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 Premises Licence holder advised the Panel he had run the shop for 6½ years without any complaints or issues. He advised the Panel that he had a great relationship with his neighbours and customers. The reasons for the application for longer hours were attributed to financial pressures (which were outlined in the hearing) as well as a request from customers/the local community for longer opening hours. He indicated that he was willing to negotiate on the hours and days applied for and expressed a desire for parity with other premises within a 2-mile radius who operate during the hours applied for.

The Panel was informed that the Licensing Out Of Hours (LOOH) team had objected to the variation application due to concerns that should the hours be granted it would exacerbate existing problems in the area and the licensing objective of the prevention of public nuisance would be undermined. The Panel was informed told that LOOH took issue with the terminal hour applied for by the Applicant as a result of concerns that operating beyond midnight would lead to the occurrence of issues. Residences would be disturbed who will normally be sleeping and anti-social behaviour will increase. LOOH confirmed on questioning however that there had been no previous issues with this premises.

GMP also objected to the application for a variation, expressing concern that the premises would be open for 19 hours a day. They submitted that during the later hours applied for local residents become less tolerant. Whilst it is on a main road and there is noise from transient traffic in the early hours, the likelihood of increased noise by people slamming car doors would result in public nuisance. GMP accepted however that the premises was a well run establishment and that there were no concerns about the premises with the current hours. During questioning from a panel member, GMP confirmed that the majority of issues in the area were attributable to unlicensed premises.

In reaching its decision the Hearing Panel took into consideration the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under, the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives.

The Panel took into consideration the past record of the Operator. It was agreed by both Responsible Authorities’ that there had been no problems with this premises at all during the time that the Applicant had operated the premises. Furthermore, the Panel took into account the location of the premises and accepted that whilst there are residential properties within the vicinity, it is situated on a very busy dual carriage way. The Panel noted that the Applicant was prepared to negotiate the days and hours applied for. The Panel considered the additional conditions put forward by the Applicant and the condition put forward by Trading Standards and concluded the variation should be granted in part with the extension of hours granted on Friday and Saturday until 6.00am. The Panel subsequently concluded that the late hours were appropriate for the weekend nights rather than the weekdays.  

Decision

To grant the variation - only for the following days and hours:

Friday and Saturday 11am till 6am for alcohol sale off the premises and opening hours.

All other hours to remain the same.

The following conditions are to be add to the licence:

1.    The Challenge 25 scheme must be operated to ensure that any person who appears to be under the age of 25 shall provide documented proof that he/she is over 18 years of age. Proof of age shall only comprise a passport, photo card driving licence, an EU/EEA national ID card or similar document, an HM Forces warrant card, a card bearing the PASS hologram, or any electronic or biometric age verification technology approved by the licensing authority. (This will replace condition 1 on the current Licence at Annex 3).

2.    The premises shall display prominent signage indicating at any point of sale and at the entrance to the premises that the Challenge 25 scheme is in operation.

3.    The premises shall display prominent signage indicating at any point of sale and at the entrance to the premises that it is an offence to buy or attempt to buy alcohol for a person who is under 18 and for a person under the age of 18 to buy or attempt to buy alcohol. (This will replace condition 4 on the current licence at Annex 3).

4.    A refusals record must be kept at the premises which details all refusals to sell alcohol. This record must include the date and time of the incident, the name of the staff member who refused the sale, and the reason the sale was refused. All entries must be made within 24 hours of the refusal. The record must be made available for inspection and copying within 24 hours of a request by an officer of a Responsible Authority.

5.    All staff authorised to sell alcohol shall be trained in: o Relevant age restrictions in respect of products, Prevent underage sales, Prevent proxy sales, Maintain the refusals log ,Enter sales correctly on the tills so the prompts show as appropriate , Recognising signs of drunkenness and vulnerability ,How overservice of alcohol impacts on the four objectives of the Licensing Act 2003, How to refuse service ,The conditions in force under this licence. (This will replace condition 5 on the licence at annex 3).

6.    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.

7.    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.

8.    Security screens for staff shall be used along with a delayed entry button.

9.    Signs shall be placed requesting respect for nearby residences upon entry and exit.

10.A notice shall be placed stating anyone displaying anti-social behaviour will be banned from the shop and reported to the police.

Councillor Grimshaw replaced Councillor Riasat for this item.