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

The Hearing Panel considered a report from the Director of Planning, Building Control and Licensing concerning an application for a Temporary Event Notice (TEN) for an event proposed to take place at Common, 39-41 Edge Street, Manchester, M4 1HW. The Hearing Panel considered the written papers of the parties submitted and the oral representations of the parties who attended, as well as the relevant legislation.

The applicants representatives, Ms Jasmine Boardman (DPS and General Manager), Ms Antonio Lallemont (Premises user) and Mr Robbie Laybourn (Head of Operations) attended the hearing along with Gemma Smith and Stuart Alderson (Licensing and Out of Hours compliance Team) and PC Alan Isherwood (Greater Manchester Police)

The Chair conducted the hearing in accordance with the agreed procedure.

The Hearing Panel heard that objections had been received from Greater Manchester Police (GMP) and Manchester Council Licensing and Out of Hours Compliance Team (LOOH) to the granting of the TEN for outside music performed by DJs’ to take place on Saturday 29 June between 15:00hrs and 23:00hrs.

GMP attended the hearing and advised the Panel that there were concerns due to limited policing resources within the city centre area of Manchester, that the carrying on of an ‘open-air’ event in the location of the Northern Quarter district would attract un-ticketed revellers from adjacent premises and/or locations, thereby creating a potentially uncontrollable ‘street party’ event that would stretch beyond the breaking point of policing capacity of the city centre.  Furthermore, as the proposed event was to take place on a date that corresponded with the 2^nd round of the European Football Championship matches (which could mean that a match involving England would be screened in nearby licensed premises), GMP believed that there would be even greater potential for the event to expand uncontrollably and for serious antisocial behaviour and disorder to take place.

LOOH also reported on similar concerns that there was the potential for the event to spiral out of control and to subsequently over-stretch the limited policing resources operating within the city centre.  LOOH Compliance also highlighted the existence of a ‘Public Space Protection Order’ (PSPO) that strictly prohibited the on-street consumption of alcohol within the city centre area of Manchester.  LOOH Compliance further expressed concerns relating to the impact of previous unauthorised street parties on local residents and believed that similar adverse effects would occur should the applied for event be allowed to take place.

For the reasons set out above, GMP and LOOH requested that the Hearing Panel serve a counter notice to this event.

There were no question by the Panel to either GMP or LOOH in regards to the concerns that they had raised.

Ms Antonio Lallemont then addressed the Panel.  She stated that the premises was a food led business and not a bar and as such there was no capacity for standing.  She understood the concerns raised by GMP in relation to the concerns associated with the European Football Championship matches but stated that the area had not had regular high footfall for some time.  She stated all customers would be seated and the event was not being externally advertised.  It was also stated that the business had always been mindful of its neighbours and as such the level of music would be controlled by the DJ’s and played at a volume that would still allow patrons to hold conversations over their meals.  Ms Lallemont also advise that she would be willing to reduce operating hours to 15:00hrs to 21:30hrs if required.

Responding to questions from the Panel, Ms Lallemont confirmed that there would be two security staff employed from 15:00hrs until the premises closed and that the DJ’s would be positioned within the pavement licenced area.  It was also clarified staff would undertake regular outdoor soundchecks throughout the event and if there was evidence of overcrowding occurring, the DJ’s would be re-located to inside the premises and if necessary, windows/doors at the front of the premises closed. 

GMP summed up by stating that their concerns remained  relating to the prevention of crime and disorder and the prevention of public nuisance likely to be being undermined should the planned event take place.

LOOH summed up by stating that their concerns also remained that there was potential for the event to spiral out of control and to subsequently over-stretch the limited policing resources operating within the city centre area of Manchester.

Ms Lallemont confirmed she had nothing further add to her case apart from providing a reassurance that she was a responsible operator and would ensure music level would be monitored .

After hearing the representations from all parties concerned, the Hearing Panel retired to consider the statements and evidence submitted.

After considering the application the Chair of the Hearing Panel informed all parties present of the decision.

In considering all evidence and representations submitted, the Panel considered carefully the concerns raised by the Responsible Authorities and shared those concerns. However,  the Panel took into account that the venue was a food led premises and the applicant was an experienced and responsible operator who was intending to put in place mitigation measures if required.

Taking into account all the circumstances the Committee did not consider the Licensing Objectives would be undermined if these the event took place with these measures in place.

Decisions

The Panel approve the application for a Temporary Event Notice for an event Common, 39-41 Edge Street, Manchester, M4 1HW.