Agenda item

Agenda item

Application for a New Premises Licence - TBC, 101 Manchester Road, Chorlton, Manchester, M21 9GA

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

Minutes:

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

 

In line with the established procedure for such hearings, the Panel heard from the Applicant first.  The Panel noted that the Applicant had lived all his life in Chorlton and is part of the local community. He has experience in the food and beverage industry since 2019. He told the Panel he had no financial interest in the branch of Miami Krispy which is operating in Burnage.  He explained when submitting his application for a licence he had been advised to apply for longer hours than he intended to operate but said that he had not intended to operate for those extended hours and had subsequently amended his application to Sunday-Thursday : 23:00-00:00 and Friday/Saturday 23:00-00:30. He also explained that in the first instance he was willing to reach an agreement with local residents that he operates until midnight at weekends on Friday and Saturday nights only and would seek to  increase his hours with the approval of local residents once he had demonstrated that the additional hours could be operated without problem. The Applicant told the Panel that all the premises product wrapping was branded and that staff would be instructed to operate two litter picks daily, one at the end of trading and another one part way through the trading hours. The litter pick would extend beyond the immediate curtilage of the premises to cover the whole block. He added that he did not expect the Chorlton branch to be as busy as the Burnage branch because customers would be spread between the two venues.  Additionally, further branches were due to open imminently (including one in Rochdale which would prevent customers travelling significant distance) and would prevent the level of queues experienced in Burnage.  In response to a question put by an objector, the Applicant further explained that they would also be implementing a click and collect service which would reduce the time customers spend on site.  The Applicant also confirmed in response to questions that although he did not anticipate the need for SIA security, he would risk assess this and employ SIA staff if required. He also confirmed that they anticipated serving approximately 300 customers per day with peaks of service at lunchtime, between 5-7 pm and also later.  He confirmed there would be no deliveries from these premises.

 

The Panel also heard from a number of objectors who had attended the hearing and they told the Panel they had particular concerns due to the reputation of the brand and its popularity which had resulted in long queues and problems in the area. Although they accepted that the Applicant was not responsible for the management of the Burnage branch, they told the Panel that, as the product had the same branding, customers would be unaware of the different management and attend at the premises in large numbers therefore creating nuisance due to noise, traffic, parking problems and litter in the area.  The Residents told the Panel that the area is a highly residential area and is generally quiet in the later hours. A late night take away would disturb local residents particularly from noise such as car stereos, car doors, rowdy customers attending on foot and customers loitering in the area.

 

In reaching its decision the Hearing Panel gave careful consideration to 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 Panel resolved that given the nature of the area, the venue and the popularity of the brand the licensing objective of prevention of public nuisance would be undermined if a licence was granted as applied for. However, the Panel was satisfied that it would be appropriate to grant a licence on Friday/Saturday from 23:00-00:00 as this is a less noise sensitive time period.  The Panel resolved that the Applicant was a responsible operator and would put appropriate measures in place to mitigate any public nuisance caused by noise or litter during the additional hours.

 

Decision

 

To grant the application for late Night Refreshments as set out below

 

Friday/Saturday: 23:00-00:00.

 

with conditions as set out in the Operating Schedule.

Supporting documents: