Agenda and minutes

Licensing Hearing Panel
Wednesday, 14th June, 2017 1.00 pm

Venue: Council Chamber - Bury Town Hall

Items
No. Item

1.

DECLARATION OF INTEREST

Members of the Licensing Hearings Panel 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.

APPLICATION FOR A PREMISES LICENCE TO BE GRANTED UNDER THE LICENSING ACT 2003 IN RESPECT OF 449 A BURY NEW ROAD PRESTWICH pdf icon PDF 887 KB

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

Minutes:

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 449A Bury New Road, Prestwich M25 1AF.

 

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 four Interested Parties.

 

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’s representative Mr. Gee.

 

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

 

The Panel heard oral representation from Mrs Joanne Levy, who had raised objections.

 

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

 

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 Applicant had complied with all necessary procedural requirements laid down by the Licensing Act 2003 including giving public notice within the required timescales

 

  • Volunteered conditions from the applicant appended to the report, following dialogue with Greater Manchester Police had been agreed

 

  • The Responsible Authorities were satisfied with the application subject to the conditions submitted

 

  • A noise assessment survey was conducted by the Applicant on the 9th May 2017 which concluded that the sound insulation performance is expected to be greater and suitable for the proposed activities

 

  • There was no outdoor seating therefore noise from conversations would be minimal