Agenda and minutes

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

Prior to the Hearing the authority received an application submitted by the Applicant. The application was for a variation of a Premises Licence under Part 3 of the Licensing Act 2003 to extend the hours for the retail sale of alcohol and add the provision of late night refreshment to the licence.

A report was presented to the Members of the Panel by the Licensing Unit Manager.  Representations in respect of the application were received within the appropriate period from 2 ward Councillors, namely, Councillors Daly and Gunther.

The Licensing Manger reported that a representation from Greater Manchester Police (GMP) had been withdrawn prior to the Hearing as a result of discussions with the premises licence holder. GMP had agreed to withdraw the representation subject to the following condition being attached to the licence:

“That the entrance door to the shop will be closed to customers between 24.00 and 06.00.Any sales between these hours will be made through a night pay window”.

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 Panel heard oral representations from the Applicant’s legal representative, Mr Robert Botkai, and from the Area Manager of premises licence holder Rontec Watford Limited, Mr Peter McClean.

The Panel then heard representations from Councillor Daly and Councillor Gunther in their capacity as local Ward Councillors.

The Panel heard no other representations.

The Panel asked questions of the Licensing Unit Manager, the Applicant and Ward Councillors.

All parties were offered the opportunity to question the Licensing Unit Manager, the Applicant and vice versa.

The Applicant and Ward Councillor’s were given 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 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.

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

1.              That the premises  ...  view the full minutes text for item 832.