Contains new information from the applicant.

The Hearing Panel considered a report from the Director of Planning, Building Control and Licensing concerning an application for a New Premises Licence. The Hearing Panel 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 representative, Mr N Semper attended with the applicants Mr and Mrs Bansal along with Ben Scott from Licensing and Out of Hours compliance Team (LOOH) and Naaira Zaman from Public Health.

The Chair conducted the hearing in accordance with the agreed procedure.

The applicant’s agent addressed the Hearing Panel and stated that this was a 24 hour alcohol home delivery service application run by responsible operators and using their own drivers. The applicants run 2 other schemes in Trafford and Warrington without any issues. As well as alcohol, there was delivery of other everyday products. As the applicants had other identical schemes, they would like to have this application treated in accordance with these others. All objections would have to be evidence based and addressing this application. Furthermore, the applicants have to be able to prove that they are able to uphold the licensing objectives and there was no evidence or history against the applicants. Of all the responsible authorities, only LOOH and Public Health remained with LOOH’s main concerns being around Challenge 25 and driver training. The applicants had submitted a previous application which was declined by the Hearing Panel and there were now 17 conditions proposed. LOOH had concerns about refusals and there was also a new operating schedule, submitted for all concerned in a supplementary agenda. There were paragraphs highlighted in yellow that specifically address points from the city council’s own Statement of Licensing Policy. With regard to Special Policy Areas, the unit must be within the boundary of such an area for it to be considered as potentially in breach of the policy, therefore the application could not be restricted for this reason. Where objections were concerned, there was nothing set out concerning Public Health and the protection of children from harm. Alcohol would be stored, driven and delivered within private spaces and would not lead to any unsealed alcohol in the public realm. For this reason, Public Space Protection Orders (PSPOs) were not relevant. Representations against the application mentioned public nuisance and there had been an added condition to address this with the quiet delivery of goods. Paragraphs from the Statutory Guidance concerning noise, light, smells, infestations and litter were noted and it was then stated that there would be no public nuisance as a result of this unit’s operations. There would be no third party deliveries and Condition 9 referred to the training. It was noted that a legal case had been relied upon whereby a premises was located within a Special Policy Area in Camden, London and was still granted. There was no mention of children being at risk of harm and there was some research from New Zealand where it was  ...  view the full minutes text for item 45.

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

The Hearing Panel were informed that the applicants had put in a late request for an Albanian interpreter on the Friday before the hearing and that this request could not be complied with due to a lack of an available interpreter. The applicants had been told not to attend due to this.

The Hearing Panel agreed to defer the hearing until Monday 22 July for an Albanian interpreter to attend and assist the applicants.

Decision

To agree to defer the hearing until Monday 22 July for an Albanian interpreter to attend and assist the applicants.

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

The Hearing Panel considered a report from the Director of Planning, Building Control and Licensing concerning an application for a New Premises Licence. The Hearing Panel considered the written papers of the parties submitted and the oral representations of the parties who attended, as well as the relevant legislation.

The applicants attended to represent themselves and there were no objectors present.

The applicants addressed the Hearing Panel and stated that the premises was a plant and flower shop selling coffee and had wine available for off-site consumption. They confirmed that they were seeking on-site sales and an extension of trading hours.

In response to questions from the Hearing Panel, the applicants stated that:

• They were seeking both on and off sales
• The waste from plant cuttings were placed at the top of the road with waste bags from a nearby bakery and there had been a misunderstanding about which waste was attracting vermin
• The applicants now put the waste outside their office in another area of Ancoats
• There was no food kept on site overnight
• The premises had temporary licences to run spoken word events but had not contributed to any music noise breakout
• There had been no drinking or smoking allowed outside for these events
• All glass was re-used as either candle holders or recycled
• Glass waste was also moved to the office site in a covered area
• The previous temporary licence had elapsed
• The inside area had 4 tables only so was of a modest size

In summing up, the applicant stated that they had been in Ancoats since 2019 and were trying to claw back business from the pandemic period which was very challenging. They were adding to the independent businesses in the area and worked with charities. The applicants concluded by stating that they would always work with residents and any others in the area and added that they were part of the community.

Decision

To grant the licence with all proposed conditions.

1. Public announcements requesting customers to leave quietly to minimise disturbance to nearby residents.
2. From no later than 1 hour before the premises closes to the public, a member of staff shall be dedicated to monitor the dispersal of customers and ensure patrons do not contribute to anti-social behaviour in the vicinity. They will be easily identifiable by way of their uniform or high visibility jacket/vest; will have a detailed knowledge of all transport options in the area and provide directions for patrons who may be loitering in the vicinity of the premises.
3. All external windows and doors must be kept shut at all times when regulated entertainment is being provided. Doors may be opened for normal entrance and egress of people but must be shut immediately thereafter.
4. No person under the age of 18 years of age is permitted to enter or remain on the premises after 6pm without a parent or guardian.
5. The Challenge 21 or 25 scheme must be operated to ensure that any person who appears to be under the  ...  view the full minutes text for item 47.