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.

The applicant’s agent addressed the Hearing Panel, noting the application had been amended as per an email provided to the panel, GMP and LOOH. The agent addressed concerns regarding the applicant’s knowledge of the Licensing Act and Licensing Objectives, noting that they did understand them. GMP had referenced the applicant not knowing proxy sales, however the agent stated that they did but did not know the term. The agent accepted the applicant had no particular experience of running a Licensed Premises and that was why they had suggested a reduction in hours from 1.00am to 23.00. The agent informed the panel of the other modifications to the proposed Operating Schedule.

The applicant noted that they had worked in the area for a number of years and had seen the potential for a premises of this kind.

The panel questioned if the applicant was aware of the Licensing Objectives. The applicant was and listed the four Licensing Objectives.

GMP questioned what the applicant would do if someone looked young tried to buy alcohol and if the applicant was aware of the PSPO. The applicant stated they would operate Challenge 25 and ask for photo ID. They would refuse sale if the customer was under 18 and keep a record in the refusal book. The applicant was aware that customers could not drink alcohol on the street under the PSPO.

The panel questioned if the amended hours altered the applicant’s staffing plans. The applicant’s agent noted that the condition requiring a second member of staff from 10.00pm had been removed due to the reduction in hours from 01.00am to 11.00pm.

GMP addressed the Hearing Panel, noting the application had changed since their representation was made. They felt it was clear the applicant’s knowledge was there and did understand what was necessary. With the modified application, GMP were happy for the Licence to be granted.

LOOH addressed the Hearing Panel, agreeing with GMP’s statement. LOOH added that they wanted to see a condition relating to the PSPO.

GMP and LOOH had nothing to add when invited to sum up.

The applicant’s agent summed up by stating they were happy to agree to an additional condition relating to the PSPO.

In reaching its decision the Committee also 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 and the Licensing Objectives. The panel considered that the application had been amended, particularly in relation to hours. The panel were satisfied that both GMP and LOOH were now in agreement to grant the application as amended. The panel agreed that the amended application would ensure that the Licensing objectives would be upheld.

Decision

To grant the Licence, subject to the amendments put forward by the applicant and agreed with LOOH and GMP, as per the below:

Hours

Sale of Alcohol

Monday to Sunday 09:00 to 23:00

AND

2. Removal of the following proposed conditions from the operating schedule:

Staffs are trained as appropriate in respect of relevant licensing law.

All staff other than personal license holders must receive training regarding the: - · Four licensing principles contained in the Licensing Act 2003 · Responsible retailing of alcohol, and the law · The

conditions attached to the premises licence Training must include evidence that the trainee has gained knowledge and understanding of the training, which may consist of a test or quiz, completed by the trainee. Documented records of training completed shall be kept for each member of staff. Training shall be regularly refreshed and at no greater than 6 monthly intervals. Training records shall be made available for inspection upon request by a police officer or an authorised officer of Manchester City Council.

All staff will receive training on proxy sale of alcohol and other age restricted products. Training will be documented and made available to responsible authorities upon request.

3. Removed conditions in 2. to be substituted in the operating schedule by the following proposed condition:

i) Training in relation to the Licensing Objectives and the conditions on the premises licence, Challenge 25, under age sales, sales to adults on behalf of minor (proxy sales), sales to intoxicated persons, refusals registers and incident records must be provided and undertaken by all members of staff (whether paid or unpaid) before he / she makes a sale or supply of alcohol and at least every six months thereafter.

ii) Documented training records must be completed in respect of every member of staff and must include the name of the member of staff trained, date, time and content of the training. The record must be signed by the member of staff who has received the training, the Designated Premises Supervisor, the Premises Licence Holder or external training providers.

iii) Documented training records must be kept at the premises and made available to Greater Manchester Police or an Officer of a Responsible Authority on request, or during an inspection.

4. Removal of the following from the operating schedule:

A minimum of 2 persons must be employed and on duty at the premises between 22:00 and 01:00 who are specifically tasked to maintain the safety of customers who may be vulnerable, ill or in distress as a result of alcohol and/or drug-related intoxication. Such persons must be trained on drunkenness, vulnerability, and drugs awareness in the night-time economy; and responding to these matters.

5. Adding of the following to the operating schedule:

An incident book must be kept at the Premises and maintained up to date (no later than 24 hours after the incident) at all times and will record the following:

i. Time date and details of all incidents/complaints of crime and disorder or anti-social behaviour

ii. All crimes reported to the venue

iii. Any faults in the CCTV system, searching equipment or scanning equipment

iv. Any visit by a responsible authority or emergency service

The incident book must be kept at the premises and made available to Greater Manchester Police or an Officer of a Responsible Authority on request, or during an inspection.

The Premises shall display prominent signage indicating that the premises is located within a Public Spaces Protection Order (PSPO) Area and reinforce the No Street drinking warning at the point of sale.