Decision details

Prior to the Hearing the authority received an application submitted for a transfer of Premises Licence under section 42 of the Licensing Act 2003, in respect of Polka, 20 Parkhills Road, Bury.

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

Representations in respect of the application were received within the appropriate period from Greater Manchester Police.

All written representations were contained within the written submissions provided in the report 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 representatives of Greater Manchester Police and their witness from Trading Standards at Bury Council.

The Panel asked questions of the representatives of Greater Manchester Police and their witness. All parties were offered the opportunity to questions those representatives.

The Panel heard oral representation from Mr Omid, the Applicant/transferee.

The Panel asked questions of the Applicant. All parties were offered the opportunity to question the applicant.

All parties were offered the opportunity to sum up their case.

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

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 April 2017

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.

The Panel also had regard to the European Convention on Human Rights and in particular that everyone has the right to peaceful enjoyment of his possessions, respect for his private and family life, his home and his correspondence. A fair balance between competing interests must be considered.

              FINDINGS

The following facts were found:

• The Applicant is the owner of the business being run at the premises and has been for 4 years.
• The Applicant has a number of previous convictions one of which resulted in the Applicant receiving a custodial sentence.
• The convictions and sentences were of a serious nature.
• The offences were of a similar nature, indicating that the Applicant was a repeat offender.
• The offences demonstrated a lack of regard for the law, court process and court orders.
• A large amount of illicit tobacco products had been discovered in the business premises for which the Applicant has responsibility.
• The Applicant showed no sense of remorse or recognition of the seriousness of the offences.
• The Applicant did not accept any responsibility for the offences committed or the illicit tobacco found in the premises.
• The Applicant knew or should have known about the illicit cigarettes, as they were found in an area of the premises where other activities associated with the business were being undertaken.
• The Applicant had a personal licence which appeared to have been issued by Leeds City Council, for which the Applicant had paid a friend to obtain via his address in Leeds and which had therefore been obtained contrary to the Licensing Act 2003.

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 of all parties, having understood the application and equally understanding the representations made, on balance the Panel found there were causes for concern in relation to the applicant being an appropriate person to promote the Crime and Disorder Objective of the Licensing Act 2003.

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