Agenda and minutes

No declarations of interest were made in relation to any items considered at the meeting.

The Panel met to consider an application to vary a Premises Licence under section 34 of the Licensing Act 2003 in respect of the Pack Horse Inn, 52 Watling Street, Affetside, Bury, BL8 3QW of which representations have been made.

All written representations were contained within the report to Panel.                             

Documentary evidence comprising the application, the report provided with the agenda and representations were served on all parties in advance of the hearing. Additional documentation was produced by the Applicant at the hearing and all present agreed to its submission.

Written representations in respect of the application had been received from 4 local residents and from a ward Councillor and in attendance at the meeting were 2 local residents and the ward Councillor, Yvonne Wright.

Mr Jonathan Smith (Poppleston Allen Solicitors) presented the case on behalf of Hyde’s Brewery Ltd, along with Mr Chris Hopkins, Managing Director, and Mr Bob Brooks, Operations Manager of Hyde’s Brewery, and Mr Lee Birchall from DV8 Designs.

The application was as detailed in the report which was presented to the Members of the Panel by the Licensing Manager.

The Panel then heard oral representations from Mr Smith and the representatives from Hydes Brewery Ltd.

The Panel asked questions of the Applicant’s representatives.

The Panel then heard from local residents and Councillor Wright.

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 October 2012

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 licensed premises have operated as a public house for a number of years.

2.   The proposed alterations to the internal layout at the premises will result in an extension to the kitchen area, the removal of an exit to the car park, the creation of an additional lobby at  ...  view the full minutes text for item 644.