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

Consideration was given to a report of the Director of Planning, Building Control and Licensing regarding an application for a New Premises Licence.

The Hearing Panel considered the written papers, oral representations of all parties as well as the relevant legislation.

GMP gave representations to the Hearing Panel on the basis that the TEN had been applied for to coincide with Manchester PRIDE Festival. Following the removal of the PRIDE event due to restrictions arising from the Coronavirus, GMP had objections to keeping the TEN in place.

GMP’s objections were on the basis that:

1.    Without the PRIDEevent there would be no additional security and no fencing around the festival area;

2.    There would be no relaxation of the Public Space Protection Order (PSPO) and therefore an outside bar would be in breach of that order;

3.    There were concerns around complying with social distancing;

4.    There was currently no licensing activity anywhere in the UK and no given date for the relaxation of this guidance.

5.     

The applicant then gave their oral representation, stating that Velvet had initially given Notice of the TEN for the purposes of the PRIDE festival. It was acknowledged by the applicant that, due to Coronavirus restrictions, the event had been cancelled.

The applicant still wished to proceed with the TEN on the basis they were entitled to apply for a regular TEN and that the application should be considered on its own merit. They confirmed when questioned that whatever the regulations were in August they would comply with and would address any issues in respect of social distancing.

In relation to a PSPO still being in force, the applicant confirmed that they would comply with any legislation or regulations in force at the material time. The applicant advised that, having gone through the objections, their normal terminal hour was 02:00 but they were willing to change this to a 01:00 closure so as not to cause any road nuisance. The applicant was made aware at this stage that the TEN could not be amended or modified and would be as submitted.

When questioned as to how they would manage 200 people the applicant responded, explaining that Velvet has had numerous outside events; they had a three year history of TENs including PRIDE and had never had any issues or complaints. The applicant also confirmed they had never had a TEN refused and confirmed that, should social distancing mean that they could not accommodate 200 people, they would not allow this capacity. The applicant also stated that they would have their own security operating on the site.

In respect of the tables and chairs the applicant stated that PRIDE festivals did not allow for their premises to have tables and chairs outside. With the cancellation of PRIDE they could now utilise them, depending on government guidelines.

The applicant further explained that, with regard to the PSPO, without the PRIDE festival operating the street would now be a ‘normal street’. The applicant confirmed they would comply with any current legislation and regulations. The applicant was aware that any failure to do so could result in prosecution and a risk of the loss of their licence.

In deliberating the Hearing Panel was satisfied that the TEN would promote the licensing objectives and was appropriate and proportionate in the circumstances as the venue had to comply with legislation and regulations and any PSPO in place. The Hearing Panel felt satisfied that the applicant was a reputable operator and had taken into account all of the potential restrictions that could be in place while the TEN was active. Any failure to comply with any legislation and regulations would be damaging to the applicant/business but the Hearing Panel felt certain that the applicant’s competent reputation meant that they would comply with any relevant procedures at that time.

Decision

To grant the TEN as applied for.