Agenda and minutes

Agenda and minutes

Licensing Sub Committee Hearing Panel - Monday, 26th June, 2023 10.00 am

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

Contact: Ian Smith 

Items
No. Item

50.

Urgent Business - Representation to Interim Measures - The Lawn Club, Hardman Square, Manchester, M4 3HG pdf icon PDF 139 KB

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

Additional documents:

Minutes:

The Hearing Panel considered a report from the Headof 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, the Hearing Panel heard from Greater Manchester Police (GMP), who informed the panel of the incident that brought an interim steps hearing before them previously. The incident took place on Sunday 4 June 2023 and involved a firearm being produced on the premises, with a suggestion of a stabbing taking place. As GMP felt the premises to be associated with serious crime and serious disorder, they requested a suspension of the Licence pending the full hearing. Since then, meetings had taken place between GMP and the premises. Additional conditions had been discussed and produced by the premises, that had been submitted to the panel for consideration.

 

The applicant’s agent then addressed the Hearing Panel, noting that there had been no contest to the suspension requested by GMP at the original interim steps hearing. They noted that the applicant had made this representation as they believed it safe, appropriate and proportionate to do so. The agent noted that GMP were in support of the additional conditions proposed, and that the representation would not have been made without that. The agent was asking the panel to modify the interim steps decisions by lifting the suspension subject to the additional conditions they had put forward.

 

The applicant’s agent noted that the incident was out of character for the premises and that there had been no licensing breaches prior to this. The original Licence did not require door staff to be employed by the premises but they were, highlighting the premises going above and beyond their original licence conditions.

 

The applicant’s agent then took the Hearing Panel through the additional conditions as laid out in the information submitted. They also noted that Licensing Out of Hours had been involved in the meetings to formulate the conditions, alongside GMP. The agent felt that a random search policy was sufficient and that full searches would change the style and atmosphere of the Premises. There was CCTV at the venue already, although not a condition on the Licence, and the applicant had added further CCTV to the premises. It was noted that all CCTV available was provided to GMP when requested following the incident. Additional staff training in conflict management and crime scene preservation formed part of the conditions too. The applicant’s agent believed that the conditions put forward would bolster the Licence and increase safety.

 

The premises was ready to implement the conditions immediately and were confident of there being no ongoing risk according to the applicant’s agent. It was noted that the Section 182 guidance, paragraph 9.12 referenced that Responsible Authorities should be considered the experts in providing advice to the panel when deciding what, if any, steps should be taken. In this instance, both GMP and LOOH supported the  ...  view the full minutes text for item 50.

51.

Application for a Premises Licence Variation - Fallowfield Convenience Store, 240-242 Wilmslow Road, Manchester, M14 6LD pdf icon PDF 140 KB

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

Additional documents:

Minutes:

The Hearing Panel was informed that contact had been received from the applicant requesting an adjournment due to a family matter.

 

Decision

 

To adjourn the matter until a later date.

52.

Application for a New Premises Licence - Sam Off Licence, 20a Swan Street, Manchester, M4 5JW pdf icon PDF 113 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.

 

The applicant’s agent addressed the Hearing Panel, noting the application had been amended as per an email provided to the panel, GMP and LOOH. The agent addressed concerns regarding the applicant’s knowledge of the Licensing Act and Licensing Objectives, noting that they did understand them. GMP had referenced the applicant not knowing proxy sales, however the agent stated that they did but did not know the term. The agent accepted the applicant had no particular experience of running a Licensed Premises and that was why they had suggested a reduction in hours from 1.00am to 23.00. The agent informed the panel of the other modifications to the proposed Operating Schedule.

 

The applicant noted that they had worked in the area for a number of years and had seen the potential for a premises of this kind.

 

The panel questioned if the applicant was aware of the Licensing Objectives. The applicant was and listed the four Licensing Objectives.

 

GMP questioned what the applicant would do if someone looked young tried to buy alcohol and if the applicant was aware of the PSPO. The applicant stated they would operate Challenge 25 and ask for photo ID. They would refuse sale if the customer was under 18 and keep a record in the refusal book. The applicant was aware that customers could not drink alcohol on the street under the PSPO.

 

The panel questioned if the amended hours altered the applicant’s staffing plans. The applicant’s agent noted that the condition requiring a second member of staff from 10.00pm had been removed due to the reduction in hours from 01.00am to 11.00pm.

 

GMP addressed the Hearing Panel, noting the application had changed since their representation was made. They felt it was clear the applicant’s knowledge was there and did understand what was necessary. With the modified application, GMP were happy for the Licence to be granted.

 

LOOH addressed the Hearing Panel, agreeing with GMP’s statement. LOOH added that they wanted to see a condition relating to the PSPO.

 

GMP and LOOH had nothing to add when invited to sum up.

 

The applicant’s agent summed up by stating they were happy to agree to an additional condition relating to the PSPO.

 

In reaching its decision the Committee also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made thereunder, and the Guidance issued by the Secretary of State under Section 182 of that Act and the Licensing Objectives. The panel considered that the application had been amended, particularly in relation to hours. The panel were satisfied that both GMP and LOOH were now in agreement to grant the application as amended. The panel agreed that the amended application would ensure that the Licensing objectives would be upheld.

 

Decision

To grant the Licence,  ...  view the full minutes text for item 52.

53.

Temporary Event Notice - Empire House, 2 Empire Street, Manchester, M3 1JA pdf icon PDF 83 KB

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

Additional documents:

Minutes:

The Hearing Panel was informed that contact had been received from the applicant requesting an adjournment due to a family matter.

 

Decision

 

To defer the matter until a later date.