Agenda and draft minutes

Apologies for absence were submitted by Councillor I. Rizvi, C. Smith (Head of Public Protection) and 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.

The Minutes of the last Licensing Hearing Sub Committee meeting held at 10.00am on Monday the 25^th November 2024 are attached.

The minutes of the last Licensing Hearing Sub Committee meeting held at 10.00am on the 25^th November 2024 were attached to the agenda.

Resolved:- That the minutes of the Licensing Hearing Sub Committee held at 10.00am on the 25^th November 2024 be approved as a correct record.

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

The Licensing Authority received an application for a variation of the Premises Licence to be granted under the Licensing Act 2003 in respect of Village News, 477 Bury New Road, Prestwich, M25 1AD.

The applicant for the licence is Venu Mandadapu, 40 Alfa Way, Great Sankey, Warrington, Cheshire, WA5 3YY and he is also the proposed Designated Premises Supervisor (DPS).

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 Where representations are made and not withdrawn Members are required to determine them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 variation of a Premises Licence under Part 3 of the Licensing

Act 2003.

Opening Times:

Monday to Sunday – 00:01 till 00:00 (24 hours)

Supply of Alcohol (off the premises only):

Monday to Sunday– 00:01 till 00:00 (24 hours)

Alcohol sold from 23.00 to 06.00 will be via a night       hatch with no access to inside the premises.

The conditions contained in the operating schedule submitted by the applicant were contained at Appendix 1 in the agenda packs.

The Public Health Service and Greater Manchester Police in their capacity as a Responsible Authority had made representations against this application. They would both  make those representations at the hearing. The representations were attached at Appendix 2 in the agenda packs.

Two representations had been received from interested parties in respect of this application.

These 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 of circumstances that may arise and, as long as

licensing authorities have properly understood this Guidance,  ...  view the full minutes text for item 4.