Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Prior to the Hearing the authority received an application submitted for a transfer of a Premises Licence under section 42 of the Licensing Act 2003, in respect of Best One, 99 Chesham Fold Road Bury BL9 6JZ.
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 and the report were 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 witnesses from Trading Standards and the Licensing Department at Bury Council.
The Panel asked questions of the representatives of Greater Manchester Police and their witnesses. All parties were offered the opportunity to questions those representatives.
The Panel heard oral representations from the Applicant’s solicitor, Mr. Horne.
The Panel asked questions of the Applicant’s representative. 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 2018
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.
The following facts were found:
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.
The evidence was considered with care and following the evidence of all parties, having understood the application and equally understanding the representations made, the Panel therefore considered it reasonable, balanced, appropriate and proportionate, based on all of the evidence, the Applicant being an appropriate body/person to promote the Crime and Disorder Objective of the Licensing Act 2003, To Allow the Application for the Transfer of a Premises Licence as set out in the report.
Publication date: 07/08/2019
Date of decision: 26/04/2018
Decided at meeting: 26/04/2018 - Licensing Hearing Panel