Agenda and minutes

Virtual, Licensing Hearing Panel - Tuesday, 18th August, 2020 10.30 am

Venue: Microsoft Teams

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 matter on the agenda, and, if so, to formally declare that interest.

Minutes:

There were no declarations of interest made at the meeting.

LHP.2

MINUTES OF THE LAST MEETING pdf icon PDF 62 KB

The Minutes of the last Licensing Hearing Panel Meeting held on the 1st July 2020 were attached to the agenda.

Minutes:

Delegated decision:

 

That the Minutes of the last meeting held on 20 July 2020 be approved as a correct record and signed by the Chair.

LHP.3

APPLICATION FOR A PREMISES LICENCE TO BE GRANTED UNDER THE LICENSING ACT 2003 IN RESPECT OF TURKS SERVICE STATION, TURKS ROAD, RADCLIFFE, MANCHESTER, M26 3NW pdf icon PDF 17 MB

Report attached

Additional documents:

Minutes:

The applicant for the licence in respect of the above premises is Motor Fuel Ltd, Gladstone Place,36-38 Upper Marlborough Road, St Albans, AL1 3UU. The proposed Designated Premises Supervisor (DPS) is Syed Ahmed Iftikhar, 3 Canford Close, Great Sankey, Warrington, WA5 1TS.

 

The Solicitor for the Council explained the role of Councillor Briggs as spokesperson for local residents making objections. That she has no influence in her capacity as councillor. That she will not be a party to the decision making process. That her representations were made on behalf of residents.

 

The application is for the grant of a Premises Licence under Part 3 of the Licensing Act 2003:

 

The amended operating schedule shows the following:

 

Late Night Refreshment – Outdoors

Monday to Sunday       23.00 until 05.00

       

Supply of alcohol – For consumption Off the Premises only.

Monday to Sunday       06.00 until 23.00

 

Opening Times.

Monday to Sunday       00.00 until 24.00

 

Prior to the Hearing, Mr Botkai, Solicitor representing the applicant submitted amended conditions on behalf of the application. Mr Botkai went through the conditions and answered questions in relation to them

 

PC Scott representing GM Police confirmed that having reviewed the amended conditions the representation from Greater Manchester Police was withdrawn.

 

21 interested parties had made representations to this application:-

 

Councillor Sharon Briggs, Ward Councillor for Radcliffe North and 2 local residents were in attendance at the meeting. Councillor Paul Cropper had also submitted written representation on behalf of local residents.

 

The residents Mr Townsend and Mr Ward and Councillor Briggs raised concerns in relation to:

 

  • Noise disturbances late into the night.
  • Anti-social behaviour
  • Increased litter in the area
  • Illegal off road vehicles purchasing fuel from the station
  • People purchasing coffee and sitting on the wall on site after the pubs had closed
  • Staff training in relation to aggressive customers

 

 

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 June 2014

 

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.

 

Members of the Panel retired to make their decision.

 

Fact Finding:

 

The application had been revised to  ...  view the full minutes text for item LHP.3