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

The Hearing Panel considered a report from the Directorof Planning, Building Control and Licensing concerning the above application. The written papers and oral representations of the parties who attended were also considered, as well as the relevant legislation.

In line with the established procedure for such hearings, the Applicants addressed the Panel and explained that they intended to open an Italian deli/restaurant on the junction of Barlow Moor Road and Maple Avenue.

The Applicants had two further premises is Didsbury Village and Wilmslow both of which had operated without any issues and had attracted a loyal customer base. The Applicants were therefore keen to enhance the local area with this Application and minimise any existing issues.

The initial Application had been for a licence to sell alcohol from 0800 to 2400 daily with the same opening hours. However, following detailed discussions with residents just prior to the hearing, the application was verbally amended at the meeting for the sale of alcohol from 10:00 to 22:00 Monday to Sunday to take on board local residents concerns. Opening hours were also verbally amended in the hearing from 9.30 to 23:00 to enable some preparation time prior to opening.

A number of local resident representations had been received in response to the application. Those in attendance confirmed they had entered into discussions with the Applicant and explained that their understanding from those discussions was the amended Application was for the sale of alcohol license and opening hours of 10:00 to 22:00; they had not however agreed to the premises staying open until 23:00 hours.

The residents in attendance also requested the following be considered for inclusion as licence conditions: -

1. The premises had a garden area in the premises, and they requested a condition that the premises would not serve customers after 7pm in this area, on any day.
2. Management of traffic and bicycles; there were parking issues in the area and it was difficult for people who lived there and also dangerous for children. The people who lived and parked there were not very good at manoeuvring. The residents attending went onto state they had been assured that people working in shop would not be parking there and the premises was not intending to draw from a wider market.
3. Management of waste and rodent control.
4. Regular contact between the premises and residents.
5. Should a Temporary licence be applied for in the future eg for a birthday party – that the applicant should consult with residents before going ahead with that Application.

In reaching its decision the Panel 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 and the licensing objectives.

The Panel gave close consideration to the representations of the residents and the existing problems in the area.

The Panel took into consideration that the Applicant operated two other premises in similar areas and there was no evidence before them that there had been any issues with either of them. The Panel also noted that there were no objections from any of the relevant authorities.

The Panel took the view that the discussions that had taken place with the residents in attendance, during the waiting period for the hearing and the subsequent amendment to their Application by way of reduced hours, was evidence of the Applicants willingness to engage with the residents. The Panel also agreed that the residents appeared satisfied that the premises intended to operate as a delicatessen and restaurant

This taken together with the Applicant’s experience and lack of any evidence of complaints or issues was, the Panel believed, a positive indication as to how they operated and demonstrated their consideration for the residents.

In relation to issues concerning parking, the Panel had been made aware of a pre-existing problem in the area and did not feel the Applicant had any control over the parking in the area or how other people parked their vehicles.

The issues in relation to waste/rodents and food hygiene already had statutory provisions which had to be complied with.

In considering the considered the request to limit the use of the external enclosure area to 7pm, the Panel but did not believe this was appropriate; they did however seek to address the issue of potential noise by limiting the alcohol consumption to patrons being seated at tables and amending/reducing the licencing hours for the sale of alcohol and opening hours.

Decisions

1.    To grant the licence as follows with an additional condition:-

Sale of alcohol (on and off premises): 10:00 – 22:00 hours Mon – Sun

Opening Hours: 09:30 – 23:00 Hours, Mon - Sun

2.    Additional condition: - Alcohol consumed in the outside enclosure shall only be consumed by patrons seated at tables.