Agenda and minutes
Licensing Sub Committee Hearing Panel - Tuesday, 28th May, 2024 9.00 am
Venue: Council Antechamber, Level 2, Town Hall Extension. View directions
Contact: Callum Jones
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Urgent Business - Temporary Event Notice - The Lounge, 31 Withy Grove, Manchester, M4 2BS The report of the Director of Planning, Building Control and Licensing is enclosed. Additional documents:
Minutes: The Hearing Panel were informed that the application had been withdrawn by the applicant prior to the hearing and therefore no decision was necessary. |
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Review of a Premises Licence - Napoleons, 35 Bloom Street, Manchester, M1 3LY The report of the Head of Planning, Building Control and Licensing is enclosed. Additional documents:
Minutes: The Hearing Panel considered a report of the Head of Planning, Building Control and Licensing. The Hearing Panel also considered the written papers of the parties submitted and the oral representations of the parties who attended as well as the relevant legislation.
Greater Manchester Police addressed the Hearing Panel, noting that they had applied for a standard review under Section 51 of the Licensing Act 2003 on the grounds of the premises not promoting the prevention of crime and disorder licensing objective. Immigration Enforcement officers had attended the premises to conduct a compliance check on 29 February 2024, alongside the Licensing Out of Hours team. Immigration officers arrested five members of staff for immigration offences, including working in breach, illegal entrant, and breach of bail.
The next day, GMP and LOOH visited the premises again to check that they were complying with the conditions attached to their licence, as they had been made aware that the CCTV system had not been in operation on the day arrests were made. GMP found that only one member of staff could speak English and asked them who was in charge at the premises. They stated that they were not in charge but could not identify anyone else who was. The member of staff informed GMP that the DPS was not present, and no personal licence holder was on site.
GMP asked to be shown the CCTV and were taken to where it was kept, with the staff member informing GMP that they did not know how to work the system, nor did any of the other staff on site. GMP inspected the CCTV system and it appeared to be switched off and the monitor was blank. A member of the security team attempted to get the system operating but was unsuccessful. GMP then noted that the written notice of authorisation was dated 2021 and several of the staff working there at the time of the visit were not included on the notice.
GMP also noted that customers were leaving the karaoke booths and walking down to the basement to purchase drinks even though the conditions of the licence state that there should be waiter or waitress service only to karaoke customers, so that was a breach of conditions.
The DPS had been spoken to on the phone, confirming that she had been made aware of the faulty CCTV the day before, but they had not had time to fix that before opening again. The DPS was also made aware of the issues with the out-of-date authorisation and lack of waiter/waitress service to karaoke booths. GMP served a Closure Notice under s.19 of the Criminal Justice and Police Act 2001 due to unlicensed use of the premises, namely the lack of CCTV. A copy was left at the premises and GMP explained how to rectify the breaches. GMP also left their contact details, advising that when the breaches had been rectified, they would reattend the premises to cancel the closure notice.
On 5 March ... view the full minutes text for item 32. |
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The report of the Director of Planning, Building Control and Licensing is enclosed. Additional documents:
Minutes: The Hearing Panel considered a report of the Director of Planning, Building Control and Licensing. The Hearing Panel also 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 addressed the Hearing Panel, stating that they had opened their business in 2018, and were continuing to broaden their offer. The applicant had engaged with the local community and had never received any complaints relating to the Licensing Objectives. They accepted complaints had been received from Temporary Event Notices held at the premises, but they had worked with LOOH to create conditions on the licence relating to noise emanation that were before the Committee.
From questions, the applicant noted that complaints had related to the rear external area that had been used for a smoking area. They had amended their application so that this area would close by 9.30pm.
Two ward Councillors attended the hearing. They were happy with the application as amended, stating the applicant had gone further in amending than expected.
The applicant had nothing to add when invited to sum up.
In reaching its decision, the Panel has also 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 as well as the licensing objectives.
Decision
To grant the application subject to the conditions agreed with Licensing Out of Hours and Trading Standards. |
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The report of the Director of Planning, Building Control and Licensing is enclosed. Additional documents:
Minutes: The Hearing Panel considered a report of the Director of Planning, Building Control and Licensing. The Hearing Panel also 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 addressed the Hearing Panel, stating that their application was for a small convenience store for Chinese products. They noted that there was a Chinese community in this area but had no convenience store to serve their needs. They would serve a small percentage of their goods as alcohol. The premises would close at 9pm. The premises has CCTV installed. Any alcohol sold would be to take away, with none for consumption on-site.
In reaching its decision, the Panel has also 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 as well as the licensing objectives.
Decision
To grant the application subject to the conditions agreed with Licensing Out of Hours. |
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The report of the Director of Planning, Bulding Control and Licensing is enclosed. Additional documents:
Minutes: The Hearing Panel were informed that all representations had been agreed and withdrawn and therefore no decision was necessary. |