Agenda item

Agenda item

Application for a new Premises Licence - Biggys, 479 Wilmslow Road, Manchester, M20 4AN

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

Minutes:

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

 

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

 

The applicant began by addressing the Hearing Panel and explained that they have amended their initial application due to the objections of residentsand resident groups in the area. Rather than applying for a late license until 4am at weekends and 2am on weekdays, they were now applying to operate using a delivery service only from 11pm – 2am, 7 days a week. The Applicantoffered to keep the shutters on the front of the shop down during these hours, to reduce the possibility of people thinking they were open for customers to go inside. The Applicantexplained this lower footfall would reduce the probability for nuisance to be caused. With the shutters being down, the premises would utilise a car park to the rearof the premises to collect deliveries from a side door. They explained that they had a number of years’ experience in the takeaway industry and informed the panel of the other takeaways they operate.

 

LOOH informed the panel that the premises had been caught operating outside of their licensed hours on two occasions. Following the second occasion when the premises had been given a verbal warning the premises had closed at 11pm. The applicant explained that on the first occasion, they were not operating but the staff were having a gathering for a birthday in the team. They accepted on the second occasion, they had been operating outside of licensed hours but offered the explanation that they had recently taken over the property and the previous owner had told them they had a license covering these later hours and took this in good faith.

 

GMP addressed the Hearing Panel and confirmed that they were also concerned that no conditions had been put forward to mitigate a breach of licensing objectives.

 

The Principal Licensing Officerreminded the panel that the area fell into the Withington framework and as such, the content of the policy should be considered in any decision made.

 

Residents groups were then given the chance to raise their objections. They explained that the area already suffers from noise disturbance late at night, adding a further delivery service to this would only exacerbate the problem. All objectors referenced the Withington Stress Policy, explaining that this was not an exceptional application and therefore should be rejected.

 

The Hearing Panelheard from one resident who supported the application. They explained that they are a delivery driver and thought the premises should be given a chance. This supporting resident felt that the majority of deliveries from the store go outside the Withington area and therefore would not be creating any issues there.

 

The Hearing Panel first acknowledged that the premises fell within the Withington stress area. They believed that the application was not exceptional under this policy. They recognised that the applicant had altered their application in the face of objections, however, the Hearing Panel had concerns about a lack of engagement with residents regarding the car park intended for use. They also had concerns about a lack of consultation with the fire department regarding operating with one entrance/exit way being closed with shutters. The Hearing Panel also noted that the application did not detail how these recent amendments would be conducted, therefore providing no details of operation. Taking all of the above into account, the Hearing Panel were not satisfied that the application would meet licensing objectives or provide any reason to deviate from the Withington Stress Policy.

 

Decision

 

To refuse the Premises Licence Variationon the grounds of prevention of public nuisance.

 

Supporting documents: