Agenda and minutes

RESOLVED:

That Councillor D Edwardes be appointed as Chair.

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda and for Members to declare if they have pre-determined any item on the agenda.

There were no declarations of interest.

To consider the above application.

The Committee considered a report to determine an application to review a Premises Licence made under the Licensing Act 2003 for the Puss In Boots, 198 Buxton Road, Macclesfield, SK10 1NR.

The following attended the hearing and made representations with respect to the application:

• The applicant
• The applicants supporter
• The solicitor and the Licensing Director for the Premises Licence Holder

After a full hearing of the application and in accordance with the rules of  procedure, the Chairman of the Sub-Committee reported that after taking account of:

• The oral and written representations made by all parties to the hearing.
• The licensing objective of the prevention of public nuisance.
• The Secretary of State’s Guidance under the Licensing Act 2003 (Dec 2022).
• Cheshire East Council’s Statement of Licensing Policy.

The following course of action had been agreed:

RESOLVED:

The application for a review of Premises Licence PR/0176 for undermining all four licensing objectives is upheld in part.  Modifications to the licence conditions will be imposed to ensure the licensing objective of preventing public nuisance is upheld by the Licence Holder. 

MODIFIED CONDITIONS

Annex 2 to Premises Licence PR/0176 is modified as follows:

Condition 9 is amended to the following:

Prominent, clear and legible notices shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises area quietly.

In Annex 3 to Premises Licence PR/0176 the following new conditions are imposed:

·         The sale of alcohol for consumption off the Premises shall not take place after 9.00pm on any day the Premises is open to the public or available for private hire. Customers will not be permitted to take drinks out of the licensed area after 9.00pm.

·         No speakers or amplifiers are to be mounted on the exterior elevations of the licensed area of the Premises.

·         The following recommendations in in the Noise Impact Assessment by Hepworth Acoustics Limited dated June 2023 shall be implemented by the Licence Holder:

·         An electronic music noise limiter shall be fitted to the door within the tow path elevation of the Premises.

·         The single glazed bay window within the tow path elevation of the Premises is to be fitted with a thermal double-glazed secondary glazing system.

As per the Licence Holders representations it is recommended that no amplified live music is performed until the recommendations in the NIA are implemented.