Manchester City Council

Agenda and draft minutes

Agenda and draft minutes

Licensing Sub Committee Hearing Panel
Monday, 2nd September, 2019 10.10 am

Venue: Council Antechamber. View directions

Contact: Andrew Woods 

Items
No. Item

148.

Urgent Business

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

Minutes:

The Chair agreed to the submission of an item of urgent business that related to an application for a New Premises Licence – Oktoberfest Marquee within Mayfield, Baring Street, Manchester, M1 2PY

 

149.

Summary Review of Premises Licence - Bliss Club, Albion Wharf, 19 Albion Street, Manchester, M1 5LN pdf icon PDF 341 KB

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

Additional documents:

Minutes:

Following an Interim Steps hearing which took place on 8 August 2019 at which a decision was made to suspend the licence with immediate effect, the Committee was asked to review the Premises Licence for Bliss club pursuant to Section 53 (c) of the Licensing Act 2003. 

 

In reaching its decision, the Committee 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 as well as the Licensing Objectives with specific reference for those that relate to crime and disorder and public safety.   In doing so, the Committee considered Section 53C of the Licensing Act 2003 which sets out the available steps the Committee may take, should they deem it appropriate for the promotion of the Licensing Objectives.

 

53C Review of premises licence following review notice

(1)       This section applies to a review of a premises licence which a relevant licensing authority has to conduct on an application under section 53A.

(2)       The relevant licensing authority must-

(a)       hold a hearing to consider the application for the review and any relevant representations; [ and]

(b)       take such steps mentioned in subsection (3) (if any) as it considers [appropriate] for the promotion of the licensing objectives [.] [...] [...]

 

(3)       Those steps are-

(a)       the modification of the conditions of the premises licence,

(b)       the exclusion of a licensable activity from the scope of the licence,

(c)       the removal of the designated premises supervisor from the licence,

(d)       the suspension of the licence for a period not exceeding three months, or

(e)       the revocation of the licence.

 

The Committee also took into consideration Section 12.2 of the Section 182 guidance which states:

 

“…. The powers are aimed at tackling serious crime and serious disorder, in particular (but not exclusively) the use of guns and knives. The powers complement the general procedures in the 2003 Act for tackling crime and disorder associated with licensed premises and should be reserved for the most serious matters which cannot be adequately or otherwise redressed unless urgent action is taken.”

 

The Committee carefully considered all of the written evidence that had been submitted to the hearing and all oral and written representations from all parties in respect of a number of issues concerned with the running of the premises and incidents that had arisen over the past couple of years. 

 

The Committee viewed CCTV footage of an incident that had occurred in the early hours of 3August 2019 which involved three victims being stabbed following fights that had taken place inside and outside of the premises.  It was clear from the footage that the incident had commenced inside the club and that persons had acted in an aggressive manner with one person arming himself with a belt and another wielding a crutch and using it to attack others.  Whilst it was noted that the Premises had taken appropriate action by turning off  ...  view the full minutes text for item 149.

150.

New Premises Licence - Determination - Steakout 212, 36B - 36C Derby Street, Manchester M8 8RY pdf icon PDF 41 KB

Document enclosed.

Minutes:

The Committee considered all the representations as part of the hearing. In reaching its decision 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 the Responsible Authorities who had made representations.  The matter was therefore treated as a determination.

 

Decision

 

Licensing and Out of Hours Compliance:

 

To grant the application subject to the following conditions agreed with the Responsible Authorities (as set out below):

 

1)    All public areas of the licensed premises, including all public entry and exit points, and the street environment will be covered, enabling facial Identification of every person entering in any light condition. The CCTV Cameras shall continually record while 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 reasonable 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.

 

2)    At the end of trading each day, the pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept or washed, and litter and sweepings collected and stored in accordance with the approved waste storage arrangements.

 

3)    All takeaway packaging and wrappers shall clearly identify the premises, ie. by way of company logo or name.

 

4)    The premises and immediate surrounding area shall be kept clean and free from litter at all times the premises are open to the public. Litter bins shall be provided at the premises in sufficient capacity to ensure that customers can adequately dispose of any litter.

 

5)    Deliveries to the premises shall be conducted in a manner that will not cCause a nuisance to the occupiers of any residential properties surrounding the delivery address and deliveries shall be made at a time which will not lead to any public nuisance.

 

6)    All employees will be vigilant and monitor the area immediately outside the shop to ensure that members of the public do not cause annoyance by congregating.

 

7)    Licence holder shall ensure all licensing objectives are known to employees and followed.

 

8)    The Premises Licence holder will operate a zero tolerance approach towards drunken and anti-social behaviour.

 

9)    The Premises Licence holder will ensure that prominent, clear and legible notices are displayed at all exits to the premises requesting the public to respect the needs of local residents and to leave the premises and  ...  view the full minutes text for item 150.

151.

New Premises Licence – Determination: Oktoberfest Marquee within Mayfield, Baring Street, Manchester, M1 2PY

Minutes:

The Committee considered all the representations as part of the hearing. In reaching its decision 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 the Responsible Authorities who had made representations.  The matter was therefore treated as a determination.

 

Decision

 

To grant the application subject to the following conditions agreed with the Responsible Authorities (as set out below):

 

Licensing and Out of Hours Compliance:

  • Staff shall be provided with comprehensive training in preventing drunkenness; drug policy; managing and resolving conflict; emergency procedures; complying with the licence conditions; and obligations and offences under the Licensing Act that apply to the sale of alcohol.
  • Staff training will include the Challenge 25 policy and its operation. In particular staff will be trained to take such action as is necessary to prevent the sale of alcohol to persons over the age of 18 where those customers are engaged in the distribution of alcohol to persons under the age of 18.
  • The training will be given to a new member of staff before they commence paid employment.
  • Documented records of training completed shall be kept for each member of staff. Training records shall be made available for inspection upon request by a police officer or an authorised officer of Manchester City Council.
  • The Designated Premises Supervisor shall ensure that a written notice of authority is kept at the premises for all staff who sell alcohol. The notice shall be made available for inspection upon request of the police or an authorised officer of the licensing authority and all staff selling alcohol must be in possession of formal identification to enable to verify their identity against the notice.
  • A personal licence holder will be present at each point alcohol is available for purchase at all times the premises is open to the public.
  • 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  ...  view the full minutes text for item 151.