Agenda and minutes

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.

There were no declarations of interest made at the meeting.

Report from the Executive Director (Operations) is attached

Application and Plan attached

Appendix 2 (2 Docs) is attached

The applicant for the licence in respect of the above premises is Mr Lijo Thomas, 13 Evesham Walk, Middleton, M24 1PW. Mr Thomas is also the proposed Designated Premises Supervisor (DPS).

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

The operating schedule shows the following:

Supply of alcohol – For consumption Off the Premises only.

Monday to Sunday 07.00 until 23.00

Opening Times.

Monday to Sunday 07.00 until 23.00

Mr Rushton, the applicant’s solicitor reported that the applicant was a well-respected member of the public with a lot of experience of running a business. Mr Thomas had experience of selling alcohol and had previously been a DPS of another premises, he was committed to make the business a success and had confirmed the lease on the premises for 5 years.

Mrs Buurdaki, representor explained that there would be two off licences in a small row of 6 shops. She also stated that her concerns were that the premises being granted a licence:

• Will cause disruption
• Anti-social behaviour of patrons

Mrs Buurdaki had raised concerns in relation to the Post Office on the site but was happy to withdraw these concerns as she was now aware that Mr Thomas had no involvement with the Post Office.

The Licensing Authority had received 73 individual letters in support of the application. Michael Bridge informed the Panel that 10 of the letters should be disregarded as residents were either not known at the address stated, had not signed the letters or were withdrawing their support.

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 applicant had been a DPS of other premises.

GM Police had raised no concerns in relation to the application.

Need is not an issue that the Panel should consider so the fact that there is already a premises selling alcohol on the parade is  ...  view the full minutes text for item LHP.2