Agenda and minutes

Licensing Hearing Panel
Wednesday, 5th September, 2018 1.00 pm

Venue: Lancaster Room, Elizabethan Suite entrance, Town Hall, Bury

Contact: Nicole Tilly 

Items
No. Item

1.

DECLARATIONS 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.

AN APPLICATION FROM AN INTERESTED PARTY FOR A REVIEW OF THE PREMISES LICENCE UNDER THE LICENSING ACT 2003 IN RESPECT OF THE SIR ROBERT PEEL, 97 SUNNY BANK RD, BURY, BL9 8ES pdf icon PDF 144 KB

A report by the Assistant Director (Legal and Democratic Services) is attached.

Additional documents:

Minutes:

The Licensing Unit Manager presented a report submitted by the Assistant Director (Legal and Democratic Services). The application was as detailed in the report.

 

Representations in respect of the application were received within the appropriate period.

 

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 and a representor who is a resident of Sunny Bank Road, Bury and his neighbour.

 

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

 

The Panel heard further representations from GMP’s Licensing Officer PC Caulfield.

 

The Panel heard representations from the Premises Licence Holder’s Solicitor. The Panel and all parties were offered the opportunity to question the Premises Licence Holder and his representative.

 

Both 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 2018

 

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:

 

 

  • The Premises Licence in respect of the Sir Robert Peel is held by Mr Steven Elliot  and Kirsty Maher(the PLH’s), As at the date of the Panel hearing, Mr Steven Elliot is the Designated Premises Supervisor.
  • Prior to the date of the Panel hearing was Ms Kirsty Maher.

 

  • During the period from September 2015 there have been incidents connected with the licensed premises affecting neighbouring residents, including the following:-

1.            Noise nuisance

2.           Patrons sitting outside the premises on the outside seating area till late

3.            Taxis revving engines and beeping their horns

4.            Anti-social behaviour with police involvement

5.            Emptying of bottles into the bins after midnight

6.            Patrons urinating outside the premises 

 

  • On 21 December 2017 there was noise and anti-social behaviour emanating from the premise.