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Consultation and Public Notices

Public Notices

Application for the review of a Premises Licence – Bargain Booze, Poynton

Application for the review of a premises licence - Licensing Act 2003

NOTICE is hereby given that Cheshire East Borough Council has on 14th December 2011 received an application for the review of the premises licence in respect of the premises known as Bargain Booze, 47 London Road South, Poynton, Stockport, SK12 1LA .

The grounds for the review application relate to the licensing objectives, the prevention of crime and disorder and the protection of children from harm.  The review application refers to incidents of alcohol sales to persons under the age of 18 at the premises.

Any person wishing to make representation in relation to this application may do so in writing by 11th January 2012 to: The Licensing Section, Cheshire East Borough Council, Westfields, Middlewich Road, Sandbach, Cheshire CW11 1HZ or by e-mail to licensing@cheshireeast.gov.uk

A copy of the application for the above licence is kept by the Licensing Section of Cheshire East Borough Council and may be viewed at any time during office hours.

If is an offence to knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence is level 5 on the standard scale, currently £5,000.

Application for the review of a Premises Licence – Black Bear Inn, Sandbach

Application for the review of a premises licence - Licensing Act 2003

NOTICE is hereby given that Cheshire East Borough Council has on 12th December 2011 received an application for the review of the premises licence in respect of the premises known as Black Bear Inn, High Street, Sandbach, Cheshire, CW11 1AX.

The grounds for the review application relate to the licensing objectives, the prevention of crime and disorder and the protection of children from harm.  The review application refers to incidents of alcohol sales to persons under the age of 18 at the premises.

Any person wishing to make representation in relation to this application may do so in writing by 9th January 2012 to: The Licensing Section, Cheshire East Borough Council, Westfields, Middlewich Road, Sandbach, Cheshire CW11 1HZ or by e-mail to licensing@cheshireeast.gov.uk

A copy of the application for the above licence is kept by the Licensing Section of Cheshire East Borough Council and may be viewed at any time during office hours.

If is an offence to knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence is level 5 on the standard scale, currently £5,000.

Application for the review of a Premises Licence – The Baths Hotel, Macclesfield

Application for the review of a premises licence - Licensing Act 2003

NOTICE is hereby given that Cheshire East Borough Council has on 9th December 2011 received an application for the review of the premises licence in respect of the premises known as The Baths Hotel at 40 Green Street, Macclesfield, Cheshire, SK10 1JH.

The grounds for the review application relate to the licensing objective, the prevention of public nuisance.  The review application refers to incidents of noise nuisance coming from the premises.

Any person wishing to make representation in relation to this application may do so in writing by 6th January 2012 to: The Licensing Section, Cheshire East Borough Council, Westfields, Middlewich Road, Sandbach, Cheshire CW11 1HZ or by e-mail to licensing@cheshireeast.gov.uk

A copy of the application for the above licence is kept by the Licensing Section of Cheshire East Borough Council and may be viewed at any time during office hours.

If is an offence to knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence is level 5 on the standard scale, currently £5,000.

Street Trading

Section 3 and Schedule 4 Local Government (Miscellaneous Provisions) Act 1982

NOTICE is hereby given that at a meeting of Council on 13th October 2011 Cheshire East Borough Council (‘the Council’) resolved that Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) (‘the 1982 Act’) shall be adopted and shall apply to the Borough of Cheshire East with effect from 1st December 2011.

The predecessor district councils (i.e. Congleton Borough Council, Crewe & Nantwich Borough Council and Macclesfield Borough Council) previously resolved to adopt the provisions of Schedule 4 of the 1982 Act, which relate to the regulation of street trading. The Council’s resolution has the effect of confirming the application of the provisions across the whole of the Borough of Cheshire East.

‘Street trading’ for the purposes of Schedule 4 means, subject to certain exemptions, the selling or exposing or offering for sale of any article (including a living thing) in a street. Schedule 4 of the 1982 Act allows local authorities to designate streets as prohibited streets (i.e. where street trading is prohibited), licence streets (i.e. where street trading is only permitted under the authorisation of a licence granted by the authority), or consent streets (i.e. where street trading is only permitted under the authorisation of a consent issued by the authority).

A person who engages in trading in a prohibited street or engages in street trading in a licence or consent street without being authorised to do so commits an offence and is liable, on summary conviction, to a fine not exceeding £1,000.

Dated: 26th October 2011. Caroline Elwood, Borough Solicitor.

Tattooing, Piercing and Acupuncture Licence

Part VIII, Local Government (Miscellaneous Provisions) Act 1982

NOTICE is hereby given, in accordance with section 13 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) (‘the 1982 Act’), that on 13th October 2011 Cheshire East Borough Council (‘the Council’) resolved that the provisions of sections 14 to 17 of the 1982 Act be adopted and shall apply within the Borough of Cheshire East (‘the Borough’) with effect from 1st December 2011.

