Public Document Pack - City of Salford

Licensing Panel (Premises) Dear Member,

You are invited to attend the meeting of the Licensing Panel (Premises) to be held as follows for the transaction of the business indicated.Sian RoxboroughProper Officer

DATE: Thursday, 27 August 2020

TIME: 10.30 am

VENUE: Microsoft Teams Meeting

AGENDA

THE MEETING CAN BE VIEWED FROM THE LINK BELOW:https://teams.microsoft.com/l/meetup-join/19%3ameeting_OWVkYzRhYzEtZTYyOC00OWE5LWEyMzctMDlkZTRiZDNkMmI5%40thread.v2/0?context=%7b%22Tid%22%3a%2268c00060-d80e-40a5-b83f-3b8a5bc570b5%22%2c%22Oid%22%3a%2211b92587-2ccd-43bf-a58e-1c84a3b4ee72%22%2c%22IsBroadcastMeeting%22%3atrue%7d

1 Introductions and Procedures

2 Licensing Act 2003

To consider an application for a new premises licence for:

Hadfield’s Café61 Manchester Road, Pendlebury, Swinton, SalfordM27 5FX.

(Pages 1 - 48)

Contact Officer: Tel No: 0161 793 3316Carol Eddleston, Senior Democratic Services Advisor

E-Mail: [email protected]

Public Document Pack

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CONTENTS PAGE

Applications for a Premises Licence

Thursday 27th August 2020 at 10:30

Hadfield’s Cafe61 Manchester Road, Pendlebury, Swinton M27 5FX

Panel report Appendix 1

Protocol Appendix 2

Application form (contains personal data) Appendix 3

Premises plan Appendix 4

Representations (contains personal data) Appendix 5

Photos of surrounding area submitted by an Appendix 5.1objector to the application

Conditions from Environmental Protection Appendix 6

Conditions from GMP Appendix 7

Mediation email Appendix 8

Page 1

Agenda Item 2

PART 1 ITEM NO.

REPORT OF THE LEAD MEMBER FOR ENVIRONMENT TO THE LICENSING SUB COMMITTEE.

TO THE LICENSING SUB COMMITTEE THURSDAY 27TH AUGUST 2020

TITLE: Application for a premises licence under the Licensing Act 2003.

RECOMMENDATIONS: 1. Members are asked to make a decision in accordance with the protocol served on the parties.

EXECUTIVE SUMMARYAn application for a premises licence was received by the Licensing Section for Hadfield’s Café, 61 Manchester Road, Pendlebury, Swinton M27 5FX

BACKGROUND DOCUMENTS (Available for public inspection)

Licensing Act 2003, Statutory Guidance and Salford City Council Licensing Policy

ASSESSMENT OF RISK Not Applicable.

SOURCE OF FUNDING Licence Fee

LEGAL ADVICE OBTAINED

FINANCIAL ADVICE OBTAINED

Not Applicable

CONTACT OFFICER Tim Cook

Page 3

WARD (S) TO WHICH REPORT RELATES

Claremont

KEY COUNCIL POLICIES Salford City Council Licensing Policy.

DETAILS (Continued Over)

BACKGROUND

This is an application for a premise licence from Mrs Jenna Hadfield, Well Prepared Limited, 47 May Road, Swinton M27 5FS for Hadfield’s Café, 61 Manchester Road, Pendlebury, Swinton M27 5FX

The application was received at the licensing office on 08/07/2020. During the 28-day relevant representation period representations have been received at the licensing section from local residents.

Conditions were agreed with Environmental Protection and Greater Manchester Police, if the application is granted these conditions will be added to the licence.

Mrs Hadfield did attempt to mediate with local residents by e-mail but residents still sought for the application to be heard by the panel.

All documents are attached to this report.

This application will be considered on its own merits.

When dealing with this application members will also take into account the licensing policy of Salford City Council and the Statutory guidance issued by the Secretary of State for Culture, Media and Sport.

Members are requested to make a decision on the matter.

Page 4

January 2008

LICENSING ACT 2003 PROTOCOL TO BE FOLLOWED IN HEARINGS

All hearings will be conducted in public by a Licensing Sub-Committee, unless it is necessary to sit in private.

Each application will be considered on its merits, taking the following factors into account

The four licensing objectives, namelyo Prevention of crime and disordero Public safetyo Prevention of public nuisanceo Protection of children from harm

The policy of the licensing authority Statutory guidance issued by the Secretary of State for Culture, Media and

Sport

The proposed procedure will be as follows

The Chair will introduce the members and officers present, identify the applicant and responsible authorities and interested parties who have submitted representations and explain the purpose of the hearing together with the procedure to be followed.

