The Committee considered all representations at the hearing. The Committee also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under, the Guidance issued by the Secretary of State under Section 182 of that Act and the Licensing Objectives.

The Committee noted that agreement had been reached between the applicant and all parties who made a representation, so treated the matter as a determination.  The Committee also noted that as a result of the agreements between the applicant, LOOH and Trading Standards, GMP had withdrawn their representation.

Decision

To grant the application subject to the following conditions.

Conditions

1. An incident log shall be kept at the premises for at least six months, and made available on request to the Police or Manchester City Council;

2. All staff shall be trained in;
   1. Age restrictions in respect of products
   2. Responsible Alcohol Service, including recognising signs of drunkenness
   3. Licence conditions
   4. Relevant obligations and offences under the Licensing Act 2003, including those associated with the sale of alcohol
   5. Smoking policy
   6. Dispersal policy
   7. Incident reporting procedures

3. All firefighting equipment is inspected and serviced in line with the appropriate British Standard;

4. All fire exits shall be free from obstruction at all times the premises are open to the public;

5. The premises licence holder shall ensure that at all times when the public is present there is at least one competent person able to administer first aid, and there is an adequate supply of first aid equipment.

6. All windows and external doors shall be kept closed between 22:00 hours and 08:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons;

7. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises that give rise to a nuisance;

8. Speakers shall not be located/operated outside the premise;

9. Staff shall monitor customers smoking outside the premises on a regular basis and ensure they do not cause a public nuisance;

10. 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;

11. There shall be a documented smoking policy implemented prior to this licence being granted;

12. There shall be a documented dispersal policy implemented prior to this licence being granted;

13. Notices shall be displayed in any areas used for smoking and at all exits, requesting customers and/or staff respect the needs of the local residents and use the area quietly;

14. Throughout the trading day, the pavement from the building line to the kerb edge immediately outside the premises shall be swept and/or washed if necessary, with litter collected and disposed of accordingly;

15. At the end of each trading day, the pavement from the building line to the kerb edge immediately outside the premises shall be swept and/or washed if necessary, with litter collected and disposed of accordingly;

16. No deliveries and/or collections (including waste collections) shall take place on Sunday or Bank Holidays or between 20:00 hours and 07:30 hours Monday to Saturdays.

17. The Challenge 25 scheme must be operated to ensure that any person who appears to be under the age of 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 HM Forces warrant card, or a card bearing the PASS hologram.

18. The premises shall display prominent signage indicating at any point of sale and at the entrance to the premises, and all other areas where alcohol is offered for sale, that it is an offence to buy or attempt to buy alcohol for a person who is under 18 and for a person under the age of 18 to buy or attempt to buy alcohol.

19. In addition to any other training, the premises licence holder shall ensure all staff are trained to prevent underage sales, to be aware of and prevent proxy sales, to maintain the refusals log, enter sales correctly on the tills so the prompts show as appropriate and monitor staff to ensure their training is put into practice.

20. 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.

21. A log shall be kept at the premises and record all refused sales of alcohol for the reasons that the person(s) is, or appear to be, under 18 years of age. The log shall record the date and time of the refusal and the name of the member of staff who refused the sale. The log will be available on request by the police or an authorised officer of Manchester City Council. The log shall be checked on a regular basis by the Designated Premises Supervisor to ensure that it is being used by staff and each check shall be recorded in the log.