Decision details

AN APPLICATION FOR A PREMISES LICENCE TO BE GRANTED UNDER THE LICENSING ACT 2003 IN RESPECT OF 146 TOTTINGTON ROAD, BURY, BL8 1RU

Is Key decision?: No

Is subject to call in?: No

Decisions:

Prior to the Hearing the authority received an application submitted by the Applicant. The application was for a Premises Licence under Part 3 of the Licensing Act 2003, for the supply of alcohol to the public.

 

The application was as detailed in the report which was presented to the Members of the Panel by the Deputy Licensing Officer.

 

All written representations were contained within the written submissions provided to the Panel.

 

All documentary evidence comprising the application, the report provided with the agenda and representations were served on all parties in advance of the hearing.

 

The Panel heard oral representations from the Applicant.

 

The Panel asked questions of the Applicant. All parties were offered the opportunity to question the Premises User and vice versa.

 

The Applicant was allowed the opportunity to sum up their case.

 

The Panel then duly retired to consider the application and all of the information provided.

 

The Panel considered the written representations from the petitioners but found there was no evidence to support their concerns regarding increased noise nuisance, anti social behaviour or littering

 

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:

 

1)   the prevention of crime and disorder

2)   public safety

3)   the prevention of public nuisance

4)   the protection of children from harm

 

The Members were also advised of their duties in carrying out those functions in relation to:

 

a)   the Council’s published Statement of Licensing Policy

b)   the Guidance issued by the Secretary of State as contained in section 182 of the Licensing Act 2003, which was updated in June 2013

 

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

 

 

DECISION

 

Having heard all the oral submissions and having considered all of the documentation before it, the Panel considered the merits of the case and in accordance with its duties decided as follows.

 

The evidence was considered with care and it was established that following the evidence, having understood the application and equally understanding the representations made, on balance the Panel found there were no causes for concern so far as the promotion of the four Licensing Objectives were concerned.

 

The Panel therefore considered it reasonable, balanced, appropriate and proportionate, based on all of the evidence, To Grant the Application for a Premises Licence as set out in the report.

 

 

Publication date: 16/11/2018

Date of decision: 24/08/2015

Decided at meeting: 24/08/2015 - Licensing Hearing Sub Committee

Accompanying Documents: