Agenda and minutes
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DECLARATIONS OF INTEREST Members of the Licensing Hearings Panel are asked to consider whether they have an interest in any matters on the agenda and, if so, to formally declare that interest. Minutes: No declarations of interest were made in relation to any items considered at the meeting.
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A report from the Assistant Director (Planning, Environmental and Regulatory Services) is attached Minutes: Prior to the Hearing, the licensing authorityreceived an application pursuant to section 51 of the Licensing Act 2003, from Mr Leeming, a local resident, for a review of the Premises Licence in respect of Montecristo, 271 Bury New Road, Whitefield, Manchester.
The application was outlined in the report presented to members of the Panel by the Licensing Manager.
The application for a review of the licence was received within the appropriate period and complied with the procedural requirements within the Licensing Act 2003.
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 submission from the licence holder for Montecristo was received on 11 August 2015 and was circulated by email to the Panel members. A hard copy of the submission was provided to members prior to the hearing.
The Panel heard oral representations from the Applicant (Mr Leeming), the Licence Holder’s representative (Ms Faud) and the licence holder (Mr Miller). The Panel also heard from local resident Mr Greenhalgh who had made a representation in advance of the hearing and had contributed to a petition submitted by Mr Leeming.
The Panel also heard representations from GMP (PC Andrew Hayes and PC Clare Watson) and Bury Council Trading Standards officers (Tony Bunn and Neil Lonsdale).
The Applicant was invited to explain the reasons for his application and the Panel asked questions of the Applicant.
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 June 2014
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:
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