Agenda item

A report from the Executive Director (Corporate Core) is attached:-

The Licensing Authority received an application for the Variation of a Premises Licence under the Licensing Act 2003 in respect of The Hideout Gastro Bar, 2 Sherbourne Street, Prestwich, M25 3BB.

 

In making a decision, the steps the Sub-Committee can take are:-

 

•To grant the variation in the terms requested

•To grant the variation subject to amendments

•To amend or modify existing or proposed conditions

•To refuse the application

 

The Licensing Act 2003 and the Licensing Act 2003 (Hearings) Regulations are the relevant legislation.

 

The Licensing Unit Manager presented the report and explained the applicant for the licence is The Hideout Gastro Bar Limited, 2 Sherbourne Street, Prestwich M25 3BB. Mr Steven Anthony Monks, 471 Bury New Road, Salford is the Designated Premises Supervisor (DPS).

 

The Applicant had complied with all the necessary procedural requirements laid down by the Act.

 

As part of the statutory process the Responsible Authorities and interested parties are entitled to make representations in relation to the grant of a licence. Where representations are made and not withdrawn Members are required to determine them.

 

Representations must be relevant to the licensing objectives defined within the Act. The objectives are:-

 

• the prevention of crime and disorder

• public safety

• prevention of public nuisance and

• protection of children from harm

 

The application was for the variation of a Premises Licence under Part 3 of the Licensing Act 2003 with the current hours and proposed variations detailed in the report attached in the agenda packs.

 

The Licensing Unit Manager drew attention to the fact the Live Music Act permits Live Music and Recorded Music at a licensed Premises between the hours of 8.00am to 23.00 hours for up to 500 people.

 

There were no changes to the conditions on the Operating Schedule which was attached at Appendix 1 in the agenda packs.

 

Four representations had been received from interested parties and this was attached at Appendix 2 in the agenda packs.

 

After hearing the representations made and the evidence presented, Members are obliged to determine the application with a view to promoting the licensing objectives and having regard to the Authority’s Licensing Policy and National Guidance.

 

The Secretary of State’s Guidance to the Licensing Act 2003 is provided to licensing authorities in relation to the carrying out of their functions under the 2003 Act. It also provides information to magistrates’ courts hearing appeals against licensing decisions and has been made widely available for the benefit of those who run licensed premises, their legal advisers and the general public. It is a key medium for promoting best practice, ensuring consistent application of licensing powers across England and Wales and for promoting fairness, equal treatment and proportionality.

 

Section 4 of the 2003 Act provides that, in carrying out its functions, a licensing authority must ‘have regard to’ guidance issued by the Secretary of State under section 182. The Guidance is therefore binding on all licensing authorities to that extent. However, the Guidance cannot anticipate every possible scenario or set of circumstances that may arise and, as long as

licensing authorities have properly understood this Guidance, they may depart from it if they have good reason to do so and can provide full reasons.

 

Departure from the Guidance could give rise to an appeal or judicial review, and the reasons given will then be a key consideration for the courts when considering the lawfulness and merits of any decision taken.

 

Mr Steven Monks addressed the sub committee and explained the application was to increase live entertainment and the venue only plays live music on a Friday and Saturday. The premises was currently closed on a Monday and shut at 4.00pm on Tuesday and Wednesday due to not enough footfall. The venue usually closed around 10.00pm on Thursday evening and the variation was important to the future viability of the business as they were currently not able to play music after 11.00pm.

 

Ms Michelle Monks, the applicant’s sister and also a Director at the business explained that when the music was stopped at 11.00pm customers left to visit other nearby bars. Music had also been stopped on a Sunday apart from Bank Holidays or special occasions out of respect for Mr Lane- Kenwright who lived next door to the property,

 

Mr Monks felt that some people may not have understood the variation application hence the complaints from Sherbourne Court but Mr Lane- Kenwright had a valid concern as a neighbour. Ms Monks added it was not for a late licence but for the music element of the business.

 

Mr Monks explained they conducted sound level checks via  a decibel reader and held staff briefings that the level was not to exceed 80 decibels. This was part of the employees role on the late shift and a group Wats App chat was used for communications. Entertainers were also briefed before performing and following noise complaints made, the DJ box and speakers were moved to be redirected at the bar area rather than the adjoining wall. This wall was also sound proofed when the venue was under construction with internal cavity brick acoustic installation  along with sound board panelling which was felt well sufficient. Some entertainers also use their own sound systems .

 

The Licensing Unit Manager placed on record that there were no seasonal variations on the application to include Bank Holidays.

 

A Member understood that engagement with neighbours had taken place but asked about the external complaints for groups of people smoking and loitering.

 

Mr Monks reported that they have 2 doors staff on a Friday and Saturday located inside and at the bottom of the stairs to avoid loitering by asking people to move away to the top of Sherbourne Street. The venue was not open late so noise complaints from  the early hours of the morning would be from other venues. CCTV at the venue showed they don’t empty bottle bins after 9.00pm and this was conducted the following day after 11.00am. Other nearby venues had outdoor seating spaces with residential properties nearby and it seemed a small minority of local residents were not happy. Ms Monks added there was just a taxi bay outside the rank was located in the precinct. There was also another bar next to the Barbers shop along with a take away and off licence which would generate noise issues below the home of the resident in attendance at the meeting. 

 

Following a Member question about starting earlier in the day, Mr Monks clarified that during the daytime the business was an eatery.

 

The Licensing Unit Manager clarified that there had been no representations made by Environmental Health and if there were problems in the future, then there was a process to call in the licence for review.

 

Ms J. Levy who owned the neighbouring property was in attendance to help represent Mr S. Lane- Kenwright.

 

Mr S. Lane- Kenwright reported he lived next door and had heard persistent noise for around a year with DJs playing amplified music. Noise complaints had tried to be dealt with informally via Wats App communications with management. A number of dates were provided on instances when the noise levels were deemed excessive which included bass levels. The vibrations leak through the walls and the venue was unable to have efficient controls so he had raised the matter with the noise team and licensing department at the Council. With the use of TENS events there was no time to object with the short notice involved. Lyrics could be heard clear over music levels and it was hard to watch television over this background noise. He felt his home was being intruded and it was unreasonable noise which could be helped by using a noise limiter device which restricted the levels of devices plugged into it. 

 

Mr Lane- Kenwright added he suffered from migraines and felt he lived next to a nightclub with his bedroom being against the adjoining party wall. He could not stay at other people’s houses every weekend and felt the venue needed to be regulated as they cant manage it themselves.

 

Ms J. Levy stated this business had a party wall attached to her property and thought other bars in the area closed earlier. Taxis wait on the road below Mr Lane- Kenwright’s window as do people loitering.

 

Mr Monks had every sympathy with Mr Lane- Kenwright and when messages of noise  issues at the venue were received he then contacted the entertainer and staff to deal with the problem. Some of the external problems were beyond the control of the venue and not their responsibility.

 

The Licensing Unit Manager asked how often were Mr and Ms Monks on the premises and they reported more or less everyday and every weekend and one of the bar supervisors is a family relation.

 

Mr Lane- Kenwright commented that when customers were encouraged to move away from the venue, it moved them to the top of the road and closer to his home. He also reported to Members some of the sound level readings he had recorded himself on certain dates within his property. These were not minor and were very intrusive so safeguarding was required.

A Member asked if Mr Lane-Kenwright had double glazing windows and it was confirmed this was the case as it was located above a shop on Bury New Road.

 

A Member enquired what had Environmental Health stated when there had been no formal objections to this application and Mr Lane-Kenwright said they had directed him to the Licensing Service. Sundays noise had been hit and miss but the levels produced on Friday and Saturday were far too excessive. He repeated if a music limitation device could be installed to ensure compliance as he had seen these in operation whilst  working at a nightclub in the past. Some weekends he had worn headphones to be more comfortable in his own home.

 

A Member asked about the part wall sound proofing depths and Mr Monks provided the meeting with technical information the builder’s had installed.

 

The Licensing Unit Manager commented that 7 TEN applications had been obtained in 2026 at the venue and Environmental Health had made no objections and the public could not make any representations to these.

 

A Member enquired if Mr Lane-Kenwright’s flat was sound proofed and the answer was no.

 

Mr Monks commented on some of the objections and that they had never been informed of some of the problems listed meaning they could not resolve the issues as they had no idea of them or had ever never met the objectors. The venue had been open 15 months and was previously used as an office space. There had been one incident in the whole time they had been open connected to an assault on their door staff and there had been police issues.

 

Ms J. Levy stated previous to the existing business the venue was a tattoo parlour and there was no graffiti in the vicinity and she had been involved with the building for around 30 years.

 

In summing up, Mr Lane-Kenwright thanked Members for their time and requested fair and proportionate noise limits be in place by Environmental Health. Ms J. Levy added she had concerns for Mr Lane-Kenwright as he had lived happily in the property for many years before the bar opened and this could not continue.  More restrictions were required on the noise levels which could include more sound proofing and measures to combat loitering outside.

 

The Licensing Unit Manager commented that conditions 11 to 13 currently on the licence cover the prevention of public nuisance.

 

Ms Monks added that in the summer when the weather was hot a couple of customers had opened windows at the bar and they had purchased 6 large fans to help with the heat and would make sure the windows were closed to eliminate any noise from them.

 

The Sub-Committee then duly retired to consider the application.

 

The Members of the Panel were advised by the Legal Officer as to their duties under Section 4 of the Licensing Act 2003 to at all times consider the promotion of the Licensing Objectives, these being:

 

a) the prevention of crime and disorder

b) public safety

c) the prevention of public nuisance

d) the protection of children from harm

 

The Members were also advised of their duties in carrying out those functions in relation to the relevant provisions of the national guidance and the Council’s licensing policy statement.

 

In addition, Members were advised to give appropriate weight to the steps that are appropriate to promote the licensing objectives together with relevant representations presented by all parties.

 

Delegated decision

 

The Sub-Committee considered the application along with evidence noted and considered the representations relating to the licensing objectives.

 

To address any concerns for the representations in relation to any potential noise nuisance, an additional condition would be added which was felt necessary and proportionate to address these worries.

 

The relevant guidance issued under Section 182 of the Licensing Act 2003 was applied, specifically section  2.22 relating to public nuisance.

 

It was therefore agreed that the Sub- Committee unanimously grant the variation in the terms requested subject to an additional condition 13A on the operating schedule to state that no speakers or sound system should be fixed or placed adjacent to the party wall to the neighbouring property.

 

New variation hours

 

Opening Hours

Thursday                           10.30 to 23.30        

Friday                                10.30 to 00.30

Saturday                            10.00 to 00.30

Sunday                              10.00 to 23.30                             

         

For Supply of Alcohol (On the premises):

Monday to Thursday          11.00 to 23.00        

Friday to Saturday             11.00 to 00.00

Sunday                              12 Noon to 23.00

 

Playing of Recorded Music (Indoors)

Tuesday to Thursday         10.30 to 23.15        

Friday                                10.30 to 00.15

Saturday                            10.00 to 00.15

Sunday                              10.00 to 23.15

 

Performance of Live Music (Indoors)      

Tuesday to Thursday         10.30 to 23.15        

Friday                                10.30 to 00.15

Saturday                            10.00 to 00.15

Sunday                              10.00 to 23.15

 

Operating Schedule

 

The prevention of crime and disorder

 

1/ The premises will operate an effective CCTV system which will be maintained in good working order at all times the premises is open for business. The type of system (YI 1080p) has motion detection and two cameras, which the positioning of is to be agreed in liaison with the police.

 

2/ The location of cameras will be recorded on the plan attached to the licence. The recording medium (e.g. discs / tapes / hard drive etc) and associated images are to be retained and securely stored for a minimum period of 28 days and are to be made available to the police / Authorised Officers of the Licensing Authority upon request.

 

3/ The premises licence holder is to provide the police with the contact details of at least two members of staff (or other person(s) ) who are trained and familiar with the operation of the equipment so that, at the expense of the premises licence holder, they are able to check that the equipment is operating properly and that they are able to provide copies of recorded data upon request and within no more than 12 hours from the time of the request.

 

4/ The premises licence holder must notify the licensing office or the Police in the event of CCTV breakdown or malfunction as soon as is reasonably practicable and in any event within 24hrs.

 

5/ Staff training shall take place on the Licensing Act and Licensing objectives every six months and a written record of this training to be maintained and made available to the police and any authorised officer of the Council for inspection on request.

 

Public safety

 

6/ The bar/restaurant will be fitted carbon monoxide and smoke detectors. there are no steps or other hazards. signposting of possible hazards

 

7/ Customers will be prevented from leaving the premises with glasses or open bottles. Empty bottles must be placed into locked bins so as to prevent them from being used as weapons.

 

8/ Only plastic glasses / plastic bottles/ toughened glass will be used in the outside areas.

 

The prevention of public nuisance

 

9/ Prominent, clear and legible notices will be displayed at all exits requesting that customers respect the needs of local residents and to leave the premises and area quietly.

 

10/ We will ensure that music and associated other noise sources (e.g. DJs and amplified voices) shall not be generally audible inside noise sensitive property at any time. The DPS or a member of staff will carry out noise level checks of the surrounding outside area whenever entertainment is being provided taking action to reduce noise levels where there is a potential for nuisance to be caused.

 

11/ All external doors and windows will be kept closed when music is being played

 

12/ The outside area will not to be used for licensable activities or for the consumption of alcohol after 22.00 hours daily.

 

 

The protection of children from harm

 

13/ The premises will operate a “Challenge 25” proof of age policy and signage to this effect is to be prominently displayed within the premises. Persons who appear to be under the age of 25 will be asked to produce for thorough scrutiny by staff, proof of identity/age before being sold / supplied alcohol. Only a passport or photo-card driving licence or a proof of age card bearing the official ‘PASS’ accreditation hologram will be accepted as proof of age.

 

14/ The premises will maintain a refusals book to record the details of incidents / descriptions of individuals whenever a member of staff has refused to sell alcohol to a person suspected of being under the age of 18. The book will be made available to the police / authorised officers of the Licensing Authority on request.

 

The Chair advised of their right to appeal the decision to the Court within the relevant timescales upon receiving written notification.