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 New Premises Licence. 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 attended to represent themselves and there were no objectors present.

The applicants addressed the Hearing Panel and stated that the premises was a plant and flower shop selling coffee and had wine available for off-site consumption. They confirmed that they were seeking on-site sales and an extension of trading hours.

In response to questions from the Hearing Panel, the applicants stated that:

• They were seeking both on and off sales
• The waste from plant cuttings were placed at the top of the road with waste bags from a nearby bakery and there had been a misunderstanding about which waste was attracting vermin
• The applicants now put the waste outside their office in another area of Ancoats
• There was no food kept on site overnight
• The premises had temporary licences to run spoken word events but had not contributed to any music noise breakout
• There had been no drinking or smoking allowed outside for these events
• All glass was re-used as either candle holders or recycled
• Glass waste was also moved to the office site in a covered area
• The previous temporary licence had elapsed
• The inside area had 4 tables only so was of a modest size

In summing up, the applicant stated that they had been in Ancoats since 2019 and were trying to claw back business from the pandemic period which was very challenging. They were adding to the independent businesses in the area and worked with charities. The applicants concluded by stating that they would always work with residents and any others in the area and added that they were part of the community.

Decision

To grant the licence with all proposed conditions.

1. Public announcements requesting customers to leave quietly to minimise disturbance to nearby residents.
2. From no later than 1 hour before the premises closes to the public, a member of staff shall be dedicated to monitor the dispersal of customers and ensure patrons do not contribute to anti-social behaviour in the vicinity. They will be easily identifiable by way of their uniform or high visibility jacket/vest; will have a detailed knowledge of all transport options in the area and provide directions for patrons who may be loitering in the vicinity of the premises.
3. All external windows and doors must be kept shut at all times when regulated entertainment is being provided. Doors may be opened for normal entrance and egress of people but must be shut immediately thereafter.
4. No person under the age of 18 years of age is permitted to enter or remain on the premises after 6pm without a parent or guardian.
5. The Challenge 21 or 25 scheme must be operated to ensure that any person who appears to be under the age of 21 or 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.
6. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises that gives rise to a nuisance.
7. There shall be no noise or odours caused by the kitchen extraction equipment that gives rise to a nuisance.
8. Noise from amplified music or voices shall not be such as to cause a noise nuisance to occupants of nearby premises.
9. Staff shall be provided with comprehensive training in preventing drunkenness; emergency procedures; complying with the licence conditions; and obligations and offences under the Licensing Act that apply to the sale of alcohol.
10. Staff training will also include the Challenge 25 policy and its operation. Staff will be trained to take such action as is necessary to prevent the sale of alcohol to persons over the age of 18 where those customers are engaged in the distribution of alcohol to persons under the age of 18.
11. All staff authorised to sell alcohol shall be trained in:

-        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.

12. 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. 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. All training will be given to a new member of staff before they commence paid employment.
13. An incident log (which may be electronically recorded) shall be kept at the premises for at least six months, and made available on request to the police or an authorised officer of the licensing authority, which will record the following incidents including pertinent details: (a) all crimes reported to the venue, or by the venue to the police (b) all ejections of patrons (c) any complaints received (d) any incidents of disorder - any (e) faults in the CCTV system, (f) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
14. Staff shall monitor customers smoking outside the premises on a regular basis and ensure patrons do not cause a public nuisance.
15. Patrons permitted to temporarily leave and then re-enter the premises, e.g. To smoke, shall not be permitted to take drinks or glass containers with them.
16. All sales of alcohol for consumption off the premises shall not be removed from premises unless in sealed containers only.
17. No bottles, glasses or similar items may be disposed of in outside receptacles between the hours of 2200 and 0700.
18. The premises and immediate surrounding area shall be always kept clean and free from litter the premises are open to the public Notices shall be prominently displayed at all exits requesting patrons to respect the needs of residents and leave the area quietly.
19. The premises shall install and maintain a digital colour CCTV system. All public areas of the licensed premises, including all public entry and exit points. CCTV shall continually record whilst the premises are open to the public and the recording shall be kept available and unedited for a minimum of 31 days with the date and time stamping. A staff member who is conversant with the operation of the CCTV system shall be present on the premises at all times when they are open to the public and must be able to produce / download / burn CCTV images upon request by a police officer or an authorised officer of the licensing authority. Any footage must be in a format so it can be played back on a standard personal computer or standard DVD player. Where the recording is on a removable medium (i.e. compact disc, flash card etc.), a secure storage system to store those recording mediums shall be provided.
    
    

*To be removed off the existing licence:  Conditions 1, 3, 4, 5 and 6 as they are replaced above.