Venue: Meeting Room A - Town Hall. View directions
Contact: Andrea Tomlinson
Declarations of Interest
No declarations of interest were made in relation to any items considered at the meeting.
Prior to the Hearing the authority received an application submitted for a transfer of Premises Licence under section 42 of the Licensing Act 2003, in respect of Jason’s Mini Market, 36 Albion Street, Radcliffe, M26 1BH.
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 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 representatives of Greater Manchester Police and their witnesses from Trading Standards and the Commercial Premises Team at Bury Council.
In addition the Panel watched footage from a ‘bodycam’ worn by representatives of Greater Manchester Police.
The Panel asked questions of the representatives of Greater Manchester Police and their witnesses. All parties were offered the opportunity to questions those representatives.
The Panel heard oral representation from Mr Arshad, the representative of Gone Local Ltd, the Applicant/transferee.
The Panel asked questions of the Applicant’s representative. All parties were offered the opportunity to question the applicant.
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 April 2017
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.
The following facts were found:
The Panel noted that although an application to vary was also made by Mr Arshad on behalf of Gone Local Limited, in view of the decision to refuse the Application for a transfer of the Premises Licence, this could no longer be pursued, as only the Premises Licence Holder is entitled under the Licensing Act 2003 to make such an application. However, for the avoidance of doubt, the Panel decided that it would not in any event have allowed the variation, for the same reasons it had refused the application for transfer, namely that there were causes for concern in relation to the Applicant and its representative Mr Arshad being an appropriate body/person to promote the Crime and Disorder Objective of the Licensing Act 2003.