Agenda and minutes

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.

There were no declarations of interest made at the meeting.

A report by the Assistant Director (Localities) is attached.

Prior to the Hearing the authority received an application submitted for a Premises Licence under Part 3 of the Licensing Act 2003, for the supply of alcohol to the public in relation to Ethane Convenience Store, 19 Bolton Road, Bury, BL9 0EY.

The application was as detailed in the report which 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 a number of local businesses and from Greater Manchester Police.

All written representations were contained within the written submissions provided in the report to the Panel.

All documentary evidence comprising the application, the 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 Mr Yohannes.

The Panel asked questions of the Applicant. All parties were offered the opportunity to question the Applicant.

The Panel heard oral representation from Greater Manchester Police.

The Panel asked questions of the Police. All parties were offered the opportunity to question the Police.

The Panel heard oral representations from Ms Beckett Murray and Mr Aslam who had raised objections.

The Panel asked questions of the objectors. All parties were offered the opportunity to question the objectors.

All parties were offered 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   March 2015

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 proposed licensed premises are located in the town centre of Bury, next to a takeaway and close to other businesses in particular a number of other licensed premises.

2.    There is only one other licensed premise with the town centre of Bury licensed for the supply of alcohol for the consumption off the premises. This licensed premise sells fine wines and craft beers, and has shorter opening hours. The other premises  ...  view the full minutes text for item LHP.2