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

The Committee considered all representations at the hearing. The Committee also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under, the Guidance issued by the Secretary of State under Section 182 of that Act and the Licensing Objectives.

The Committee noted that agreement had been reached between the applicant and all parties who made a representation, so treated the matter as a determination. 

Decision

To grant the application subject to the following conditions.

Conditions

1. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

2. Outside the hours authorised for the sale of alcohol, all alcohol within the trading area is to be secured behind locked grills, locked screens or locked cabinet doors to prevent access to the alcohol by customers or staff.

3. The premises Licence Holder/DPS shall carry out reviews of security incidents at the premises.  Such reviews shall be documented and conducted at least quarterly with staff from the Arndale centre, and include details of any remedial action identified and implemented.  Copies of the security review shall be made available upon inspection by GMP or an authorised Officer of the licensing authority.

4. The premises licence holder/DPS shall ensure that the provision of Door Supervisor/Arndale Security at the premises is appropriate to ensure the safe control of the premises, and shall review this on a regular basis.

5. The premises shall ensure that the kiosk  and surrounding area will be covered by CCTV, enabling facial identification of every person entering the licensable area. The CCTV cameras shall constantly record while the premises are open to the public and recordings shall be kept available and unedited for a minimum period of 31 days with the date and time stamping.  A staff member who is conversant with the operation of the CCTV system shall be present on the premises at all times when they are open to the public and must be able to produce/download/burn CCTV images upon request by a Police Officer or an authorised Officer of the licensing authority.  Any footage must be in a format that can be played back on a standard personal computer or standard DVD player.  Where the recording is on a removable medium, a secure storage system to store those recording mediums shall be provided.

6. The premises shall display prominent signage indicating that the Challenge 25 scheme is in operation.

7. The premises shall display prominent signage indicating [at any point of sale]  that it is an offence to buy, or attempt to buy, alcohol for a person under the age of 18.

8. The Challenge 25 scheme must be operated to ensure that any person who appears to be under the age of 25 shall provide documented proof that he/she is over 18 years of age. Proof of age shall only comprise a passport, photo card driving licence, an HM Forces warrant card, or a card bearing the PASS hologram.

9. A log shall be kept at the  ...  view the full minutes text for item 141.

The Committee considered all representations at the hearing. The Committee also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under, the Guidance issued by the Secretary of State under Section 182 of that Act and the Licensing Objectives.

The Committee noted that agreement had been reached between the applicant and all parties who made a representation, so treated the matter as a determination. 

Decision

To grant the application subject to the following conditions.

Conditions

1.    A risk assessment shall be undertaken to assess the need for an SIA licensed door Supervisor. A log of this risk assessment shall be kept for 6 months and be made available to the Police and or an authorised officer of the licensing authority.

2.    An incident log shall be kept at the premises for at least 6 months, and made available on request to GMP or an authorised officer of the licensing authority.

3.    A prompt shall be on the till asking if the person appears to be under the age of 21, and if ID has been seen.

4.    All staff shall be trained in recognising signs of drunkenness, how to refuse service, prevention of underage sales, are aware of and prevent proxy sales, maintain the refusals log, enter sales correctly on the tills so the prompts show as appropriate. The DPS monitor staff to ensure their training is put into practice. A record of training shall be kept for each member of staff, and updated every 6 months.

5.    A refusals log shall be kept by the premises for at least 6 months, and made available on request to GMP or an authorised officer of the licensing authority.

6.    The premises shall install and maintain a comprehensive digital colour CCTV system. All public areas of the licensed premises, including all public entry and exit points. The CCTV cameras shall continually record whilst the premises are open to the public and recording shall be kept available and unedited for a minimum of 14 days in relation to the interior of the premises (18 days at till points) with the date and time stamping. A staff member who is conversant with the operation of the CCTV system shall be present on the premises at all times when they are open to the public and must be able to produce / download / burn CCTV images upon request by a police officer or an authorised officer of the licensing authority. Any footage must be in a format so it can be played back on a standard personal computer or standard DVD player. Where the recording is on a removable medium (i.e. compact disc, flash card etc.), a secure storage system to store those recording mediums shall be provided.

