Agenda and minutes

Licensing Hearing Panel
Wednesday, 24th August, 2016 1.30 pm

Venue: Council Chamber - Town Hall. View directions

Contact: Andrea Tomlinson 

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:

There were no declarations of interest made at the meeting.

2.

AN APPLICATION FROM AN INTERESTED PARTY FOR A REVIEW OF THE PREMISES LICENCE UNDER THE LICENSING ACT 2003 IN RESPECT OF ALT HOUSE, 1 - 3 MOSS LANE pdf icon PDF 103 KB

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

Minutes:

Prior to the Hearing, the licensing authorityreceived an application pursuant to section 51 of the Licensing Act 2003, from Mrs Hannah Brookes, a local resident, for a review of the Premises Licence in respect of Alt House, 1-3 Moss Lane, Whitefield, Manchester.

 

Prior to hearing the application, the Panel heard oral representations from Mr Gilmore, barrister representing Mrs Warrender an associate of Mr Kersch, the representative of license holder of Alt House, Alt House Limited. Although it was noted that Mrs Warrender was not a party to the proceedings before the Panel, all of those present confirmed they had no objection to the Panel hearing from her representative. These set out the basis of a request for the Licensing Hearings Panel to adjourn the hearing as the Premises Licence Holder and those involved in managing the licensed premises, were not sufficiently prepared to deal with the review, had no legal representation and had been unable to secure any despite approaching 2 firms of solicitors.  

 

Mr Gilmore explained that the request to adjourn was not only in the interest of the Premises Licence Holder but also in the wider public interest. If the Hearing were to go ahead the outcome would likely be appealed which would then have a negative financial impact on all parties. All other parties were asked to comment upon the application. Mrs Brookes and the other members of the public present asked the Panel to note their objection to an adjournment as the matter had been ongoing for over two months, they were ready and prepared and it was felt likely whatever the outcome, there may be an appeal. GMP through their representative Mr Stott, stated they were neutral on the matter.

 

The Panel adjourned to discuss the request.

 

The Panel received legal advice from the Council Solicitor as to the requirements of the relevant legislation and on their return reported that the request for an adjournment and had been refused and the hearing would continue. The Panel was satisfied that the balance of public interest was in favour of proceeding as a number of people had attended and come prepared. Mr Kersch, the representative of license holder of Alt House, Alt House Limited was offered a small amount of time to consider his case, but this was refused.

 

The representative for GMP, Mr Stott, then addressed the Panel and stated that GMP wished to withdraw its representation to the application with immediate effect.

 

The Panel adjourned to discuss the request.

 

The Panel received legal advice from the Legal Officer as to the requirements of the relevant legislation and on their return reported that the request was noted, that the evidence submitted by GMP would be entirely disregarded by the Panel and the representatives from GMP were advised they could be released.

 

              The application was outlined in the report presented to members of the Panel by the Deputy Licensing Officer.

 

The application for a review of the licence was received within the appropriate period and complied  ...  view the full minutes text for item 2.