The Chair will seek confirmation that the application is complete.

The Chair will indicate, if appropriate, that the members of the sub-committee have read the papers and that the parties do not need to repeat their written submissions, unless to clarify specific points notified to them by the Authority.

The Chair will invite the applicant to address the hearing.

Members may ask questions of the applicant.

Other parties may ask questions of the applicant if appropriate.

The Chair will invite the responsible authorities to present their representations.

Members may ask questions of the responsible authorities.

Other parties may ask questions of the responsible authorities if appropriate.

The Chair will invite the interested parties to present their representations. Where a large number of similar written representations have been received, the Chair may request that the parties nominate a spokesperson on their behalf.

Members may ask questions of the interested parties.

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January 2008

Other parties may ask questions of the interested parties if appropriate.

The Chair will invite the applicant and all other parties to summarise their points if they wish to.

The legal adviser to the Sub-Committee will advise on any points of law.

The Sub-Committee will make a decision upon the application.

If the Sub-Committee is minded to grant the licence subject to conditions of a specific nature, it may ask the parties to draft such conditions. Comments will then be invited upon the proposed conditions.

Once the Sub-Committee has made its determination, all parties will be notified in writing within 5 working days

Please note

Late representations and evidence will only be accepted with the agreement of all parties present.

All parties will be allowed a reasonable and equal amount of time to present their case as determined by the Chair.

If the hearing is for a review, the premises licence holder will become a separate party entitled to present his/her case and question other parties as appropriate. Where the review follows a closure order, it is likely that the Police will be treated as the applicant for procedural purposes.

Cross-examination will not normally be permitted unless the sub-committee considers that it would be necessary in the circumstances of the case.

The Sub-Committee may exclude any parties from the hearing who are behaving in a disruptive manner.

The Sub-Committee may adjourn the hearing to a further specified date if it considers such action necessary, giving its reasons for doing so.

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Document is Restricted

Page 7

By virtue of paragraph(s) 1 of Part 1 of Schedule 12Aof the Local Government Act 1972.

Document is Restricted

By virtue of paragraph(s) 1 of Part 1 of Schedule 12Aof the Local Government Act 1972.

APPENDIX 5.1 – PHOTOS OF SURROUNDING AREA SUBMITTED BY A RESIDENT WHO HAS SUBMITTED REPRESENTATIONS AGAINS THE APPLICATION These pictures show the residential area, the junction and cycle way outside the premises, the crossing to the children's park outside the premises, Westwood park with children's activity area, cycleway sign along side the premises with a view of the proximity of A580 junction spur, present random parking. These pictures support my objection to licence premises in a residential area, on a major cycleway and road junction, opposite a children's play area with the access outside the proposed licence premises.

Page 33

REPRESENTATION FORM

Responsible Authority. Environment (Noise)

Your Name Malcolm Coppock

Job Title

Postal address and email

address

Salford City Council, Civic Centre, Chorley Road

Swinton, Salford, M27 5FJ

Contact Telephone Number 0161 686 6205

Name of the premises you

are making a

representation about.

Hadfield’s

Address of the premises

you are making a

representation about

61 Manchester Road, Swinton, Salford, Manchester

Your representation must

relate to one of the four

Licensing Objectives, below.

Please state yes or no.

Yes

Please detail the evidence supporting your representation.

Or the reason for your representation.

Please use separate sheets if necessary

The Prevention of harm to

Children

To prevent Public Nuisance

Yes Residential area: - Noise levels need to be controlled during

and beyond normal working hours.

To prevent Crime and

Disorder

Public Safety

Suggested conditions that could be

added to the licence to remedy

your representation or other

suggestions

You would like the Licensing Sub

Committee to take into account.

Please use separate sheets where

necessary.

See Attached Sheet

N.B if you do make representation you will be expected to attend the Licensing Sub-Committee

and any subsequent appeal proceedings.

Signed: Malcolm Coppock Date: 29/07/2020

Please return this form, along with any additional sheets to The Principal Licensing Officer, Salford City

Council, Salford Civic Centre, Chorley Road, Swinton, Salford M27 5DA or email to

[email protected]. This form must be returned within the Statutory Period, 28 days from

the day the notice was displayed on the premises or the date specified in the Public Notice in the

Newspaper.