7.    The Challenge 21 scheme must be operated to ensure that any person who appears to be under the age of 21 shall provide documented proof that he/she is over 18 years of age. proof of age shall only comprise  ...  view the full minutes text for item 142.

The Committee considered all representations at the hearing. The Committee also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under, the Guidance issued by the Secretary of State under Section 182 of that Act and the Licensing Objectives.

Legal Issues.

1.    An additional statement was presented from Adele Officer dated the 20^th of September 2018 in respect of a visit to the premises on the 6.6.18 during which it was noted alcohol was displayed but no licence was in force.

2.    GMP also made reference to an email received from a colleague, (Rachel) of the Applicant providing further information regarding the Operating Schedule and as to how the licensing objectives would be upheld.

These documents were admitted by way of Regulation 18 of The Licensing Act 2003 (hearing) regulations 2005 with the consent of the Applicant and all parties.

This was a new Application for a premises licence. The Applicant explained she had held a Personal Licence since 2017 issued by Nottingham Council. Red Restaurant had opened on the 10.5.18 but she had not yet started as the Manager there.

She addressed the additional statement presented regarding the presence of alcohol on the shelves of the premises on the 6.6.18 when there was not a premises licence in place and explained she had been brought in and advised them to remove the items and stop selling them immediately.

Objections raised to the grant of the licence by all of the Responsible Authorities attending had been on the basis the Applicant had not demonstrated a sufficient understanding of the requirements of operating a licensed premises due to the lack of information presented in the Operating Schedule.

In respect of this, the Applicant presented documentation to support staff training and the recording of the same and was able to demonstrate her understanding of the licensing objectives when questioned by the attending Responsible Authorities. She also reassured the Committee the licence sought was for customers dining at the restaurant only which was aimed at the family market.

As a result of this, GMP and Trading Standards confirmed they had no further objections to the granting of the licence.

The Out of Hours team still objected on the grounds the ‘prevention of public nuisance’ in respect of the use of refuse bins, noise from customers/dispersal etc.

The Committee noted there had been no representations by local residents in respect of any concern of nuisance and also noted there were other similar businesses in the vicinity. They were satisfied the Applicant would be able to address any issue in this regard by way of conditions attached to licence and also noted the hours applied for were not extensive i.e. midday to 2200.

The Committee was satisfied the Applicant was fully aware of the licensing objectives and had been able to answer questions as to how these would be incorporated into the operating schedule.

They noted this was a new premises with new staff and again were of  ...  view the full minutes text for item 143.

The Committee considered all representations at the hearing. The Committee also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under, the Guidance issued by the Secretary of State under Section 182 of that Act and the Licensing Objectives.

The Applicant was in attendance and represented by Ms Rebecca Ingram of Kuits Solicitors.

Ms Ingram presented the Applicant had been in the licensing trade for thirty years trading in both on and off premises sales and had traded from this site since 1998.

There was no history of police or Licensing Compliance call-outs, no noise complaints and in fact had an exemplary record.

The premises was a dedicated wine and craft beer shop trading in fine wines and located on a busy road in the Chorlton area. The Applicant did not want any negative impact on the local community and he was in fact, a member of that community.

There were numerous premises located nearby including a McDonalds, a garage, a Shisha bar and furthermore, there were a number of shops/commercial premises across the road.

The Applicant was not seeking to vary the layout or the nature of the premises but wished to offer a few seats internally to seat around a central ‘shelf’ in the store, and a few externally when the weather permitted. These would be for sampling high quality products and asserted the small number of seats would not impact in any way in respect of any drunk and/or disorderly behaviour. The Applicant it was said, promoted responsible drinking.

