Agenda item

APPLICATION FOR THE GRANT OF A NEW PREMISES LICENCE - BUREAU BAR, 124-125 CHESTER ROAD, STRETFORD

To consider a report of the Head of Regulatory Services.

Minutes:

The Head of Regulatory Services submitted a report informing Members of an application for the grant of a premises licence for Bureau Bar, 124-125 Chester Road, Stretford, M32 9BH which had attracted representations from Trading Standards, Greater Manchester Police, Pollution Control, a Ward Councillor and local residents against the grant of a licence.

 

Representations were made in support of the application by Mr. A. Haworth, Haworth & Lees Solicitors Limited and Mr. O. Seale, the Premises Supervisor.

 

RESOLVED –

 

(1)          That the application by Mr. Haworth of Haworth & Lees Solicitors Ltd on behalf of The Bureau Bar Limited for a grant of a premises licence for Bureau Bar be granted subject to compliance with the conditions outlined in the decision notice.

 

(2)          That the issue of the Licence be delegated to the Head of Regulatory Services.

 

 

LICENSING SUB-COMMITTEE DECISION NOTICE

 

 

Sub Committee       Councillor A Duffield (Chairperson)       

Members:                 Councillor D Jarman

                                    Councillor D Bunting

 

 

Applicant:                 The Bureau Bar Limited

                                   

Type of Licence:    Grant of a Premises Licence: Bureau Bar, 124 – 125 Chester Road, Stretford M32 9BH

 

Representors:         Local Residents – not in attendance

                                    Mrs S Beckett – on behalf of residents at Butler Court, Lacy St.

                                   

                                    Ward Councillor – not in attendance

                                    Councillor S. Adshead

 

                                    Environmental Health – not in attendance

                                    Rachael Hall  Environmental Health Officer

 

                                    Trading Standards – not in attendance

                                    Clare Whittle – Trading Standards Officer

 

                                    Greater Manchester Police – not in attendance

                                    PC K Packer – Trafford District Licensing Officer

 

 

 

Parties Present:     On behalf of Applicant – in attendance

                                    Mr A Haworth – Haworth & Lees Solicitors Ltd

                                    Mr O Seale – Premises Supervisor

 

Officers

                                    Caroline Myers – Trainee Solicitor

                                    Keiran Hinchliffe – Senior Licensing Officer

                                    Ruth Worsley – Democratic and Scrutiny Officer

 

 

Date of Hearing:    11 March 2020

Time Commence:   6.30 p.m.

Time Terminated:   7.22 p.m.

 

 

LICENSING SUB-COMMITTEE DECISION

 

The Sub-Committee decided that the representations received from Local Residents / Ward Councillor / Environmental Health / Trading Standards / Greater Manchester Police are relevant representations.

 

To grant a new premises licence as follows:

 

Recorded Music (Indoors)

Sunday to Thursday                        07:00 – 23:00

Friday & Saturday                            07:00 – 02:00

 

Live Music (Indoors)

Sunday to Thursday                                    07:00 – 23:00

Friday & Saturday                            07:00 – 02:00

 

Anything of a similar description to Live Music, Recorded Music or Performance of Dance (indoors)

Sunday to Thursday                                    07:00 – 23:00

Friday & Saturday                            07:00 – 02:00

 

Late Night Refreshments (Indoors)

Friday to Saturday                           23:00 – 02:00

 

Supply of Alcohol (Both On and Off sales)

Sunday to Thursday                                    07:00 – 23:00

Friday to Saturday                           07:00 – 02:00

 

Opening Hours

Sunday to Thursday                                    07:00 – 23:30

Friday to Saturday                           07:00 – 02:30

 

 

 

 

Additional Conditions

 

All bar and front of house staff to wear recognisable premises related clothing (uniform) when licensable activities are conducted.

 

Toilet checks, after 8 p.m., on Fridays and Saturdays, will be conducted no less than once per hour, at irregular intervals, to deter patrons from illegal activity.

 

A register of toilet checks will be kept at the premises throughout the trading period; this register is to be made available for inspection upon request of a Police or Responsible Authority Officer.

 

No open drinks or containers are permitted to be brought outside the premises. (For off sales, sealed container are still permitted – if you have off sales).

 

Noise from regulated entertainment must not be audible to such an extent that it constitutes a nuisance at any noise sensitive products.

 

All regulated entertainment shall be amplified through the in house PA system and noise levels controlled by the DPS or nominated member of staff. (The Music Limiting Device will be set to restrict noise levels to the levels prescribed within Table 16.0 of the Noise Impact Assessment Nova Acoustics Ltd, dated 29/07/2019, at the specific frequencies identified.)

 

All external doors and windows shall be kept closed when regulated entertainment is being provided except for access and egress or in the event of an emergency.

 

There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, notices requiring customers to leave the premises and the area quietly.

 

The Designated Premises Supervisor must ensure that no drinks are taken or consumed outside the premises nor glasses/bottles removed from the premises by patrons.

