Agenda item

Application for Variation of a Premises Licence - Panacea, London Road, Alderley Edge, Cheshire

To consider an application for the variation of a Premises Licence by Playworks Ltd in respect of Panacea, London Road, Alderley Edge, Cheshire.

Minutes:

The Sub-Committee considered the report of the Licensing Officer which provided details in respect of an application by Playworks Ltd for a variation of a premises licence for Panacea, London Road, Alderley Edge, Cheshire.

The Sub-Committee also took into account –

· The Secretary of State’s Guidance under Section 182 Licensing Act 2003

· Cheshire East Borough Council’s Statement of Licensing Policy

· The four licensing objectives, namely –

(i) the prevention of crime and disorder;

(ii) public safety;

(iii) the prevention of public nuisance; and

(iv) the protection of children from harm

· All the evidence, including written and oral representations made at the meeting

Following on-site discussions with the Public Protection and Health Officer, the applicant had agreed a revision to the application. The proposal (as amended) was detailed in the report and sought to extend the terminal hour in relation to all licensable activities, with the exception of late night refreshment, from 03.00 to 04.00 Monday to Saturday and from 02.00 to 03.00 on Sundays. In relation to late night refreshment the application was for an extension of the terminal hour from 02.30 to 03.30 Monday to Saturday and from 01.00 to 02.30 on Sundays.

The application also included a request to permit certain forms of regulated entertainment outdoors and to vary Condition 17 within Annex 2 of the Premises Licence to remove the requirement that there should be no external speakers operated at the premises.

The Licensing Officer outlined the application for the Sub-Committee.

It was reported that representations had been received from occupiers of properties in Lynton Lane, Alderley Edge. Their representations had been made under the licensing objective of prevention of public nuisance.

The Police, whilst not objecting to the application, had expressed concerns in relation to the potential for anti-social behaviour which may be caused if regulated entertainment were allowed externally. Subject to the applicant making an agreement with Public Protection and Health, the Police had no objections.

Public Protection and Health had originally submitted an objection in respect of the use of regulated entertainment on the external terrace. However, following a site visit and discussion with the applicant, the objection had been withdrawn.

No other representations from responsible authorities had been made.

Mr Horne, on behalf of Playworks Ltd. presented the application, addressing objections raised by local residents. In support of the application, Mr Akka outlined the day-to-day operation of the business and emphasised its family-orientated nature. Although an extension was proposed, the applicant might not operate to the full extent of the hours requested, but wished to have the option in the interests of commercial flexibility.

Mr Horne and Mr Akka were then questioned by all parties by way of clarification.

Mr Roscoe, for Public Protection and Health reported that he had made a site visit and had been given full access to all areas.He was satisfied that the proposals, as amended, and conditioned appropriately, would not give rise to concerns.

Mr Roscoe was questioned by Members of the Sub-Committee and the local residents, by way of clarification.

Councillor Frank Keegan, Ward Councillor, addressed the Sub-Committee on behalf of local residents who were in attendance and also made their own observations. The bases of their objections were –

Ø Noise nuisance was already at an unacceptable level and extension of the licensing hours would exacerbate the problem, particularly if outside speakers were permitted on the restaurant terrace.

Ø Incidences of anti-social behaviour by intoxicated patrons, such as urinating in the street, were cited.

Ø Parking in nearby residential streets: Noise nuisance from patrons returning to their cars in the early hours of the morning.

Councillor Keegan was questioned by Members of the Sub-Committee and the applicant’s representative, by way of clarification.

Mr Hornethen summed up the application and responded to the objections raised.

At this point in the proceedings, the Sub-Committee, together with the Legal Adviser, withdrew to consider the application.

Having reached a decision, the Sub-Committee re-convened the meeting and informed the applicant and those present of its decision.

RESOLVED:

1. That a variation of the licence be granted to Playworks Ltd. in respect of Panacea, London Road, Alderley Edge, Cheshire, as follows -

Live Music (to take place indoors and outdoors)