Agenda and minutes

Licensing Hearing Panel
Tuesday, 4th October, 2016 1.30 pm

Venue: Meeting Rooms A & B - Town Hall. View directions

Contact: Andrea Tomlinson 0161 253 5133 Email: a.j.tomlinson@bury.gov.uk 

Items
No. Item

1.

DECLARATIONS OF INTEREST

Members of the Audit Committee are asked to consider whether they have an interest in any of the 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 A RESPONSIBLE AUTHORITY FOR A REVIEW OF THE PREMISES LICENCE UNDER THE LICENSING ACT 2003 IN RESPECT OF 193 ROCHDALE ROAD BURY pdf icon PDF 77 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 Bury Trading Standards Weights and Measures Service, for a review of the Premises Licence in respect of 193 Rochdale Road, Bury.

 

              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 Panel heard oral representations from the Applicant for the Review (Miss Halligan – Bury Council Trading Standards), the Licence Holder’s representative (Mr Ahmed) and the previous licence holder and Designated Premises Supervisor (Mr Alyas). The Panel heard no other representations.

 

The Applicant for the Review was invited to explain the reasons for the 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:

 

  1. On 2 separate occasions, as a result of Trading Standards visits, non duty paid and counterfeit tobacco was found concealed on the premises. On balance the Panel found that despite Mr Alyas’s assertion that they were for personal use, the differing brands and types of product and the proximity to the tills where they were located suggested the shop was selling counterfeit or non duty paid tobacco.

 

  1. A test purchase of a first class stamp was carried out on 24 February 2016, which proved to be counterfeit. Despite Mr Alyas’s explanation that  ...  view the full minutes text for item 2.