 

There will be a smoking area provided at the rear of the building.  A staffed safe area will be provided where drinks can be left.  No drinks are to be taken outside or consumed in the smoking area.

 

Notices will be displayed in a prominent position next to the entrance/exit detailing that no drinks to be taken outside, or into the area outside of the premises which is used for smoking.

 

Management and staff will ensure that noise from customers using the external area immediately beyond the premises boundary for the purposes of smoking, is kept to a minimum.

 

The premises shall operate in line with the approved Noise Management Plan, submitted on 2nd October 2019 by Bureau Bar Ltd in support of 97701/COU/19, to ensure that noise emanation from the premises is minimised.

 

There will be no externally mounted speakers.

 

Protection of Children from harm

 

An age verification scheme for use when alcohol sales are involved (Challenge 25) shall be in use at all times licensable activities are undertaken. The only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

 

The challenge 25 policy shall be implemented and notices to this effect shall be displayed.

 

To provide training for all new staff before the commencement of licensable activities at the premises and then to ensure that all existing staff are trained, at least every six months, in respect of licensing legislation, responsible retailing, drugs, drunkenness, refusal of service, on the law relating to underage sales of alcohol and age identification including the challenge 25 policy as befits their particular roles at the premises. To keep written records of all training provided whereby staff sign and date records to confirm that the training has been received and understood.

 

To inform all staff of changes in the law relating to age restricted products and as when required and to make a written record.

 

To notify staff of any reports of alleged underage sales incidents that has been brought to your attention by Trading Standards. To keep a log of such notifications in file, ready for inspection by authorised officers of Trafford Council if required. To record any remedial action following a report from Trading Standards of an alleged underage sale from the premises and to produce a copy of the ‘Record of Remedial Action’ if requested by an authorised officer of Trafford Council.

 

To attend training seminars organised by authorised officers of GMP and/or Trafford Council as and when requested to do so.

 

A refusal log shall be maintained onsite and be produced to the Police and other responsible authorities upon request.

 

Unaccompanied children will not be permitted onto the premises.

 

Prevention of Public Nuisance

 

Clear notices to be display asking customers to respect the neighbours/ advising customers on good conduct and behaviour expectations.

 

Taxi numbers shall be displayed at the entrance to the premises.

 

The premises smoking policy shall be displayed at the entrance to the premises. Receptacle will be provided for cigarettes.

 

All regulated entertainment shall be amplified through the in house PA system and noise levels controlled by the DPS or nominated member of staff.

 

Signage at the entrance / exit will be displayed requesting customers to leave quietly and to respect local residents.

 

Management and staff will ensure that noise from customers using the external area is kept to a minimum during the operational hours. This will include any person(s) that are smoking there.

 

Prevention of Crime and Disorder

 

Security

A Security Policy shall be agreed with Greater Manchester Police and Trafford Council Licensing Authority concerning the minimum requirement of SIA licensed door supervisors.  Any changes to the Security Policy must be agreed in writing by Greater Manchester Police.  Only the latest agreed version of the Security Policy shall be maintained by the Premises Licence Holder and put into place at the Premises.  The Security Policy should include a risk assessment and detail shift times, number of security personnel, search procedures and company information.

 

At least one of the licensed door supervisors on duty at any time shall wear body worn cameras which will be maintained in good working order.

 

SIA registered door staff to be linked via radio (link to also include management).

 

All staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility yellow jackets or vests.

 

The Premises Licence Holder shall ensure that a record of all SIA Door Supervisors employed at the premises is kept and which includes the following details:

a.      Full name and date of birth

b.      16 digit SIA badge number

c.       Dates and times employed

 

This record, which may be electronic, shall be made available to the Manchester Police Licensing Team or Authorised Officers on request.

 

Any person who attempts to gain entry to the Premises who is involved in disorderly conduct or anti-social behaviour will not be permitted into or allowed to remain on the Premises.

 

An incident book shall be maintained at the premises at all times. The book shall detail in brief the incident of any crime and disorder, ejections, violence, injury, drug or weapon seizures, and visits from any police or responsible authority officer. Each entry made shall carry the day, date and time that each report was made and pages shall carry consequential and signed by the author of the logged details, name and contact details (mobile phone) of SIA registered door staff or manager making entries to be included; and shall be produced to the Police and other responsible authority upon request.

 

On Fridays and Saturdays there shall be no admission or re-admission to the premises in the last two hours of trade from 00:30hrs – 02:30hrs.

 

Searches

The premises will operate a search policy, including the use of search wands when SIA licensed door supervisors are on duty.

 

A search policy shall be in place and will include procedures for the confiscation of prohibited articles such as drugs and weapons. Searches will be conducted at the discretion of SIA registered door staff. Search policy to include random searching, weapon detection, drug awareness etc.

 

Search and ID checks to be conducted within view of the CCTV camera which will be positioned at the entrance when door supervisors are on duty.

 

Suitable notices explaining protocols and procedures (to include the searches throughout etc.)

