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

Consideration was given to an application for a new Premises Licence in respect of Cafe/Bar (Name to be confirmed), 67 Church Road, Manchester, M22 4WD.

The Hearing Panel listened very carefully to the Applicant and their representative at the hearing about the proposed business they intended to operate from the premises. The Hearing Panel took into consideration the residents objections and the conditions which had been agreed with The Out of Hours Team.

The Hearing Panel was satisfied at the hearing that the steps proposed by the Applicant will up hold the licensing objectives, in particular by the imposition of agreed conditions with the Out of Hours Team. The Hearing Panel concluded that the Applicant was a responsible operator who had clearly thought about the application submitted and wanted to work with the local residents/community in the area.

The Hearing Panel noted that some of the issues raised by local residents were not applicable to the Licensing Act 2003. However, the Panel did consider the relevant representations and were satisfied that the conditions imposed coupled with the dispersal and smoking policy addressed their concerns and will up hold the licensing objectives.

The Hearing Panel noted that the Applicant has clearly complied with the Manchester City Councils statement of policy in particular section 6 and 7 of the policy.

In reaching its decision the Hearing Panel also 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 and the licensing objectives.

Decision

To grant the (new) Premises Licence, subject to the conditions agreed with the Out of Hours Team detailed below:

Conditions -

1.    The furniture layout of the premises shall not deviate from the plan attached to the licence unless an application is first lodged for approval of the change.

2.    All sales of alcohol for consumption off the premises shall be in sealed containers only. Open containers of alcohol shall not be removed from the premises. Customers leaving the premises to smoke will be required to leave their drinks inside.

3.    Speakers shall not be located/operated in the entrance lobby or outside the premises.

4.    There shall be no external furniture at the premises.

5.    A direct telephone number for the manager of the premises shall be publicly available at all times the premises are open. This telephone number is to be made available to residents in the vicinity.

6.    Windows and doors are to remain closed from 22:00 hours each day, save for access and egress.

7.    Delivery drivers shall conduct the delivery in a manner that will not cause a noise disturbance to the occupiers of any residential properties surrounding the delivery address.

8.    No deliveries must be made to the premises between 21:00 and 07:00 hours.

9.    There shall be no noise or odours caused by the kitchen extraction equipment that gives rise to a nuisance.

10.The designated premises supervisor shall ensure that tables are cleared of all bottles and glasses on a regular basis during trading hours to avoid an accumulation of glassware.