To consider a report of the Head of Public Protection.

The Head of Public Protection submitted a report informing Members of an application received from L R Law acting as agent  for M & H Property Limited for the grant of a premises licence for The Brasserie which had attracted a representation from a local resident against the application, a representation from the Pollution, Housing and Licensing Team, Trafford Council recommending the attachment of conditions to any new licence granted, which had been agreed by the applicant prior to the hearing.

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

 

Representations were made in support of the application by Mr. Williams, L R Law.

 

           RESOLVED –

 

(1)       That the application by L R Law acting as agent for M & H Property Limited for a Premises Licence for The Brasserie, 11 Victoria Parade, Urmston, M41 9BP 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 Public Protection.

 

LICENSING SUB-COMMITTEE DECISION NOTICE

 

Sub Committee         Councillor C. Candish (Chairman)    

Members:                   Councillor B. Sharp

                                    Councillor M. Freeman

 

Type of Licence:       Grant of Premises Licence: The Brasserie, 11 Victoria Parade, Urmston M41 9BP

 

Representors:           Local Resident – not in attendance

                                    Mr B Collins

 

Pollution, Housing & Licensing Team – Trafford Council

not in attendance

                                    Mr R Pollitt – Scientific Officer

 

Parties Present:     On behalf of M and H Property Limited

                                    Mr R Williams – Solicitor

 

Officers

                                    Sumayya Rawat - Solicitor

                                    Jan Taylor – Licensing Officer

                                    Natalie Owen – Democratic Services Officer

 

 

Date of Hearing:        Tuesday 9^th September 2014

Time Commenced:   6.37 p.m.

 

Time Terminated:     7.26 p.m.

 

 

LICENSING SUB-COMMITTEE DECISION

 

The Sub-Committee decided that the representations received were relevant representations.

 

To grant a premises licence as follows:

 

Licensable Activities

 

Supply of Alcohol (on and off the premises):

 Monday to Thursday                     10.00 a.m. to 23.30 a.m.

 Friday – Sunday                            10.00 a.m. to Midnight

New Year’s Eve – require flexibility of use between end of permitted hours on 31^st December to start of permitted hours on 1^st January annually.

 

 Late Night Refreshment

 Monday to Thursday                     23.00 p.m. to 23.30 p.m.

 Friday – Sunday                23.00 p.m. to Midnight

 Annual New Year festivities – require 23:00 p.m. 31^st December to 05.00 a.m. on 1^st January

 

 Regulated Entertainment (Indoors) for Recorded music:

 Monday to Thursday                     10.00 a.m. to 23.30 p.m.

 Friday – Sunday                            10.00 a.m. to Midnight

 Annual New Year festivities – require flexibility of use between end of permitted hours on 31^st December to start of licensable activities on 1^st January

 

 Non-Standard Timings     for all Licensable Activities

 

 An extra hour on Valentine’s Day, Mothering Sunday, Father’s Day, Christmas Eve, Boxing Day, New Year’s Day and the Friday, Saturday and Sunday preceding a Bank Holiday Monday.

 

Mandatory Conditions

 

Mandatory Conditions under section 19 and 19A of the Licensing Act 2003    where the licence authorises the supply of alcohol on the premises.

 

 

Additional Conditions

 

The licensable activities are permitted to take place on the licensed premises during the times specified within the licence application submitted for the premises.

 

 

PPN3

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 properties.

 

PPN4

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

 

PPN5

The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause disturbance to local residents.

 

PPN6

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

 

PPN7

No refuse shall be disposed of or collected from the premises between the hours of 1900 and 0730 where such disposal or collection is likely to cause disturbance to local residents.

 

PPN9

The external seated area shall be vacated by 10pm, all seats and tables shall be removed and placed internally at this time.

 

PPN14

Where the premises provide food to the public for consumption on or off the premises there shall be provided at or near the exits, sufficient waste bins to enable the disposal of waste food, food containers, wrappings etc.

 

 

LICENSING SUB-COMMITTEE’S REASONS FOR REACHING ITS DECISION

 

1.   The Sub-Committee carefully considered the resident’s concerns regarding the potential for noise nuisance and balanced those concerns with the interests of the applicant and the licensing objectives.

 

2.   The Sub-Committee considered that the conditions are relevant, necessary and proportionate.