Agenda and draft minutes

Virtual Meeting, Licensing Hearing Sub Committee - Tuesday, 2nd July, 2024 1.00 pm

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Contact: Michael Cunliffe  Democratic Services

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Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

No apologies for absence were submitted.

 

2.

DECLARATIONS OF INTEREST

Members of the Licensing Hearing Sub Committee are asked to consider whether they have an interest in any matter on the agenda, and, if so, to formally declare that interest.

Minutes:

There were no declarations of interest made.

 

3.

MINUTES OF THE LAST MEETING(S) pdf icon PDF 353 KB

The Minutes of the last Licensing Hearing Sub Committee meetings held at 10.00am on the 11th April 2024, 1.00pm on the 17th April 2024 and 1.30pm on the 19th April 2024 are attached.

 

Additional documents:

Minutes:

The minutes of the last Licensing Hearing Sub Committee meetings held at 10.00am on the 11th April, 1.00pm on the 17th April 2024 and 1.30pm on the 19th April 2024 were attached to the agenda.

 

Resolved:- That the minutes of the Licensing Hearing Sub Committee held at 10.00am on the 11th April, 1.00pm on the 17th April 2024 and 1.30pm on the 19th April 2024 be approved as a correct record.

 

4.

APPLICATION FOR A PREMISES LICENCE TO BE GRANTED UNDER THE LICENSING ACT 2003 IN RESPECT OF WINDSOR LOCAL, 89 WINDSOR ROAD, PRESTWICH, M25 0DE pdf icon PDF 2 MB

A report from the Executive Director (Operations) is attached:-

Minutes:

The Licensing Authority received an application for a Premises Licence to be granted under the Licensing Act 2003 in respect of Windsor Local, 89 Windsor Road, Prestwich, M25 0DE.

 

The applicant for the licence is Sahiba Trading Limited, 56 Windsor Road, Prestwich, M25 0DE and since publication of the report within the agenda pack Mr  R Bhatia  will be the Designated Premises Supervisor (DPS), in respect of the above premises.

 

The Applicant had complied with all the necessary procedural requirements laid down by the Act.

 

The Licensing Unit Manager presented the report and as part of the statutory process the Responsible Authorities and interested parties are entitled to make representations in relation to the grant of a licence. Where representations are made and not withdrawn Members are required to determine them

 

Representations must be relevant to the licensing objectives defined within the

Act. The objectives are:-

 

           the prevention of crime and disorder

           public safety

           prevention of public nuisance and

           protection of children from harm

 

The application is for the grant of a Premises Licence under Part 3 of the

Licensing Act 2003 which was attached at Appendix 1 in the agenda packs.

The Licensing Unit Manager commented that the incorrect premises had been

listed on the title page of appendix 1 but the report was correct.

 

Opening Times:

Monday to Sunday – 07:00 till 22:00

 

Supply of Alcohol (off the premises):

Monday to Sunday– 07:00 till 22:00

 

The conditions contained in the operating schedule submitted by the applicant were contained at Appendix 2 in the agenda packs.

 

Three relevant representations from interested parties had been made against this application and none of the representors would be in attendance.

The representations were attached at Appendix 3 in the agenda packs and a summary is detailed below:-

 

·         Located on residential street

·         Increase in public nuisance & anti-social behaviour

·         Litter

·         Noise outside

·         Light pollution

·         Crime and disorder

·         Public safety and disturbance

 

After hearing the representations made and the evidence presented, Members are obliged to determine the application with a view to promoting the licensing objectives and having regard to the Authority’s Licensing Policy and National Guidance.

 

The Secretary of State’s Guidance to the Licensing Act 2003 is provided to licensing authorities in relation to the carrying out of their functions under the 2003 Act. It also provides information to magistrates’ courts hearing appeals against licensing decisions and has been made widely available for the benefit of those who run licensed premises, their legal advisers and the general public. It is a key medium for promoting best practice, ensuring consistent

application of licensing powers across England and Wales and for promoting fairness, equal treatment and proportionality.

 

Section 4 of the 2003 Act provides that, in carrying out its functions, a licensing authority must ‘have regard to’ guidance issued by the Secretary of State under section 182. The Guidance is therefore binding on all licensing authorities to that extent. However, the Guidance cannot anticipate every possible scenario or set of circumstances  ...  view the full minutes text for item 4.