Manchester City Council

Agenda and draft minutes

Agenda and draft minutes

Licensing Sub Committee Hearing Panel
Monday, 22nd July, 2019 10.00 am

Venue: Council Antechamber. View directions

Contact: Andrew Woods 

Items
No. Item

1.

Urgent Business

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

2.

Appeals

To consider any appeals from the public against refusal to allow inspection of background documents and/or the inclusion of items in the confidential part of the agenda.

3.

Interests

To allow Members an opportunity to [a] declare any personal, prejudicial or disclosable pecuniary interests they might have in any items which appear on this agenda; and [b] record any items from which they are precluded from voting as a result of Council Tax/Council rent arrears; [c] the existence and nature of party whipping arrangements in respect of any item to be considered at this meeting. Members with a personal interest should declare that at the start of the item under consideration.  If Members also have a prejudicial or disclosable pecuniary interest they must withdraw from the meeting during the consideration of the item.

4.

Application for Premises Licence variation - 232069 - Shell Didsbury, 761-763 Wilmslow Road, Manchester, M20 8RH pdf icon PDF 337 KB

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

Additional documents:

Minutes:

The Committee considered this application for the variation of a premises licence which had attracted objections. The Applicant attended the Hearing and addressed the Committee, answering questions when required to do so.  Residents attended the hearing objecting to the application and addressed the Committee.  Representing their constituents, Councillors: Simcock, Kilpatrick, Wilson and Leech addressed the Committee objecting to this application. The Committee listened to representations from GMP and the Licensing Out of Hours Officer.

 

The Committee considered the representations from all parties as well as the relevant legislation, guidance and Manchester City Council's licensing policy. The Committee was satisfied that the grant of the variation to include late night refreshments and the amendments to the conditions as proposed by the applicant would not undermine the Licensing Objectives. The Committee considered that an extension of hours for the sale of alcohol as applied for in the variation application would undermine the prevention of public nuisance licensing objective. The Committee took into account the nature of the area and the proximity of numerous residential properties to the premises. The Committee noted that only one premises in the area holds a late night licence, that being Tesco which currently closes at midnight and which is not in the immediate vicinity of these premises or in the immediate vicinity of the district centre. Therefore, the Committee considered that these premises would be likely to become a destination for those seeking alcohol in the later hours including patrons from other premises who will have been drinking.  The Committee was not satisfied that the premises had put sufficient measures in place to ensure that customers in the late hours particularly those who have been drinking alcohol do not congregate on the forecourt and create a noise nuisance which would affect local residents particularly during the quieter more noise sensitive hours of the night. The Committee also heard that only one member of staff would be on duty during the additional hours sought and that no measures have been considered or will be put in place to control the queues at the night window to prevent any potential disorder or nuisance being caused by patrons. The Committee noted that the solicitor and area manager were prepared to give contact numbers to residents to call them if there were any problems however the Committee did not consider this to be a sufficient measure to address immediate concerns or to prevent a public nuisance. Therefore, the Committee considered that if the variation was granted the public nuisance caused by the sale of alcohol after all other licensed premises in the area have closed would have a negative effect on residents in the locality.

 

Decision

 

To grant the variation to include Late Night refreshments between 23:00-05:00 daily, to remove the conditions listed under Annex 2 and 3 and to impose on annex 2 the conditions set out in section M of the application and to refuse the variation in respect of the extension of the hours for the  ...  view the full minutes text for item 4.

5.

Application for New Premises Licence - venue name to be confirmed, 111A Deansgate, Manchester, M3 2BQ pdf icon PDF 336 KB

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

Additional documents:

Minutes:

The Committee considered the application for the grant of a premises licence which had attracted objections. The applicant attended the hearing and addressed the Committee, and answered questions. The Committee listened to representations from GMP and the Licensing Out of Hours Officer. The Committee noted that Councillor Joan Davies withdrew her objections to this application.

 

The Committee heard that the application had largely been agreed between the parties and the ward Councillors had withdrawn their representation. The only remaining matter of dispute between the parties was the wording of condition 32 which relates to the use of Clubscan. The Committee considered that there may be some inconsistency with condition 27 which concerns Challenge 25 and may make this condition more difficult to apply in limited circumstances however the Committee accepted that the premises had operated for 5 years at a different venue with these conditions and that there was no evidence that the licensing objectives had been undermined and therefore the application was granted on these terms.  

 

Decision

 

To grant the application subject to the conditions agreed between the applicant and the Responsible Authorities and with condition 32 to remain as drafted on the application.

6.

Temporary Event Notice - Bar Pop 10 Canal Street Manchester, M1 3EZ pdf icon PDF 241 KB

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

Additional documents:

Minutes:

The Committee considered this application for the submission of a temporary event notice where an objection notice has been given. The Applicant attended the Hearing and addressed the Committee and answered questions. The Committee listened to representations from GMP and the Licensing Out of Hours Officer.

 

The Committee considered the content of the Notice including the modified hours and was satisfied that given the arrangements the TEN should not undermine the Licensing Objectives. 

 

Decision

 

To approve the TEN as modified and not to issue a counter notice.

7.

New Premises Licence - determination - Moose Coffee - 8a Gateway House, Piccadilly Station Approach, Manchester, M1 2GH pdf icon PDF 34 KB

Minutes:

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

 

The Committee considered the agreements reached and was satisfied that a licence granted on these terms should not undermine the licensing objectives.

 

Decision

 

To grant the application, subject to the agreement between the applicant and GMP.

8.

New Premises Licence - determination - The Yard, 11 Bent Street, Manchester, M8 8NF pdf icon PDF 131 KB

Minutes:

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

 

The Committee considered the agreements reached and was satisfied that a licence granted on these terms should not undermine the licensing objectives.

 

Decision

 

To grant the application subject to the agreement made between the applicant and GMFRS.

9.

New Premises Licence - determination - Sushi Marvel, 90 Oldham Road, Manchester, M4 5EB pdf icon PDF 229 KB

Document is enclosed.

Minutes:

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

 

The Committee considered the agreements reached and was satisfied that a licence granted on these terms should not undermine the licensing objectives.

 

Decision

 

To grant the application subject to the agreement between the applicant and the Responsible Authorities.

10.

New Premises Licence - determination - Yerrrr Bar, 2nd Floor, Crusader Mill, 64 Chapeltown Street, Manchester, M1 2WQ  pdf icon PDF 38 KB

Minutes:

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

 

The Committee considered the agreements reached and was satisfied that a licence granted on these terms should not undermine the licensing objectives.

 

Decision

 

To grant the application subject to the agreement between the applicant and the Responsible Authorities.