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

The Sub-Committee considered a report of the Director of Planning, Building Control and Licensing regarding the above application for a New Premises Licence.

In reaching its decision the 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.

The Panel heard from the Applicant’s representative about nature of the proposed Japanese restaurant and cocktail bar that will operate from the premises as well as the experience of the Operator. The Panel was also informed that agreement had been reached with Licensing and Out of Hours in respect of further conditions to the licence in addition to those proposed in the Operating Schedule.

The Panel heard representations from the Applicant about the location of the outstanding resident objector being some distance from the premises with a number of licenced bars with late hours between the premises and the location of the objector. The Applicant also stressed that this was not a residential area and whilst there were some residential properties in the area, it was a city centre location with a number of late night bars in the vicinity. The resident who had made the representation did not attend the hearing.

The Panel accepted the comments of the Applicant regarding the distance between the premises and the resident objector.  The Panel also accepted the Applicant’s comments concerning the nature of the area, and how the premises intended to operate, such that nuisance would not be caused to residents in the vicinity. The Panel resolved that the Applicant was an experienced and responsible operator and, with the proposed  conditions and additional conditions agreed with Licensing and Out of Hours team, agreed that the granting of the licence would not undermine the Licensing Objectives.

Decisions

To grant the application for a new premises licence with the following further conditions:

1.         Any queue to enter the premises that forms outside the premises shall be kept orderly and supervised by staff or licensed door supervisors (when employed) to ensure that there is no public nuisance or obstruction to the public highway.

2.         The designated queuing area shall be enclosed within appropriate barriers to ensure that the footway is kept clear.

3.         An incident log (which may be electronically recorded) shall be kept at the premises for at least six months, and made available on request to GMP or an authorised officer of the licensing authority, which will record the following incidents including pertinent details:

- all crimes reported to the venue, or by the venue to the police

- all ejections of patrons

- any incidents of disorder

- any faults in the CCTV system

- times on duty, names and the licence numbers of all licensed door supervisors employed by the premises.

4          When the premises trades beyond midnight on a Thursday, Friday, Saturday and Bank Holiday Sunday, The NiteNet radio link shall be operated from 21:00 hours until the premises have closed. The radio shall be kept in good working order, operated by a responsible member of staff and used to report incidents of crime and disorder to the CCTV control room and other radio users.

5.         All staff shall be trained in:

- recognising signs of drunkenness

- how to refuse service

- company policies and reporting procedures

- the conditions in force under this licence

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.

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

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

8.         No entertainment, performance, service, or exhibition involving nudity or sexual stimulation that would come within the definition of a sex establishment in Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 shall be provided.