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

The Hearing Panel considered the report from the Directorof Planning, Building Control and Licensing regarding the above application.The written papers and oral representations of the parties who attended were also considered, as well as the relevant legislation. The matter was considered in line with the established procedure for the hearing.

The Applicant’s representative advised the Panel that Hydes Brewery (the premises licence holder) had applied to change the conditions on the licence following a meeting with a representative of the Licensing and Out of Hours team (LOOH). It was subsequently agreed by both parties that the existing conditions (85 conditions in total) were out of date and un-enforceable in the current format. The Panel was told this was a voluntary application to “tidy up the licence” and should not to be confused with a review of the existing licence. The Panel was advised that local residents had misunderstood the focus of the application. The Applicant’s representative reminded the Panel where there are other statutory provisions which regulate matters such as The Regulatory Reform (Fire Safety) Order 2005 (in relation to the capacity) the Panel shouldn’t condition such matters on the licence. It was explained to the Panel that the existing conditions on the licence were no longer appropriate and had been put on the licence when the 1964 Act was in force.

The Panel was told that the Licensing Out Of Hours (LOOH) team had agreed a new set of conditions to be placed on the licence and that this had been done mainly for the benefit of the licensing authority.

A local resident and member of the Fallowfield Community Guardians’ Group explained to the Panel that there are residents who live close to this licensed premises and that as recent as last week, there had been constant issues with noise nuisance in the Fallowfield area. Since Hydes Brewery had taken over the premises the Panel was told they had created a beer garden which contained large TV screens and outdoor heaters. The resident explained to the Panel there had been a DJ event at the premises during the day with amplified music which disturbed residences. She explained to the Panel that residents were significantly affected by the number of licensed premises in the area and that this noise affects their quality of life. Furthermore, members of the community had been disturbed by licensed premises activity whilst attending church services. The resident then asked the Panel not to remove condition 1 of Annex 3 regarding playing music at the premises.

Another local resident, in addition to her written representation, referred to extremely difficult circumstances as a local resident and asked the Panel not to deregulate matters and to agree suitable conditions.

In reaching its decision the Hearing Panel carefully 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 as well as the licensing objectives.

The Application before the Panel is for a variation of the licence conditions which had come about following a routine licensing inspection by the LOOH team. The matter would not have been before the Panel had the Applicant not made a voluntary application to vary the conditions. The Panel agree with the parties that the conditions in their current format are out of date and further some are unenforceable.

The Panel has considered very carefully the new set of conditions put forward and they concluded they are appropriate and proportionate to uphold the licensing objectives.

The Panel note the comments made by the resident about not de-regulating music in licensed premises, however the Panel must apply the Live Music Act 2012.

For the benefit of the residents the Panel has set out below a summary of the changes brought in by the Live Music Act 2012:

The Act disapplies any live music related conditions on a licence if the following criteria are satisfied:

• There is a premises licence or club premises certificate in place permitting ‘on sales’;
• The premises are open for the sale or supply of alcohol for consumption on the premises;
• Live or recorded music is taking place between 8am and 11pm;
• If the music is amplified live music or recorded music (e.g. DJs or a disco for example), the audience consists of no more than 500 people.

The Act also creates a general exemption that live unamplified music provided anywhere shall not be regarded as the provision of regulated entertainment under the Licensing Act 2003 if it takes place between 8am and 11pm, regardless of the number of people in the audience.

Live music also ceases to be classed as regulated entertainment under the Licensing Act 2003 if the above criteria are satisfied. The Act also disapplies any live music and recorded music related conditions which appear on your premises licence, providing the above criteria are satisfied.

Decision

To grant the variation and remove all the conditions in Annex 2 and Annex 3 (which includes removing the permitted occupancy 200 persons) and to replace with the following conditions:

1.    On first appointment, all staff employed at the premises will receive training on the Licensing Act 2003. Training shall be refreshed at no less than annual intervals. The training must be recorded and be accessible on the premises and made available for inspection upon request of a Police Officer or an authorised officer of the licensing authority or (in the case of online training) within 48 hours.

2.    A CCTV system will be in operation at the premises and recorded images shall be retained for a period of 31 days. CCTV images will be provided to the police and other responsible authorities as soon as practicable and in any case within 48 hours of a request for such images, subject of the provisions of the DPA.

3.    An incident register will be maintained at the premises and made available to any authorised officer on request.

4.    A risk assessment shall determine the requirement for door supervisors. If door supervisors are on duty, a log book shall be maintained detailing their name, badge number, and the time of the start and end of their shift. The record shall include details of their employer (if not the premises) and be signed by that individual.

5.    A register of refusals of alcohol will be maintained at the premises. The register will be made available for inspection by the Police and other responsible authority.

6.    The premises shall adopt a Challenge 25 policy. This means that if a customer attempting to purchase alcohol appears to be under the age of 25, they will be asked for proof that they are at least 18 years old. The only forms of ID that will be accepted will bear their photograph, date of birth and a holographic mark and/or an ultraviolet feature. Such examples of appropriate ID include a passport; photocard driving licence; military ID; Home Office approved proof of age ID bearing the PASS hologram.

7.    The Licence holder shall ensure that noise shall not emanate from the licensed premises such as to cause a nuisance.

8.    No glassware must be taken in or off the premises save for use of beer garden.

9.    All external windows and doors should be kept closed after 2300 hours, except for emergency (fire doors) and access / egress (non-fire doors).

10.  From 23:00, no external speakers shall be operated from the premises.

11.  The emptying of bins into external skips and refuse collections will not take place between 23:00 and 08:00.

12.  The exterior of the building shall be cleared of litter at regular intervals during trading hours.

13.  Notices shall be prominently displayed requesting that patrons respect the needs of local residents and when smoking and leaving the area.

14.  Staff shall monitor customers in the beer garden on a regular basis and ensure patrons do not cause a public nuisance.

15.  CCTV will cover the beer garden area, the data will record and be retained for a period of 31 days and be provided to the police and other responsible authorities as soon as practicable and in any case within 48 hours of a request for such images, subject to the provision of the DPA.