In relation to the representations made by the local residents from Norbreck Avenue, Ms Ingram addressed them as follows: -

1. Littering – The Applicant was upset in relation to this as he not only ensures the front of his premises was kept clear and clean but also regularly cleared litter from other premises to ensure his shop frontage is maintained. In addition, it was difficult to see how ‘on sales’ would contribute to this; had the Application been vice-versa, the concern in this regard would be more understandable;
2. Noise – There had never been any complaints in relation to noise and notwithstanding the representation from the two residents, there had not been any complaints during or subsequent to Temporary Event Notice/event;
3. Public Safety – It was accepted this road was a busy road, but this was not a new application so there was no change in the existing circumstances;
4. Children/underage sales – Again, this was not a new application; there had been no issue to date and there were therefore clearly adequate provisions within the operating schedule;
5. Dispersal – the vast majority of customers did not disperse via Norbreck Avenue; there was an alleyway that ran down the side of the premises which then went onto Norbreck Avenue. In the event that any customers did disperse via that route, the Applicant was of the belief that his clientele would not behave in an anti-social or disorderly manner.

It was accepted the area  ...  view the full minutes text for item 144.

The Committee considered all representations at the hearing. The Committee also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under, the Guidance issued by the Secretary of State under Section 182 of that Act and the Licensing Objectives.

The Committee noted that agreement had been reached between the applicant and all parties who made a representation, so treated the matter as a determination. 

Decision

To grant the application subject to the following conditions.

Conditions

The last hours of sale for food and alcohol will be 0130 to allow for a drinking up time.

1. Any persons who appears to be intoxicated or who is behaving in a disorderly manner shall not be allowed entry into the premises.
2. A documented incident log and refusals book shall be kept at the premises for at least 6 months, and made available on request to GMP or an authorised officer of the licensing authority.

3. All staff shall be trained on ‘Challenge 25’, conflict management, and the laws relating to underage sales, training will be documented and repeated at 6 monthly intervals.

4. Staff shall monitor customers smoking outside the premises on a regular basis and ensure patrons do not cause a public nuisance. A dispersal and smoking policy will be implemented and adhered to.

5. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises that gives rise to a nuisance.

6. Patrons permitted to leave and re-enter the premises shall not be permitted to take drinks with them.

7. Regular safety checks shall be carried out by staff.

8. The exterior of the building shall be cleared of litter at regular intervals.

9. Notices will be positioned at the exits to the buildings requesting customers to leave in a quiet manner.

10. The emptying of bins into skips, and refuse collections will not take place between 2300 and 0700.

11. The premises shall install and maintain a comprehensive digital colour CCTV system. All public areas of the licensed premises, including all public entry and exit points. The CCTV cameras shall continually record whilst the premises are open to the public and recording shall be kept available and unedited for a minimum of 28 days with the date and time stamping. A staff member who is conversant with the operation of the CCTV system shall be present on the premises at all times when they are open to the public and must be able to produce / download / burn CCTV images upon request by a police officer or an authorised officer of the licensing authority. Any footage must be in a format so it can be played back on a standard personal computer or standard DVD player. Where the recording is on a removable medium (i.e. compact disc, flash card etc.), a secure storage system to store those recording mediums shall be provided.

12. An incident log (which may be electronically recorded) shall be kept at the premises for at least six months, and made available on request to  ...  view the full minutes text for item 145.

The Committee considered all representations at the hearing. The Committee also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under, the Guidance issued by the Secretary of State under Section 182 of that Act and the Licensing Objectives.

The Committee noted that agreement had been reached between the applicant and all parties who made a representation, so treated the matter as a determination.

Decision

To grant the application subject to the following conditions.

Conditions

1. All off sales will be for home deliveries only, there will be no off sales available to customers who are at the premises. All off sales for delivery must be accompanied with an order for food.

2. All delivery drivers will receive full training on Challenge 25, refusal of sales and acceptable forms of identification of proof of age. All refusals will be recorded in the refusals book.

3. An incident log (which may be electronically recorded) shall be kept at the premises for at least six months, and made available on request to the police or an authorised officer of the licensing authority.

4. Staff will be trained in the laws relating to under age sales, ‘Challenge 25’, and recognising the signs of drunkenness that all training shall be documented and repeated at 6 monthly intervals.

