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 addressed the Hearing Panel and stated that this was an application for Late Night Refreshment hours of 23:00 to 01:00, there had been objections and he would like to work on a solution at the hearing today.

In answering questions from a member of the city council Neighbourhoods Team, and 2 residents, the applicant stated that:

• Other local takeaways operate until late
• First Time Pizza currently operated until 23:00
• The premises were aware of little issues in the area and would maintain cleanliness on Lane End Road
• Footfall in the area is not something the premises had any control over
• He agreed that he would be concerned about conditions if this was his neighbourhood
• He was aware of parking issues in the area due to demand for take away food
• He would display signage to deter parking issues and ask people to move on
• He would also display signage regarding litter
• There was very little he or the business could do about ASB
• A family member ran the local Miami take away
• He was responding to the demand for take away food
• He could only represent himself/his business and not speak for Miami take away
• He would speak to the council regarding waste and extra bins
• He did not need planning permission to be working on the premises

The Neighbourhoods Team representative addressed the Hearing Panel and stated that they knew the area well and there was a large amount of take-aways. These have had a negative impact on the area with litter and illegal parking. Lane End Road and Burnage Lane are residential areas. Businesses are encouraged to keep their shop fronts clean but this does not stop litter being thrown from parked cars on the street. The nearby Tesco contacted the Neighbourhoods Team about the litter problem in their car park and a request for more bins. The current street waste bins are constantly filled to capacity every day. They are also emptied every day. There has been efforts to address the problem by the city council but the waste contractor have struggled with the amount of waste. Parked cars often block the entrance to Southways Housing Trust car park. There are 5 street bins on this stretch of road and litter everywhere. The city council have a litter enforcement team but they cannot concentrate on one area only. This team have been commissioned to do overtime due to the issues in this area but have other Wards to cover. There are no designated parking bays for the take-aways and parking enforcers cannot be in one area only. Neighbourhoods made a visit to the area with GMP and Local Ward Councillors. It was noted that people pull up in cars and park in the middle of the road and display their hazard warning lights, go into a take-away, leaving cars backed up behind the parked vehicle. This creates a dangerous traffic jam. GMP have been asked to watch the area but, again, can’t be there all the time. One more take-away would add to these already prevailing community issues in this area of Burnage, increasing tension for residents. It is not possible to put extra resources into the area, the waste contractor is unable to take extra waste away and the issue is causing litter, parking and traffic issues and ASB.

Councillor Connolly asked what plan was in mind when visits were made with GMP and Ward Councillors. Neighbourhoods answered, stating that it was a multi-agency action plan. Businesses agreed to clean shop fronts, one agreeing to cleanse the full length of Lane End Road, agreements made on signage regarding litter and parking, litter pickers and brushes were given out to businesses. The Compliance Team served Section 47s. GMP were contacted to make extra patrols in the area. Litter enforcers and parking attendants were also requested to make extra patrols. Neighbourhoods and the Compliance Team made extra visits. Conversations were had with MPs. Guard railings have been considered with a site visit made by the Highways Team. This has all cost the city council money. Neighbourhoods then confirmed that all businesses on Lane End Road had complied with requests and that one more bins was to be added.

Councillor Judge asked about traffic accidents and Neighbourhood’s responded to say that were not aware of any but had received pictures and videos from residents.

Resident 1 addressed the Hearing Panel and stated that litter picked begun during lockdown and it was noted that 90% of the litter was from take-aways. People were coming down the road and dropping litter. There was a grit bin at an over 60s housing complex and this was overflowing with litter. This had made the grit bin inaccessible in icy weather which was a hazard. Most customers come from out of the area to visit the take-aways. There have been many arguments over the bad traffic and blocked roads as people park illegally to get their take-away meals. Customers are given tickets as they can have 30/40 minutes waiting times. There are rats and now seagulls which never used to be in the area. People don’t seem to care about littering as it isn’t where they tend to live. There has even been human waste in Tesco car park as restaurants display signs stating that only customers can use their toilets.

Resident 2 addressed the Hearing Panel and stated that there are issues with vermin and that this was a nice residential area. The location is now saturated with take-aways. If people don’t live in the area they don’t seem to care about it. People have reported having rats in their gardens and, having lived there for 36 years, this is a new thing. It was questioned how many take-aways an area needed and the resident added that there are no normal every-day shops. During litter picking there have been unmentionable findings.

The applicant questioned whether the oversaturation of take-aways n the area was a valid representation and the legal advisor to the Hearing Panel confirmed that it was not relevant, adding that the test for the Hearing Panel was whether the applicant could uphold the licensing objectives.

Resident 1 summed up their case by stating that it was daunting to have to come before the Sub-Committee and applicant and added that other residents wished to come but couldn’t attend at 10:00 on a Monday morning.

The legal advisor to the Hearing Panel confirmed that all written representations would be taken into consideration.

The Neighbourhoods Team representative summed up by stating that take-aways have a responsibility but are not helping with the issues of litter, parking, vermin. They have ben asking customers to be respectful but this isn’t working.

The applicant summed up their case by stating that he understood the issues raised and would show commitment to the causes if the application was granted. He proposed that the requested hours on the application of 23:00 to 01:00 would be for delivery only, no walk ins, which would help to alleviate the issues raised.

In their private deliberations, the Hearing Panel considered that the premises did not require a licence to trade up until 23:00 and could only base their decision on the hours applied for. They felt that the applicant’s offer of delivery only for the hours requested was a reasonable compromise and granted the licence as applied for with this as an additional condition.

Decision

To grant the licence as applied for with the additional condition proposed by the applicant that trading between 23:00 and 01:00 would be delivery only.