 0100 hours daily
  2. To extend the opening hours until 0130 hours daily

 

Application 2: Premises Licence No. 272412

 

  1. To extend the hours for the sale of alcohol, regulated entertainment until 0100 hours daily
  2. To extend the opening hours until 0130 hours daily
  3. to remove Condition 9 at Annex 2 which reads as follows:

“Other than the event ‘The Summer of Love Festival’ there shall be no amplified music in the marquees or in any of the external licensed areas after 20:00 hours”.

And to replace with the following:

Addition to the end of Condition 7 of Annex 2 – A record shall be kept of all monitoring which takes place outside the boundary of the premises, including the date, time and location of monitoring; the name of the monitor, and any action taken. Records shall be kept for no less than six months and shall be made available upon request by a Police Officer or an Authorised Officer of Manchester City Council.

 

In line with the established procedure, the Applicant’s representative outlined the venue as a ‘pop-up’ type site; a two warehouse space on industrial patches of land turned into an event space. In due course this area of land was to be developed into residential properties. The landlord was a large stakeholder with the Local Authority and in the meantime, the Applicants had taken on the site in 2021 with a view to presenting different events for music, culture and corporate events pending that development. They had undertaken the lease for 2 years on a three-month rolling determination which would end in September 2024.

 

Two separate licences with a combination of conditions on both were submitted. The reason for the syubmission of two separate licences was because one part had been ready to come on stream before the other one. The Applicants had previously presented the ‘Summer of Love’ (SOL) Festival in 2021 which ran over two days, and it was this that had given rise to the complaints and representations.

 

The first licence to be granted chronologically was to Animal Crossing Music Limited and was granted in 2021 without conditions. The second, granted to Summer of Love Limited was granted in May 2022. The Applicant was now seeking a consolidation of the entire space.

The Applicant’s Representative outlined that the premises was often used for indoor corporate staff parties and promotions and the current closing time of 23:00 was not sufficient for this purpose as longer hours were often requested to facilitate the use of the premises for product launches. Emphasis was given to this being only for indoor  ...  view the full minutes text for item 47.

48.

Temporary Event Notice - NIAMOS Arts and Cultural Centre, Nia Centre, Chichester Road, Manchester, M15 5EU pdf icon PDF 84 KB

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

Additional documents:

Minutes:

The matter was withdrawn at the request of the Applicant who had indicated that the event would no longer be going ahead.