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

The Committee considered this application for the variation of a premises licence which had attracted objections. The Applicant attended the Hearing and addressed the Committee, answering questions when required to do so.  Residents attended the hearing objecting to the application and addressed the Committee.  Representing their constituents, Councillors: Simcock, Kilpatrick, Wilson and Leech addressed the Committee objecting to this application. The Committee listened to representations from GMP and the Licensing Out of Hours Officer.

The Committee considered the representations from all parties as well as the relevant legislation, guidance and Manchester City Council's licensing policy. The Committee was satisfied that the grant of the variation to include late night refreshments and the amendments to the conditions as proposed by the applicant would not undermine the Licensing Objectives. The Committee considered that an extension of hours for the sale of alcohol as applied for in the variation application would undermine the prevention of public nuisance licensing objective. The Committee took into account the nature of the area and the proximity of numerous residential properties to the premises. The Committee noted that only one premises in the area holds a late night licence, that being Tesco which currently closes at midnight and which is not in the immediate vicinity of these premises or in the immediate vicinity of the district centre. Therefore, the Committee considered that these premises would be likely to become a destination for those seeking alcohol in the later hours including patrons from other premises who will have been drinking.  The Committee was not satisfied that the premises had put sufficient measures in place to ensure that customers in the late hours particularly those who have been drinking alcohol do not congregate on the forecourt and create a noise nuisance which would affect local residents particularly during the quieter more noise sensitive hours of the night. The Committee also heard that only one member of staff would be on duty during the additional hours sought and that no measures have been considered or will be put in place to control the queues at the night window to prevent any potential disorder or nuisance being caused by patrons. The Committee noted that the solicitor and area manager were prepared to give contact numbers to residents to call them if there were any problems however the Committee did not consider this to be a sufficient measure to address immediate concerns or to prevent a public nuisance. Therefore, the Committee considered that if the variation was granted the public nuisance caused by the sale of alcohol after all other licensed premises in the area have closed would have a negative effect on residents in the locality.

Decision

To grant the variation to include Late Night refreshments between 23:00-05:00 daily, to remove the conditions listed under Annex 2 and 3 and to impose on annex 2 the conditions set out in section M of the application and to refuse the variation in respect of the extension of the hours for the sale of alcohol.