Agenda and draft minutes

Virtual Meeting, Licensing Hearing Sub Committee - Wednesday, 17th July, 2024 1.30 pm

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Contact: Michael Cunliffe  Democratic Services

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Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were submitted by Councillors E. Moss, I. Rizvi and  C. Smith (Head of Public Protection).

 

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 270 KB

The Minutes of the last Licensing Hearing Sub Committee meetings held at 1.00pm on the 25th June 2024 and at 1.00pm on the 2nd  July 2024 are attached.

Additional documents:

Minutes:

The minutes of the last Licensing Hearing Sub Committee meetings held at 1.00pm on the 25th June and 1.00pm on the 2nd July 2024 were attached to the agenda.

 

Resolved:- That the minutes of the Licensing Hearing Sub Committee held at 1.00pm on the 25th June and 1.00pm on the 2nd July 2024 be approved as a correct record.

 

4.

APPLICATION FOR A PREMISES LICENCE TO BE GRANTED UNDER THE LICENSING ACT 2003 IN RESPECT OF MOONBEAM COFFEE HOUSE, 82 BURY OLD ROAD, WHITEFIELD, PRESTWICH, M45 6TQ 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 Moonbeam Coffee House, 82 Bury Old Road, Whitefield, Prestwich, M45 6TQ.

 

The applicant for the licence is Whitefield Brunch Club Limited, 239 Bury New Road,

Whitefield, M45 8QP and the proposed Designated Premises Supervisor (DPS), in

respect of the above premises, is Mr Aaron Cummins, 41 Ringley Drive, Whitefield,

M45 7LA. The application was attached at Appendix 1 in the agenda pack.

 

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 Where representations are made and not withdrawn Members are required to determine them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.

 

Opening Times:

Monday to Sunday – 08:00 till 00:00

 

Supply of Alcohol (On and off the premises):

Monday to Sunday– 09:00 till 23:30

 

Recorded Music (On and off the premises

Monday to Sunday– 08:00 till 23:30

 

Members were reminded to note the Live Music Act 2012, recorded music and live music is permitted at licensed premises between the hours of 08.00 to 23.00 with an audience of up to 500 people without it having to be permitted on the premises licence. Therefore, if members were minded to grant the premise licence the hours for recorded music will be 23.00 to 23.30.

 

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

 

Six relevant representations from interested parties had been made against this

application and some of the representors were in attendance.

 

The representations were attached at Appendix 3 in the agenda packs.

Members were informed to ignore page 61 as this had been included twice by mistake.

 

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  ...  view the full minutes text for item 4.