Agenda and draft minutes

Apologies for absence were submitted from B Thomson- Assistant Director of Operations Strategy.

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.

There were no declarations of interest made.

A report from the Executive Director (Operations) is attached:-

The Licensing Authority received an application for a Premises Licence to be granted under the Licensing Act 2003 in respect of Hareram Bury, 40 Holly Street, Tottington, Bury, BL8 3EZ.

The applicant for the licence is Hareram Bury Ltd, 40 Holly Street, Tottington, BL8 3EZ and the proposed Designated Premises Supervisor (DPS), in respect of the above premises, is Mr Kishan Vinubhai Malaviya, 449A Kingston Road, Epsom, Surrey, KT19 0DB.

The Applicant had complied with all the necessary procedural requirements laid down by the Act.

The Licensing Unit Manager presented the report and as part of the statutory process the Responsible Authorities and interested parties are entitled to make representations in relation to the grant of a licence. Where representations are made and not withdrawn Members are required to determine them

Representations must be relevant to the licensing objectives defined within the

Act.

The objectives are:-

•           the prevention of crime and disorder

•           public safety

•           prevention of public nuisance and

•           protection of children from harm

The application is for the grant of a Premises Licence under Part 3 of the

Licensing Act 2003 which was attached at Appendix 1 in the agenda packs.

Opening Times:

Monday to Sunday – 07:00 till 22:00

Supply of Alcohol (Off the premises only):

Monday to Sunday – 07:00 till 22:00

The conditions contained in the operating schedule submitted by the applicant were contained at Appendix 2 in the agenda packs.

One representation from two interested parties has been received. The

representation related to the following issues:-

·         Potential increase of traffic (issues with parking for residents).

·         Primary School opposite/nearby 

·         There is no place for their customers to stop on the residential street

·         Potential increase in noise from deliveries, car doors.

·         Potential increase of anti-social behaviour/gangs

·         Potential increase of litter/rubbish

·         There is already a store/garage nearby (Spar) approx 250 metres away that sells alcohol.

The part redacted representations were attached at Appendix 3 in the agenda packs.

After hearing the representations made and the evidence presented, Members are obliged to determine the application with a view to promoting the licensing objectives and having regard to the Authority’s Licensing Policy and National Guidance.

The Secretary of State’s Guidance to the Licensing Act 2003 is provided to

licensing authorities in relation to the carrying out of their functions under the

2003 Act. It also provides information to magistrates’ courts hearing appeals

against licensing decisions and has been made widely available for the benefit

of those who run licensed premises, their legal advisers and the general

public. It is a key medium for promoting best practice, ensuring consistent

application of licensing powers across England and Wales and for promoting

fairness, equal treatment and proportionality.

Section 4 of the 2003 Act provides that, in carrying out its functions, a

licensing authority must ‘have regard to’ guidance issued by the Secretary of

State under section 182. The Guidance is therefore binding on all licensing authorities to that extent. However, the Guidance cannot anticipate every

possible scenario or set  ...  view the full minutes text for item 3.