Agenda and draft minutes

Licensing Hearing Panel - Tuesday, 6th October, 2020 1.00 pm

Venue: Microsoft Teams

Contact: Andrea Tominson 

Note: Virtual Meeting 

Items
No. Item

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.

2.

APPLICATION FOR A PREMISES LICENCE TO BE GRANTED UNDER THE LICENSING ACT 2003 IN RESPECT OF EAT NEW YORK, 24 BURY NEW ROAD, PRESTWICH, M25 0LD pdf icon PDF 451 KB

Report from the Executive Director (Operations) is attached

Application Form attached

Operating Schedule attached

Dispersal Policy attached

Smoking and al fresco dining policy attached

Plan attached

Police representation attached

 

 

Additional documents:

Minutes:

The applicant for the licence in respect of the above premises is New York Limited, 82 The Greenhouse, MediaCityUK, Salford, M50 2EQ.  Mr Jonathan Malcom David Leathley, 55 Clifton Road, Prestwich, M25 3HG is 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 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 operating schedule shows the following:

 

a.       Supply of alcohol – For consumption On/Off the Premises.

Monday to Sunday08.00 until 01.00

b.       Provision of Live Music (Indoors)

          Monday to Sunday 08.00 until 01.00

c.       Provision of Late Night Refreshment (Indoors)

          Monday to Sunday          23.00 until 01.30

d.       Opening Times.

Monday to Sunday07.00 until 01.30

 

It was reported that since the application had been submitted the applicant, Mr Leathley and his legal representative, Ms Ingram had contacted local residents and PC Greg Scott to discuss the application and following this the operating schedule and the attached conditions had been reviewed and updated;

 

The updated operating schedule was reported as showing the following:

 

a.       Supply of alcohol – For consumption On/Off the Premises.

Monday to Sunday12.00 until 01.00

b.       Provision of Late Night Refreshment (Indoors)

          Monday to Sunday          23.00 until 01.30

c.       Opening Times.

Monday to Sunday10.00 until 01.30

 

The Panel heard oral representations from Ms Rebecca Ingram, the solicitor representing the Applicant. She confirmed that agreement had been reached as stated by GMP. Ms Ingram reported that one condition that the Police had requested was in relation to the number of people on site at the premises at any one time – including staff as being 20. Ms Ingram had requested that this be increased to 25 and PC Scott had agreed to this increase.

 

Ms Ingram explained that Mr Leathley, the applicant had asked that his apologies be expressed to the local residents in relation to the initial application and the concerns and worries that it had raised. Mr Leathley had never intended for the premises to be used as a bar or late night drinking establishment and had included the live music part of the application in error.

 

It was explained that the premises would be mainly a takeaway with delivery service and with the option to purchase alcohol to drink while awaiting an order or to be delivered with a takeaway.

 

Ms Ingram referred to the objections that had been raised by local residents relating to anti-semitic abuse, anti-social behaviour and dispersal times and the protection of children. It was explained that Mr Leathley would not tolerate any  ...  view the full minutes text for item 2.