Agenda and draft minutes

Licensing Hearing Panel
Thursday, 25th April, 2019 1.00 pm

Venue: Learning Hub - Town Hall

Contact: Andrea Tomlinson 

Items
No. Item

LHP.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.

 

LHP.2

AN APPLICATION FROM AN RESPONSIBLE AUTHORITY FOR A REVIEW OF THE PREMISES LICENCE UNDER THE LICENSING ACT 2003 IN RESPECT OF KILLON STREET OFF LICENCE, 26 PRICE STREET, BURY, BL9 7EB pdf icon PDF 1 MB

Report attached

Minutes:

Prior to the Hearing, the Licensing Authorityreceived an application pursuant to section 51 of the Licensing Act 2003, from a Responsible Authority, namely the Weights and Measures Authority, for a review of the Premises Licence in respect of Killon Street Off Licence, 26 Price Street, Bury, BL9 7EB.

 

              The application was outlined in the report presented to members of the Panel by the Licensing Manager, who explained that at the time of the submission of the review application on 6 December 2018, the Premises Licence in respect of Killon Street Off Licence, was held by Mr Raja Naveed Aijaz, who was also the Designated Premises Supervisor (DPS).

 

               On 19 December 2018, the Licensing Authority received an application to transfer the Premises licence with immediate effect into the name of Mr Waqas Mahmood.  On the same day, an application to vary the DPS with immediate effect was received to make Mr Mahmood the DPS.

 

               The Licensing Authority did not receive any representations during the representation period in respect of the application to transfer the Premises licence or the application to vary the DPS from Greater Manchester Police (GMP).  Therefore the Premises licence has been transferred and the DPS varied into the name of Mr Mahmood.

 

              

 

               The Licensing Manager went on to explain that the Licensing Authority and Greater Manchester Police, as Responsible Authorities, had made representations in relation to the application by the Weights and Measures Authority. Further, prior to the hearing, Mr Mahmood the current Premises Licence Holder had entered discussions with the said Applicant and Responsible Authorities regarding the licence, previous issues at the premises and the possibility of further licence conditions being considered.

 

               However, Mr Mahmood had been unable to obtain all of the requested documentation and therefore all parties asked the Panel to consider adjourning the matter to enable this to be provided to the Panel.

 

Mr Mahmood has since provided the information and confirmed before the Panel that he accepted there had been issues associated with the premises that undermined the licensing objectives as set out in the review application. He further confirmed his agreement to the licence being varied to incorporate the conditions proposed by the Applicant.

 

               Delegated decision:    

 

All of the evidence was considered with care and it was established that having understood the request for review and equally understanding the representations made, including the agreement reached by the Premises Licence Holder, the Applicant and the Responsible Authorities as to the concerns regarding promotion of the licensing objectives associated with the premises and in addition there being agreement as to proposed additional licence conditions, the Panel was satisfied that there were causes for concern so far as the promotion of the following Licensing Objectives were concerned:

 

·         The Prevention of Public Nuisance

·         the Prevention of Crime and Disorder

·         the Protection of Children from Harm

The Panel was further satisfied that in all of the circumstances, in order to deal with those concerns it considered it reasonable, balanced, appropriate and proportionate, based on  ...  view the full minutes text for item LHP.2