The Committee took note that the application for live music on Friday and Saturdays from 1900 -2300 was not required given the size of the premises which has a capacity under 500 which therefore means that live music is permitted between the hours applied for under the legislation.

The Committee when considering the application for a variation in hours considered the application, the representations of all parties both oral and written as well as the relevant legislation, the guidance issued under s 182 of the Licensing Act 2003 and the Manchester City Council Statement of Licensing Policy.

The Committee heard from the applicant that he had recently taken over this restaurant and bar however he already ran another bar in the locality and that he was aware that in addition to his other bar there were several other bars in the area which had later hours than those he was applying for and he considered the hours applied for to be both reasonable and considerate towards residents.  The Committee was told that the premises served food until 9 pm and thereafter. When asked about the number of representations from residents and whether any consultation had taken place the applicant confirmed his customers were predominantly local residents and he had consulted with his customers.  The applicant explained that although staff had been spoken to by Licensing and Out of Hours during the Westfest event about noise coming from the bi fold doors which had been opened, this had been a one off event during their first week of trading and had been addressed straightaway by staff. 

The Responsible Authorities and residents all expressed concerns about the lack of consideration given to the management of the premises if the variation was granted as no additional measures were proposed.  The Committee heard that these premises which are at the end of a block adjoining Orchard Street which is a residential area are in a particularly noise sensitive location with residential premises being very close.  The Committee heard that residents living on Orchard Street were particularly at risk of noise nuisance from the premises.  Particular concerns were raised about the lack of a smoking policy, lack of a proposed last entry policy, no provision for door staff and lack of a dispersal policy.

The Committee considered that the applicant had not properly taken into account  the additional risks associated with patrons drinking for an additional hour and had not put forward any safeguards or management controls to ensure that residents would not suffer noise nuisance from patrons in the later noise sensitive hours.  In particular the Committee was concerned about noise from patrons smoking outside the premises and noise from dispersal of patrons.  Given the lack of detail regarding management controls the Committee considered that granting the variation would undermine the licensing objective of prevention of public nuisance.  The Committee considered that had proper consultation taken place with Responsible Authorities and with residents appropriate management controls could have been could have been considered and put forward by the applicant.  In the circumstances the Committee considered it appropriate to refuse the application.

Decision

To refuse to grant the application on the grounds of the prevention of public nuisance.