 

Posters no smaller than A4 size clearly and prominently displayed stating that bag searches are undertaken.

 

Search Wands shall be available for use and maintained in a working condition.

 

CCTV

The premises shall maintain a comprehensive CCTV system on the licensed premises.

 

Recorded footage must be provided to a representative of any responsible authority or an officer of the Licensing Authority on request. Such footage must be provided in an immediately viewable format and must include any software etc. which is required to view the software. A member of staff who is trained to operate the system and supply footage must be present at the premises at all times when licensable activities are taking place.

 

The designated premises supervisor must ensure that the CCTV system is checked at least once every month by a suitably trained member of staff. This check must include the operation of the cameras, the recording facilities, the facilities for providing the footage and the accuracy of the time and date. A written record of these checks must be kept, including a signature of the person carrying out the check. This written record must be kept on the premises at all times and made available to a representative of any responsible authority or an officer from the Licensing Authority on request.

 

CCTV cameras cover internal and external areas of the premises and all areas where customers have legitimate access (Excluding Toilets).

 

One CCTV camera is specifically positioned to capture facial images of any persons entering the premises at the main entrance and all other entrances where searches may be undertaken, the searches of patrons will be captured on the CCTV camera.

 

All areas are sufficiently illuminated for the purposes of the recording of CCTV images.

 

All CCTV recorded images have sufficient clarity/quality/definition to enable facial recognition to an evidential standard.

 

CCTV system is installed and operated at all times and recorded images kept in an unedited format for a period of 31 consecutive days.

 

Any person left in charge of the premises is trained in the use of any such CCTV equipment and is able to produce/download/burn CCTV images to an evidential standard.

 

CCTV is maintained on a regular basis and kept in good working order at all times and images shall be produced to the Police or Authorised Licensing Officers (Trafford Council Licensing Service) immediately upon request.

 

The CCTV system records images at all times that any member of the public is at or on the premises. For the purpose of this condition a “member of the public” is defined as is any person other than the DPS, Premises Licence Holder, Spouse, Partner or Employee thereof.

 

Posters, no smaller than A4 size, are clearly and prominently displayed at the entrance and exit of the Premises stating that CCTV is in operation and that images are being captured for the purposes of crime prevention and public safety.

 

Drugs

The premise shall operate a strict “No Drugs Policy” including a Drug Safe scheme. The Drug Safe procedure will involve a dedicated log of illegal substances placed in the safe by staff. It will record details of where the substance was discovered (or from whom it was recovered) date and time as well as details of the person seizing the substance(s). If the person making the entry in the log is different to the person seizing the substance(s) their details shall also be included in the log entry.

 

Posters no smaller than A4 size, clearly and prominently displayed stating Premises operate a zero tolerance policy to drugs.

 

Dispersal Policy

A dispersal policy shall be in place. Such policy to include evictions and confirmation of no re-entry following ejection, non-congregation outside front of premises which all door supervisors and staff will be trained so that they are aware and undertake the process whenever the premises are open to the public.

 

Public Safety

 

The Premises Licence Holder shall ensure that adequate supplies of First Aid materials are maintained and readily available on the premises.

 

Fire Safety Equipment shall be maintained and be readily available in locations marked on accompanying plan.

 

Doors at fire exits are regularly checked to ensure that they function satisfactorily and are clear of any obstruction.

 

 

LICENSING SUB-COMMITTEE’S REASONS FOR REACHING ITS DECISION

 

The Sub-Committee considered the Licensing Act 2003 and regulations, the Guidance and the Council’s Licensing Policy and the application.

 

The Sub-Committee carefully considered the concerns raised by local residents, a Ward Councillor, Environmental Health, Trading Standards, Greater Manchester Police and balanced those concerns with the interests of the applicant and the licensing objectives.

 

The Sub-Committee carefully considered the residents’ and Ward Councillor’s concerns regarding Public Nuisance caused by noise, and balanced those concerns with the interests of the applicant and the licensing objectives.

 

The Sub-Committee noted that a reduction in the hours of licensable activities Sunday – Thursday had been agreed before the hearing.  The Sub-Committee decided, taking into account the representations received, to approve Friday – Saturday licensable activities until 2.00 a.m. with a closing time of 2.30 a.m.

 

The Sub-Committee was concerned that the proposal for the smoking area to be located at the front of the premises could lead to customers congregating and a noise nuisance arising.

 

The Sub-Committee welcomed the applicant’s agreement to locating the smoking area to the rear of the premises and agreed to make this a condition of the licence to address the concerns of the residents in respect of noise nuisance.  This avoided any possible loss of amenity to neighbours in compliance with the licensing objective of prevention of Public Nuisance.  The applicant advised that a safe area could be provided so customers could leave drinks inside the premises whilst using the smoking area, and that this safe area would be supervised by the premise’s staff so that the drinks could not be tampered with.  The Sub-Committee agreed that this be a condition of the licence on the basis that it would promote the licensing objective of Public Safety.

 

Supporting documents: