Agenda and minutes

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

A report from the Assistant Director Designate (Localities) is attached.

Prior to the Hearing the authority received an application for a Premises Licence under the Licensing Act 2003 in respect of Solita, 401 Bury New Road and Church Lane, Prestwich.

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

Representations in respect of the application were received within the appropriate period from a number of local residents.

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 save for copies of a summary of a meeting held with residents along with subsequent email responses for which no objection was raised as to their inclusion and consideration.

The Panel heard oral representations from the Applicant Mr Pogson and his representative Mr Lyons.

The Panel heard no other representations.

The Panel asked questions of the Applicant and his representative.

The Applicant, through his representative, 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 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. Conditions appended to the report, from the Police, had been agreed with the Applicant.

2. The Applicant had complied with all necessary procedural requirements laid down by the Licensing Act 2003 including giving public notice within the required timescales.

3. The Applicant is the owner of two other restaurants under the same name sited in Manchester City Centre and Didsbury.

4. Part of the premises currently benefits from an inherited licence which will be surrendered if a new licence is granted.

5. A meeting with resident objectors, the Applicant and his representative had been held on 7^th May 2015.

6. The meeting referred to in (5) above had served to satisfy a number of concerns initially raised by residents, particularly as a  ...  view the full minutes text for item 2.