The Council further resolved that, from the date the adoption takes effect, section 15 of the 1982 Act  shall apply, within the Borough, to persons carrying on the business of tattooing, of semi-permanent skin-colouring, of cosmetic piercing or of electrolysis. Section 14 of the 1982 Act applies to persons carrying on the practice of acupuncture.

The effect of the resolution is to require both (i) persons carrying on the business of tattooing, of semi-permanent skin colouring, of cosmetic piercing, or of electrolysis within the Borough; and (ii) those carrying on the practice of acupuncture within the Borough, to register both themselves and the premises where the business/practice is to be carried on with the Council. The requirements within sections 14 and 15 of the 1982 Act do not apply to the carrying on of such a business by or under the supervision of a person who is registered as a medical practitioner (or a dentist in the case of acupuncture) or to the premises of such a person. Failure to register is an offence, for which the penalty on summary convictions is a fine not exceeding £1,000.

The predecessor district councils (i.e. Congleton Borough Council, Crewe & Nantwich Borough Council and Macclesfield Borough Council) previously resolved to adopt the provisions of sections 14 to 17 of the 1982 Act; the resolution made on 13th October 2011 has been made to confirm the adoption within the Borough.

Dated: 26th October 2011. Caroline Elwood, Borough Solicitor.

Consultation – Hackney Carriage Vehicle Conditions and Vehicle Test Guidelines

On 12th October 2011 the Council launched a consultation exercise in relation to a proposed set of hackney carriage vehicle conditions (to apply in each of the three hackney carriage zones) and a set of vehicle test guidelines in relation to hackney carriage vehicles.

At its meeting on 12 September 2011, the Licensing Committee considered a report which set out each of the three existing sets of hackney carriage vehicle conditions together with proposals relating to a harmonised set of conditions to apply in each of the three zones. The Committee resolved to authorise officers to carry out a consultation exercise on the proposed hackney carriage vehicle conditions, a copy of which is available via the link below.

Consultees are asked to provide any views in relation to the proposed Hackney Carriage Vehicle conditions. It should be noted that it is proposed that those conditions which relate to the specification and structure of vehicles (e.g. the requirement for wheelchair accessible vehicles) would take effect in relation to vehicles when first licensed, and that existing licensed vehicles would benefit from 'grandfather rightsin this regard. However, if the condition in relation to six monthly testing were to be introduced, it is proposed that this condition would apply to all vehicles over seven years old from the date of implementation.

The Committee further resolved to approve, subject to consultation, a set of hackney carriage vehicle test guidelines. It is proposed that the vehicle test guidelines, available via the link below, will be used by each of the Council’s approved test centres when inspecting Hackney Carriage Vehicles. It is suggested that the adoption of test guidelines will be of assistance to vehicle proprietors by ensuring that the standards which the Council expects Hackney Carriage Vehicles to meet are clear.

Consultees are asked to provide any views in relation to the proposed vehicle test guidelines.

Copies of the existing Hackney Carriage Vehicle conditions and the report to the Licensing Committee are available via the links below.

Responses must be submitted in writing either by post to the Licensing Section, Westfields, Middlewich Road, Sandbach, Cheshire CW11 1HZ or by e-mail marked “Hackney Carriage Vehicle Conditions” to licensing@cheshireeast.gov.uk

Please note that the deadline by which all responses should be submitted is 3rd January 2012. Although every effort will be made to take any late responses into account, this cannot be guaranteed.

Consultation – Private Hire Vehicle Conditions and Vehicle Test Guidelines

On 12th October 2011 the Council launched a consultation exercise in relation to a proposed amendment to one of the private hire vehicle conditions and a set of vehicle test guidelines in relation to private hire vehicles.

At its meeting on 12 September 2011, the Licensing Committee resolved, subject to consultation, to delete the contents of condition 2.7 of the private hire vehicle conditions (in relation to tinted windows) and replace it with a condition stating “All glazing shall comply with the Road Vehicles (Construction and Use) Regulations 1986 (as amended).” The effect of this amendment would be to remove the restrictions relating to the level of light transmission in windows to the rear of the ‘B pillar.’ The requirements of the Road Vehicles (Construction and Use) Regulations 1986 would still apply, namely that there must be a minimum of 75% light transmission in windscreens and 70% in windows to the front of the ‘B pillar.’

Consultees are asked to provide any views in relation to the proposed amendment of Private Hire Vehicle condition 2.7, as set out above.

The Committee further resolved to approve, subject to consultation, a set of private hire vehicle test guidelines. It is proposed that the vehicle test guidelines, available via the link below, will be used by each of the Council’s approved test centres when inspecting Private Hire Vehicles. It is suggested that the adoption of test guidelines will be of assistance to vehicle proprietors by ensuring that the standards which the Council expects Private Hire Vehicles to meet are clear.

