Agenda item

APPLICATION FOR THE GRANT OF A NEW PREMISES LICENCE UNDER S17 LICENSING ACT 2003 AT SYMPOSIUM, 161 ASHLEY ROAD, HALE, WA15 9SD

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 Symposium, 161 Ashley Road, Hale, WA15 9SD which had attracted representations from a Ward Councillor and a local resident.

 

All parties present at the hearing were invited to address the Sub-Committee.

 

Representations were made in support of the application by the applicant Mr. G. Hadjiyanis.  Representations were made against the application by Councillor Mrs. P. Young.

 

RESOLVED –

 

(1)          That the application by Mr. G. Hadjiyanis for the grant of a premises licence for Symposium 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 Butt

 

Applicant:                 Mr. G. Hadjiyanis

                                   

Type of Licence:    Grant of a Premises Licence: Symposium, 161 Ashley Road, Hale, WA15 9SD

 

 

Representors:         Local Resident – not in attendance

                                    Ms S. Flint

 

                                    Ward Councillor – in attendance

                                    Councillor Mrs. P. Young

 

Parties Present:     On behalf of Applicant – in attendance

                                    Mr. G. Hadjiyanis – Applicant

 

Officers

Sajal Lenahan – Interim Principal Solicitor

                                    Kieran Hincliffe – Senior Licensing Officer

                                    Natalie Owen – Governance Officer

 

 

Date of Hearing:    16 June 2020

Time Commence:   4.00 p.m.

Time Terminated:   5.17 p.m.

 

LICENSING SUB-COMMITTEE DECISION

 

The Sub-Committee decided that the representations received from Local Residents are relevant representations.

 

To grant a new premises licence as follows:

 

Live Music (Indoors):

 

Ground Floor

Sunday – Wednesday 23:00 – 00:00

Thursday – Saturday 23:00 – 01:00

 

Basement

Sunday – Wednesday 23:00 – 00:00

Thursday – Saturday 23:00 – 02:45

 

Recorded Music (Indoors):

 

Ground Floor

Sunday – Wednesday 23:00 – 00:00

Thursday – Saturday 23:00 – 01:00

 

Basement

Sunday – Wednesday 23:00 – 00:00

Thursday – Saturday 23:00 – 02:45

 

Supply of Alcohol (Both On and Off sales):

 

Ground Floor

Sunday – Wednesday 11:00 – 00:00

Thursday – Saturday 11:00 – 01:00

 

Basement

Sunday – Wednesday 11:00 – 01:00

Thursday – Saturday 11:00 – 02:45

 

Opening Hours

 

Ground Floor

Sunday – Wednesday 11:00 – 00:00

Thursday – Saturday 11:00 – 01:00

 

Basement

Sunday – Wednesday 11:00 – 01:00

Thursday – Saturday 11:00 – 03:00

 

 

 

Conditions

 

Any mandatory conditions which must be included under the Licensing Act 2003.

 

Additional Conditions

 

GENERAL

 

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

 

Toilet checks, after 8pm, on each day, and will be conducted no less than once every 30 minutes, 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);

 

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.  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 from 01:30hrs - Members are permitted to enter until 02:00hrs.

 

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.

 

CONDITIONS AGREED BY THE ENVIRONMENTAL HEALTH OFFICER

 

Noise from music and associated sources (including DJ’s and amplified voices) must not be audible to such an extent that it constitutes a nuisance at any noise sensitive premises.

 

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

 

There shall be placed at exits from the premises where they can be seen and easily read by customers (or members and their guests) notices requiring customers to leave the premises and area quietly.

 

No deliveries shall take place to the rear of the premises beyond the gates hereby approved before the hours of 8.00am of after 6.00pm on any day.

 

No refuse shall be disposed of or collected from the premises between the hours of 18.00hours and 08.00hours where such disposal or collection is likely to cause disturbance to local residents.

 

Use of external area to the front of the premises should not be permitted beyond 2200hours (the external area can be used beyond 2200hours for the purposes of smoking and no food or drink shall be taken into the external area after 2200hours on any day)

 

No amplified music/sound/speakers shall be permitted to any external part of the site.

 

The applicant shall submit for approval a scheme of sound insulation for the premises so as to control noise breakout from the premises.  The approved scheme shall be fully implemented before any regulated entertainment takes place at the premises.

 

There shall be no access by customers to the rear or sides of the premises and the side gate providing access to the rear of the site shall remain closed at all times except for access.

 

No tipping of glass or deliveries shall take place on Sundays or Bank Holidays or outside the hours of 0900 to 2100 Monday to Saturday.

 

The applicant shall submit for approval a noise management plan which outlines the measures to be implemented to mitigate noise associated with the outdoor seating area and customers leaving the premises

 

 

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 and balanced those concerns with the interests of the applicant and the licensing objectives.

 

The Sub-Committee noted that no representations had been received from the Responsible Authorities.

 

The Sub-Committee was satisfied that the statutory requirements regarding notices, advertisements and time limits had been complied with.

 

The Sub-Committee noted that local residents concerns included:

  • Noise nuisance
  • Proximity to residential properties
  • Live music and the additional noise associated with live music

 

The Sub-Committee felt that the applicant was an experienced operator as evidenced by his operation of a premises in Wilmslow.  The Sub-committee accepted that the conditions proposed by the Applicant, which had been drafted in consultation with the Responsible Authorities, were comprehensive and addressed the concerns raised by the local residents and promoted the four licensing objectives.

 

The Sub-Committee decided to grant the licence with no additional conditions to those already agreed and detailed above.

 

 

Supporting documents: