Agenda and minutes

Licensing Hearing Panel
Thursday, 27th September, 2018 1.00 pm

Venue: Irwell Room, Town Hall, Bury

Contact: Nicole Tilly, Democratic Services 

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.

APPLICATION FOR THE VARIATION OF A PREMISES LICENCE UNDER THE LICENSING ACT 2003, IN RESPECT OF WHICH A REPRESENTATION HAS BEEN MADE BY A RESPONSIBLE AUTHORITY pdf icon PDF 2 MB

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

Minutes:

Prior to the Hearing the Authority received an Application to vary a Premises Licence under section 34 of the Licensing Act 2003 in relation to Crowded House, 626 Manchester Road, Bury, BL9 9SU in respect of which a representation has been received from a Responsible Authority.

 

The Application was as detailed in the report which was presented to the Members of the Panel by the Licensing Unit Manager, which explained that a Premises Licence in respect of this premises has been in force since 2 April 2015. The Premises Licence Holder is Boxed Limited of which the registered address is 626 Manchester Road, Bury, BL9 9SU and Mrs Johanne Banks of Helmshore, has been the appointed Designated Premises Supervisor (DPS) since the grant of the Licence.

 

The Application was for a variation of the current Premises Licence under Part 3 of the Licensing Act 2003 for the purpose of removing two conditions from the operating schedule which were proposed by Greater Manchester Police in their capacity as Responsible Authority at the grant of the licence and were agreed by the Applicant at the time.

 

The conditions which the Applicant wished to remove are:

 

3/ Customers will be prevented from leaving the interior of the premises with alcoholic drinks in glasses or bottles.

4/ Tables and chairs and any other outdoor furniture located outside the premises, must be removed and stored away in a safe area not accessible to the public each evening, no later than 1900 hrs.

 

The Applicant had complied with all the necessary procedural requirements laid down by the Act.

 

Representations in respect of the application were received within the appropriate period from the Licensing Authority in its capacity as a Responsible Authority.

 

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 representation from Mr Banks, the representative of Boxed Limited, the Premises Licence Holder.

 

The Panel asked questions of Mr Banks and all parties were offered the opportunity to question the representative.

 

The Panel heard oral representations from the Licensing Enforcement Officer.

 

The Panel asked questions of the Officer and all parties were offered the opportunity to question the representative. 

 

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:

 

a)   the prevention of crime and disorder

b)   public safety

c)   the prevention of public nuisance

d)   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  ...  view the full minutes text for item 2.