Page 41

mailto:[email protected]

Premises Licence Application 29/07/20

Recommended Noise / Prevention of Public Nuisance Conditions

RE: Hadfield’s, 61 Manchester Road Swinton, Salford, Manchester

Hours of opening

08:00 hours to 22:00 hours Monday to Saturday

10:00 hours to 16:00 hours Sundays and Bank holidays

Sale of alcohol timings

12:00 hours noon to 21:45 hours Monday to Saturday

12:00 hours noon to 15:45 hours Sundays and Bank holidays

CONDITION 1

All necessary steps shall be taken to ensure that any noise from the premises shall not be at a level which

could cause nuisance at the boundary of the nearest residential premises, therefore:-

No noise shall emanate from the premises nor vibration be transmitted through the structure of the

premises that gives rise to a nuisance.

CONDITION 2

All doors, including internal double doors and windows shall be closed at all times. Except for the sole

purpose of access and egress of the building.

CONDITION 3

There shall be no noise from emptying of bottles and glasses in the outside bins between the hours of

23:00 to 08:00. There shall be no noise from the movement of bins and rubbish between the hours of

23:00 to 08:00 on any day.( Except on the contracted bin collection day) The premises and the

immediate surrounding area shall be kept clean and free from litter at all times.

CONDITION 4

The premises shall only operate as a café / restaurant.

1) in which customers are shown to their table

2) That’s provides food in the form of a substantial table meals prepared on the premises and served and

consumed at the table using non- disposable crockery.

3) Where intoxicating liquor shall not be sold, supplied or consumed on the premises otherwise than

persons who are diners taking substantial table meals and provided always that the consumption of

intoxicating liquor by such persons is ancillary to taking such meals.

CONDITION 5

The use of any outdoor space to which you are entitled to use to the front of the premises shall be

restricted to a maximum of 12 persons at any times.

CONDITION 6 Page 42

There shall be a documented and implemented smoking and dispersal policy with a copy lodged with the

councils licensing department. There shall be placed at all exits from the premises in a place where they

can be seen and easily read by the public, notices requiring customers to leave the premises and the area

quietly.

CONDITION 7

Documented records of training completed shall be kept for each member of staff. Training shall be

regularly refreshed at no greater than 6 monthly intervals. Training records shall be made available for

inspection upon request by a police officer or an authorised officer of Salford City Council.

As a minimum, all staff shall be trained in:

The relevant age restrictions in respect to the products

Recognising the signs of drunkenness

How to refuse service and keeping a refusal log.

The premises Duty of Care

The company’s policies and reporting procedures

Action to be taken in the event of an emergency, including the preservation of a crime scene and

reporting an incident to the emergency services.

The conditions in force in this licence.

CONDITION 8

Any lighting on or outside the premises will be positioned and screened in such a way so as to not cause

a nuisance and disturbance to nearby residents.

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Conditions to be added to the current licence application for Hadfield Café from GMP

CCTV

● Maintain clear images – clean lens on regular basis, regular tests must be made on the System, and any faults be recorded in a CCTV record book and dealt with as soon as practicable.

● Ensure CCTV is capable of facial recognition ● CCTV easily downloadable and available to Police officers on Demand● Lighting must be complimentary to CCTV ensuring clear images● CCTV cameras located to cover all areas of the Premises that the Public have access to (Except

Toilet area)● A digital hard drive CCTV system to be in operation to cover all areas of the premises to which

the public have access. (Except Toilet area)● There will be CCTV cameras covering the all the outside area under the control of the premises● All CCTV recorded images will have sufficient clarity / quality /definition to enable facial

recognition.● CCTV will be kept in unedited format for a period of 28 days, any DVDs subsequently produced

will be in a format so it can be played back on standard personal computer or standard DVD player.

● Any person left in charge of the premises must be trained in the use of any such CCTV equipment and able to produce / download / burn CCTV images upon request by a person from a responsible authority or be in a position to do so within an acceptable time period.

● CCTV will be maintained on a regular basis and kept in good working order. CCTV maintenance records to be kept and details of the contractor used and work carried out to be recorded and kept.

● Where the recording is on a removable medium (i.e. videotape, compact disc, DVD, memory stick, etc) a secure storage system to store those recording mediums shall be provided.

● All recorded images must contain a visible time and date stamp which shows the actual time of the recording.

The primary function of the premises is to operate as a Café/Bistro - Alcohol sales will be ancillary to food, take away food and Table food

The outside area at the front of the premises will be clearly identified by a barrier to prevent tables and chairs being moved out of that area.

Any tables and chairs outside the premises will be brought into the premises at the end of trading each night. – no seating will be left outside out of trading hours.

No Customers will be allowed to take open containers of Alcoholic drinks outside the outdoor area of the premises

No Rowdy or inconsiderate behavior by customers inside and outside the premises that will cause alarm or distress to any persons

A Challenge 25 policy will be operated whereby any person who is attempting to purchase alcohol and who appears to be under the age of 25 will be required to produce Driving License and Passport to prove that they are at least 18 years of age.