Consultees are asked to provide any views in relation to the proposed vehicle test guidelines.

A copy of the existing Private Hire Vehicle conditions and the report to the Licensing Committee are available via the links below.

Responses must be submitted in writing either by post to the Licensing Section, Westfields, Middlewich Road, Sandbach, Cheshire CW11 1HZ or by e-mail marked “Private Hire Vehicle Conditions” to licensing@cheshireeast.gov.uk

Please note that the deadline by which all responses should be submitted is 3rd January 2012. Although every effort will be made to take any late responses into account, this cannot be guaranteed.

Hackney Carriage Stands

NOTICE is hereby given that, pursuant to section 63 of the Local Government (Miscellaneous Provisions) Act 1976, Cheshire East Borough Council proposes to:

  1. revoke the twenty-four hour hackney carriage stand adjacent to numbers 7 to 19 Alderley Road, Wilmslow and simultaneously appoint (a) a hackney carriage stand adjacent to numbers 21 to 29 Alderley Road, Wilmslow (to be operational between the hours of 21.00 and 06.00) and (b) a hackney carriage stand adjacent to numbers 1 to 3 Alderley Road, Wilmslow (to be operational between the hours of 06.00 and 21.00);
  2. revoke the twenty-four hour hackney carriage stand on the south side of Water Lane, Wilmslow and simultaneously appoint a hackney carriage stand adjacent to numbers 46 to 52 Water Lane, Wilmslow (to be operational between the hours of 18.30 and 06.00);
  3. appoint a hackney carriage stand for one vehicle immediately adjacent to the existing hackney carriage stand on Exchange Close, Macclesfield (to be operational on a twenty-four hour basis);
  4. to appoint a hackney carriage stand for five vehicles on Exchange Close, Macclesfield (to be operational on a twenty-four hour basis);
  5. to appoint a hackney carriage stand for two vehicles at Pickford Street Macclesfield (to be operational on a twenty-four hour basis)

Any person wishing to object or make representations in relation to the proposals must do so in writing by no later than 2nd June 2011. Objections and representations must be sent to the Licensing Section, Westfields, Middlewich Road, Sandbach, Cheshire CW11 1HZ or by e-mail to licensing1@cheshireeast.gov.uk.

A copy of this notice, together with plans illustrating the proposals, will be deposited at the following locations during the consultation period and will be open for public inspection (without payment) during normal office hours: (i) Customer Centre, Town Hall, Market Place, Macclesfield; (ii) Reception, Westfields, Middlewich Road, Sandbach. The notice and plans may also be viewed on the Council’s website www.cheshireeast.gov.uk

If no objections or representations in relation to the proposed appointments are received by 2nd June 2011, or if all such objections are withdrawn, the appointments shall be operative on the date of expiration of the consultation period (i.e. 3rd June 2011).

Dated: 4th May 2011. Caroline Elwood, Interim Borough Solicitor.

Sexual Entertainment Venues

Schedule 3, Local Government (Miscellaneous Provisions) Act 1982

NOTICE is hereby given, in accordance with section 2 of the Local Government (Miscellaneous Provisions) Act 1982 (‘the 1982 Act’), that on 24th February 2011 Cheshire East Borough Council (‘the Council’) resolved that the provisions of Schedule 3 of the1982 Act, as amended by section 27 of the Policing and Crime Act 2009, be adopted and shall apply within the Borough of Cheshire East (‘the Borough’) with effect from 4th April 2011.

The provisions of Schedule 3 of the 1982 Act relate to the licensing of sex establishments. The effect of the resolution will be to provide the Council with additional powers to regulate ‘sexual entertainment venues’ and, subject to the exemptions within Schedule 3, to require premises which provides ‘relevant entertainment’ (as defined within the 1982 Act) to be licensed.  The resolution will come into force within the Borough on 4th April 2011, to be known as the ‘first appointed day,’ which marks the start of a twelve month transitional period. Applications for sexual entertainment venue licences may be made by new and existing operators from the first appointed day onwards. All applications received within six months of the first appointed day will be considered together at the conclusion of that six month period (‘the second appointed day’). Applications made after the second appointed day shall be considered when they are made, but only once all applications made on or before that date have been determined.

Further information in relation to the licensing of sexual entertainment venues is available on Cheshire East Council’s website or by contacting the Licensing Section, Westfields, Middlewich Road, Sandbach, Cheshire, CW11 1HZ.

Caroline Elwood
Interim Borough Solicitor   Dated: 2nd March 2011

Contacts

Licensing
0300 123 5015
licensing@cheshireeast.gov.uk

Cheshire East Council  Telephone: 0300 123 55 00
Westfields, Middlewich Road, Sandbach, CW11 1HZ
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