Agenda and minutes

Licensing Hearing Panel
Tuesday, 10th May, 2016 1.30 pm

Venue: Council Chamber - Town Hall. View directions

Contact: Julie Gallagher  Principal Democratic Services Officer

Items
No. Item

1.

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.

 

2.

An Application from Greater Manchester Police for a Review of the Premises Licence Under the Licensing Act 2003 in Respect of PICS, 30 - 32 Market Street, Bury, BL9 0AJ pdf icon PDF 85 KB

A report from the Assistant Director (Planning, Environmental and Regulatory Services) is attached.

Minutes:

              Prior to the Hearing, the Licensing Authority receivedan application pursuant to section 51 of the Licensing Act 2003 from Greater Manchester Police (GMP), for a review of the Premises Licence in respect of Pics Bar at 30-32 Market Street, Bury.

 

              The hearing of the application had previously been set for 29th April 2016, but was adjourned at the request of the Premises Licence Holder.

 

              The application for review was outlined in the report presented to members of the Panel by the Licensing Unit Manager.

 

              Written representations and statements in relation to the application from GMP were submitted to the Panel.  

 

All documentary evidence had been served on all parties in advance of the Hearing. 

 

The Panel heard oral representations from Greater Manchester Police (GMP) through their solicitor Mr Kent. During those representations, an application was made to move into private session pursuant to regulation 14 of the Licensing Act 2003 (Hearing) Regulations 2005. This was on the basis that the CCTV footage to be presented may identify individuals which in turn may harm the progress of the police investigation into certain events that took place at the premises and any subsequent trial of the perpetrators.

 

Upon consideration of the application, the Panel passed a resolution excluding members of the public (save for the Applicant and the 4 members of the public who had made relevant representations) from part of the hearing under regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005, on the basis that the public interest in doing so outweighed the public interest in the hearing taking place in public, in view of the information to be discussed.

 

CCTV footage was then played. All parties were given an opportunity to comment.

 

Once the footage had been viewed, the hearing returned to public session.

 

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

 

The Panel then heard oral representations from Mr G. Clarke, Mr M. Clarke and Ms. E. Hastie who had all made relevant representations.

 

The Panel asked questions of the representors, and all parties were offered the opportunity to question of them.

 

The Premises Licence Holder through their representative Mr Douglas made oral representations.

 

The Panel asked questions of the Premises Licence Holder’s representatives and all parties were offered the opportunity to question them.

 

All parties were offered the opportunity to sum up their case.

 

The Members of the Panel were advised by the Legal Officer on the issues raised by both parties in relation to the relevant licensing objectors being crime and disorder as well as public safety, that a criminal conviction was not required to satisfy these objectives, that incidents outside the premises could be taken into account if connected with the premises and that the standard of proof for the Panel was on a balance of probability.

 

The Panel then duly retired to consider the application and all of the information provided.

 

The Members of the Panel were advised by  ...  view the full minutes text for item 2.