Page 45

An incident log( which may be electronically recorded) shall be kept at the premises for at least six months, and made available on request to the police or an authorised officer of the licensing authority, which will record important and relevant incidents and shall including pertinent details the following shall be included as a minimal starting point.

A) All crime reported to the venue, or by the venue to the policeB) All ejections of patronsC) Any complaints receivedD) Any incidents of disorderE) Seizure of drugs, offensive weapons, fraudulent ID or other itemsF) Any faults with the CCTV or body cam systems, searching equipment or scanning equipmentG) Any refusal of the sale of alcoholH) Any visit by the relevant authority or emergency serviceI) The times on duty, names and the license numbers of all licensed door supervisors at the

premises. (When required)

Page 46

From: Sent: 11 August 2020 13:03To: Farrelly, Veronica <[email protected]>Subject: RE: Hadfield's Cafe 61 Manchester Road M275fx Licence proposal

Dear Sir/Madam

We are writing to you in response to your recent representation regarding the license application for our business 'Hadfield's Cafe'. We Understand that you may have concerns regarding this proposal and we would like the opportunity to try and alleviate some of your apprehensions.

Firstly we would like to inform you that we have reconsidered the proposed opening times and have agreed a reduction in both opening times and alcohol sales times. We understand that 2300Hrs was perhaps too late given the surrounding residential properties and as such we have provisionally agreed with the Environmental Health Department and the Local Police to the following conditions;

Opening Times ; Mon - Sat 08:00- 22:00 Sun & BHol 10:00- 16:00

Sale of alcohol: Wednesday- Sat 12:00 -21:45 Sun & BHol - 10:00 - 16:00

Furthermore, we would also like to reassure you that our intention is not to create an environment that will cause public nuisance and as such we shall be implementing strict guidance and policies around the sale of alcohol. At present our policy stipulates that any alcohol sold must be in conjunction with the sale of food. It will also require customers to be seated at a table. This will ensure that there are sensible guidelines in place and that the consumption of alcohol on the premises will be done so in a regulated manner.

We are working closely with the local council, Environmental Health Department, Police and Fire service to ensure that our business is properly regulated and that we are working in collaboration to support local initiatives in maintaining the safety of our community. It is perhaps worth mentioning that we are also local residents and we too have a young family. As such, we share the passion you do to preserve the local area and avoid any nuisance behaviours. We are aware that a large portion of the local residents are elderly and we would like to reassure you that we will not be operating a venue that allows excessive noise, music or rowdy behaviour. There will be strict licensing policies in place which will allow us to moderate each sale of alcohol under close guidance, there will be no nuisance behaviour tolerated and we will have security measures in place to allow us to manage this effectively.

In addition to these points, we understand many of you have concerns regarding the parking around the premises. We can empathise with you as we experience the same issues with us being local residents. However, we do not foresee the allocation of a premises licence to exasperate this problem any more than is currently the case for the existing businesses on Manchester Road. It is unfortunate that parking is limited but we expect that customers

Page 47

wishing to frequent the premises with the intention of consuming alcohol would not be driving and as such parking would not be a concern.

We are hoping that the opening of Hadfield's cafe will be a success and that it will be a valuable asset to the local community. We want to create a friendly atmosphere where all of our local residents feel welcome and provide a central place for people to meet and enjoy a social opportunity to those who are perhaps a little isolated. We will be offering a full and varied menu which caters for everyone. There will be a variety of hot and cold beverages, deserts as well as promoting healthy eating with healthy meal preps on offer. We are looking to source bio degradable cups for our take out hot drinks and we will be sourcing much of our produce from local suppliers.

Similar local businesses to ours have proven to be a success and are not attracting any unpleasant attention. We would like to think that Hadfield's cafe will follow suit as it is our belief that the majority of the local residents are excited for our venture and would welcome what we have to offer. We have had the opportunity to speak with many people from the local community and we have received extremely positive feedback in doing so and with the current climate affecting so many small businesses we would like the opportunity to grow something special in our area. We hope that you will be on board and we welcome seeing you in the near future when we are open.

If there are ever any concerns you may have regarding the operating of our business or any worries pertaining to the behaviour of staff or customers, please do not hesitate to contact me at any time. My number is XX

If you are happy to withdraw your representation for the licence could I ask that you contact [email protected] or [email protected] as withdrawals must be formalised by the licensing department.

Kind regards

Mrs Jenna Hadfield & Mr Gareth Hadfield

Hadfield's Cafe 61 Manchester Road m275fx

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