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.  The Hearing Panel also considered the written papers of the parties and the oral representations of the parties in attendance as well as the relevant legislation.

The applicant addressed the Hearing Panel, stating their proposal was for a café/bar within their salon. They noted that in the Fallowfield area, businesses struggle when students are at home. When students are at home, many bars close and the applicant was proposing a family run bar for the people who are resident to Fallowfield, open all year round. The bar is intended to be a local hub. The applicant had requested a Licence until 2am for one night a month for a Soul and Motown Night, for which conditions had been proposed. In total, the applicant had requested a late-night Licence for 21 days of the year. The applicant stated they knew the Licensing Objectives and for that reason, had soundproofed the ceiling as to not cause a noise nuisance to the HMO above the Premises. The applicant proposed the café/bar would serve food and drink, noting their awareness of the CIP but stating that they could not financially survive on the salon alone.

GMP questioned what was exceptional about this application that would allow the panel to go outside the CIP and how the applicant felt they would not add to the CIP by serving alcohol. The applicant noted this was to be a smaller, intimate café/bar. It would be family run and aim to serve the local residents, whereas other establishments are aimed at students. The applicant had done research with their clients and believed that people in the area wanted a premises similar to this. The applicant felt that the conditions added at the Planning Stage would assist in not adding to the CIP. The applicant noted they were not seeking a late-night bar.

LOOH questioned who the applicant expected to attend, and if the applicant or their salon had experience of running or working in a bar. The applicant believed their clients from the salon would attend the bar; it is what local residents want. The establishment is not just for alcohol but will also serve food. Students are welcome and the idea of a student night was referenced, but they were not the target audience. The applicant accepted they had no experience of running a bar but noted their length experience running a business. They stated that appropriate staff would be employed to run the bar.

The panel questioned the student night referenced on a Tuesday, how spiking would be prevented, and the outdoor area applied for. The applicant stated the venue was not a large one and that students may not go there due to this. The applicant felt that they did not want to discriminate against students in the area, hence the suggestion of a student night. The applicant stated that to prevent spiking they would operate table service as they did not want drinks left lying around and that CCTV would be in operation. The outdoor area applied for was at the front of the premises and planning permission had been received.

The panel’s legal representative questioned the capacity and what was nearby to the premises. The applicant stated there would be 60 to 70 seats inside with a possible 24 outside. The salon is the end of the building and has an alleyway that separates it from the building next door. The HMO upstairs is accessed from a different entrance.

GMP addressed the Hearing Panel, noting the application was within the CIP. They noted the clear effort and research put into the application but felt that it would add to the CIP due to being another bar in the area, attracting people out who do not already go out.

LOOH addressed the Hearing Panel, again noting the application fell within the CIP and that there was a burden on the applicant to show there would be no negative impact on the area. LOOH felt it was clear that the premises would bring more people to the area and there were already similar establishments nearby. They noted the applicant was not aiming the venue at students but had suggested a student night. They also noted there was a large complex of residential flats within 50m of the proposed site.

The applicant summed up by stating that the area had become disproportionate towards students and that a bar such as this was required for local residents.

In their deliberations, the Hearing Panel considered all oral and written statements provided, 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 and the licensing objectives. The Hearing Panel accepted that the applicant had ran a salon from the premises for over 25 years and was seeking to widen her offer to her clients. The Panel noted that the applicant sought to create a different experience to the many student bars in the area. They accepted that the applicant would hold a Soul/Motown Night once a month, whilst also creating an elite wine bar and afternoon tea venue. The Hearing Panel considered the Cumulative Impact Policy but determined that this application had sufficiently demonstrated that it would offer something different to the area. For this reason, the Hearing Panel felt this application was an exception to the Cumulative Impact Policy.

Decision

To grant the application with additional conditions and an amendment to the licensable area and Late-Night Refreshment hours applied for: -

Supply of alcohol: Mon – Sun: 09:30 – 00:00. On sale licence only and internal licensable activities permitted only for area applied for.

There shall be no external licensable activities. Licence granted for the internal area applied for only; no alcohol to be served or consumed in the external area to the premises i.e. the area owned by the premises and which formed part of the Application.

Late Night Refreshment:

Mon – Friday: 2300 – 0000

Saturday: 2300 - 0000