Issue - meetings

A report by the Assistant Director (Legal and Democratic Services) is attached.

Prior to the Hearing, the Licensing Authorityreceived an application pursuant to section 51 of the Licensing Act 2003, from a Responsible Authority, namely the Licensing Authority, for a review of the Premises Licence in respect of 29 Chesham Road Bury, BL9 6LY.

              The application was outlined in the report presented to members of the Panel by the Licensing Manager.

The application for a review of the licence was received within the appropriate period and complied with the procedural requirements within the Licensing Act 2003.

All written representations were contained within the report to Panel.

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

The representative of the Applicant for the Review was invited to explain the reasons for the application and she explained the concerns as to promotion of the licensing objectives namely the prevention of crime and disorder and the protection of children from harm. These related to the findings of underage sales of alcohol and cigarettes, sales of illicit tobacco, the breach of licensing conditions and in particular additional conditions attached to the licence resulting from a previous review.

The Panel heard further oral representations from the representative of the Weights and Measures Authority and GM Police.

The Panel asked questions of the Applicant and the other representatives and all parties were offered the opportunity to question the Applicant.

The Licence Holder’s representative and the Licence Holder made oral representations and explained that there had been a number of issues with anti-social behaviour outside the premises and difficulties with staff who had since been sacked. He explained that he was not always resent at the premises and had since arranged for his wife and other members of staff to become personal licence holders.

The Panel asked questions of the Licence Holder and all parties were offered the opportunity to question him.

The Panel heard no other representations.

All parties were allowed the opportunity to sum up their respective cases.

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 June 2014

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  ...  view the full minutes text for item 2