Issue - meetings

A report from the Assistant Director (Planning, Environmental and Regulatory Services) is attached

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 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 Applicant.

The Panel heard oral representation from Greater Manchester Police.

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

The Panel heard oral representation from the objectors.

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

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 oral and written representations from the  neighbours and Greater Manchester Police  and found there was evidence to support their concerns regarding crime and disorder, anti social behaviour, increased noise nuisance, 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  October 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.

FINDINGS

The following facts were found:

1. Greater Manchester Police referred to three incidents that had occurred at the premises which had been of a violent nature, one of which had involved Mr Howarth It was noted that following the incidents of 2 May and 25 April 2015 no calls had been made to Police from staff at the pub. On both occasions attempts were made by staff to clean the scene thus impeding the police enquiry. It was also noted that the applicant Director , Mr Howarth had been named as the perpetrator of the assault dated January 2014 and that the CCTV at the premises  was said not to be working at the time in question thus impeding the police enquiry. It was also noted that “R” – the previous licence  ...  view the full minutes text for item 2

A report from the Assistant Director (Planning, Environmental and Regulatory Services) is attached

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.

A report from the Assistant Director (Planning, Environmental and Regulatory Services) is attached

Prior to the Hearing, the licensing authorityreceived an application pursuant to section 51 of the Licensing Act 2003, from Mr Leeming, a local resident, for a review of the Premises Licence in respect of Montecristo, 271 Bury New Road, Whitefield, Manchester.

              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 submission from the licence holder for Montecristo was received on 11 August 2015 and was circulated by email to the Panel members. A hard copy of the submission was provided to members prior to the hearing.

The Panel heard oral representations from the Applicant (Mr Leeming), the Licence Holder’s representative (Ms Faud) and the licence holder (Mr Miller). The Panel also heard from local resident Mr Greenhalgh who had made a representation in advance of the hearing and had contributed to a petition submitted by Mr Leeming.

The Panel also heard representations from GMP (PC Andrew Hayes and PC Clare Watson) and Bury Council Trading Standards officers (Tony Bunn and Neil Lonsdale).

The Applicant was invited to explain the reasons for his application and the Panel asked questions of the Applicant.

All parties were offered the opportunity to question the Applicant and vice versa.

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 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:

1. The additional conditions circulated at the hearing by the Licence Holder had been agreed with the Police.

2. The Applicant had complied with all  ...  view the full minutes text for item 2