5. The premises licence holder shall ensure that at all times when the public is present there is at least one competent person able to administer first aid.

6. A refusals log (which may be electronically recorded) shall be kept detailing all refused sales of alcohol, including date, time, reason for refusal.

7. The premises shall install and maintain a comprehensive CCTV system which will record for a minimum of 28 days. Any person left in charge of the premises shall be trained in the use of any such CCTV equipment and able to produce / download / burn CCTV images upon request by a person from a responsible authority. CCTV shall be maintained on a regular basis and kept in good working order. CCTV maintenance records shall be kept details of contractor used and, work carried out recorded.

8. The need for SIA security shall be assessed by the Licence Holder or Designated Premises Supervisor on a regular basis and door staff shall be employed when and where the risk assessment deems this appropriate. This shall be documented and to include

9. No noise or vibration shall emanate from the premises so as to give rise to public nuisance
10. Open containers of alcohol shall not be removed from the premises, except for consumption in any delineated external area as shown on the plan attached to the licence.

11. Notices will be displayed requesting customers to leave the premises in a quiet manner, along with Challenge 25.

12. A smoking and dispersal policy shall be implemented and adhered to.

13. Staff shall regularly check the external area is free from  ...  view the full minutes text for item 146.

The Committee considered all representations at the hearing. The Committee also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under, the Guidance issued by the Secretary of State under Section 182 of that Act and the Licensing Objectives.

The Committee noted that agreement had been reached between the applicant and all parties who made a representation, so treated the matter as a determination. 

Decision

To grant the application subject to the following conditions.

Conditions

1. On Friday, Saturday, any day preceding a Bank Holiday and throughout the entire Pride Festival SIA registered doorstaff shall be employed at the premises at a ratio of 1:100 from 2100 hours until 30 minutes after closing, to assist with the orderly dispersal of customers.

2. At all other times the requirement for door staff shall be risk assessed by the DPS. When employed doorstaff shall wear hi-visibility armbands.

3. Documented records of training completed shall be kept for each member of staff. Training shall be regularly refreshed and at no greater than 6 monthly intervals. Training records shall be made available for inspection upon request by a police officer or an authorised officer of Manchester City Council. All staff shall be trained in:

4. All staff shall be trained in recognising signs of drunkenness, how to refuse service and the premises duty of care. Documented records of training completed shall be kept for each member of staff. Training shall be regularly refreshed and at no greater than 6 monthly intervals. Training records shall be made available for inspection upon request by a police officer or an authorised officer of Manchester City Council.

5. The Challenge 21 scheme must be operated to ensure that any person who appears to be under the age of 21 shall provide documented proof that he/she is over 18 years of age. Proof of age shall only comprise a passport, photo card driving licence, an EU/EEA national ID card or similar document, an HM Forces warrant card, or a card bearing the PASS hologram.

6. An incident log (which may be electronically recorded) shall be kept at the premises for at least six months, and made available on request to the police or an authorised officer of the licensing authority, which will record the following incidents including pertinent details:
   1. all crimes reported to the venue, or by the venue to the police
   2. all ejections of patrons
   3. any complaints received
   4. any incidents of disorder
   5. seizures of drugs, offensive weapons, fraudulent ID or other items
   6. any faults in the CCTV system,
   7. any refusal of the sale of alcohol
   8. any faults in the CCTV system
   9. any visit by a relevant authority or emergency service  ...  view the full minutes text for item 147.

Representations were received in writing from Punch Taverns Limited requesting the hearing be deferred to enable them to undertake their own investigations with the DPS in respect of the representations and observations made by the LOOH Unit.

Representatives from GMP and LOOH did not attend.

The Committee considered the Application and agreed to adjourn the proceedings under the provisions of Regulation 12 of The Licensing Act 2003 (Hearings) regulations 2005. They were of the opinion in was in the interests of all parties and necessary  to enable the Applicant to address the representations submitted by the respective Responsible Authorities.

Decision

To defer the matter to 1 November 2018.