Agenda and draft minutes

Virtual, Licensing Hearing Sub Committee - Wednesday, 14th September, 2022 3.30 pm

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Contact: Michael Cunliffe  Democratic Services

Note: To view the virtual meeting online, please email m.cunliffe@bury.gov.uk or phone 0161 2535399 who will provide you with a link to view the meeting via MS Teams or telephone you in with audio only 

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

No Apologies for absence were submitted.

 

2.

DECLARATIONS OF INTEREST

Members of the Licensing Hearing Sub Committee 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.

 

3.

MINUTES OF THE LAST MEETING(S) pdf icon PDF 341 KB

The Minutes of the last Licensing Hearing Sub Committee meetings held at 1.00 pm on the 13th June 2022 and 1.00 pm on the 21st June 2022 are attached.

Additional documents:

Minutes:

The Minutes of the last Licensing Hearing Sub Committee meetings held at 1.00 pm on the 13th June 2022 and 1.00 pm on the 21st June 2022 were attached to the agenda.

 

Resolved:- That the minutes of the Licensing Hearing Sub Committees held virtually at 1.00pm on the 13th June 2022 and 1.00pm on the 21st June 2022 be approved as a correct record.

 

4.

AN APPLICATION FROM GREATER MANCHESTER POLICE FOR A SUMMARY REVIEW OF THE PREMISES LICENCE IN RESPECT OF THE HIDDEN BAR, UNIT B, 24 SILVER STREET, BURY, BL9 0DH pdf icon PDF 1 MB

Report from the Executive Director (Operations) is attached:

Minutes:

The Licensing Authority received an application by the Chief Constable of Greater Manchester Police in respect of the licence premises Hidden Bar, Unit B, 24 Silver Street, Bury, BL9 0DH for a Summary Review of the Premises Licence and for interim steps to be taken in advance of that review in accordance with Sections 53A to 53C of the Licensing Act. The reason for the application is because the police believe that the premises are associated with serious crime and/or disorder.

 

The nature of the application and consideration of interim steps was detailed in the report which was presented to the Members of the Sub-Committee by the Licensing Unit Manager.

 

The steps available were:

  • To modify the conditions of the licence
  • To exclude the retail sale of alcohol from the licence
  • To remove the Designated Premises Supervisor from the licence

·         To suspend the licence.

Members were made aware that the cost of the licensing function was funded through the fees and charges levied by the Council.  There may be additional costs if appeals are lodged with the Magistrates and Crown Courts.

 

Attention was drawn to background papers which included:

Current Premises Licence

Section 53A application, Certificate and supporting evidence

Bury Council’s Licensing Policy

Guidance issued under Section 182 of the Licensing Act 2003

Licensing Act (Hearings) Regulations 2005

 

The Licensing Unit Manager reported that summary reviews can be undertaken when the police consider that the premises concerned are associated with serious crime or serious disorder (or both). The summary review process allows interim conditions to be quickly attached to a licence and for the review of the licence to be fast tracked

 

The premises licence in respect of Hidden Bar has been held by Hidden Bar Bury Limited since 30 September 2020.  Mr Paul Sarnoe has been the Designated Premises Supervisor since 26th May 2022 and is also a director of the company.

 

A licensing authority must carry out its functions under this Act (“licensing

functions”) with a view to promoting the licensing objectives:

 

·                     the prevention of crime and disorder

·                     public safety;

·                     the prevention of public nuisance; and

·                     the protection of children from harm.

 

In reaching a decision, regard must be had to relevant provisions of the national guidance and the Council’s licensing policy statement.

 

Appendix 1 of the report included an application for the review of a premises licence under section 53A of the Licensing Act 2003 submitted by PC Eccleston in relation to incidents in the early hours of Saturday 10th September 2022.

 

Appendix 2 of the report included the certificate under section 53A(1)(B) of the Licensing Act 2003 issued and signed by The Chief Superintendent.

 

Appendix 3 of the report included the current licence and conditions.

 

At the meeting Greater Manchester Police supplied further supporting evidence for this application by playing CCTV footage of the incidents that took place on 10th  September 2022. This footage was shared on screen for Members of the Sub-Committee to view at the hearing.

 

The Sub-Committee then heard oral  ...  view the full minutes text for item 4.