Agenda and minutes

Apologies for absence were submitted by M. Bridge (Licensing Unit Manager).

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 (Corporate Core) is attached:-

The Licensing Authority received an application for a Premises Licence to be granted under the Licensing Act 2003 in respect of Prestwich Store, 3 Fairfax Road, Prestwich, M25 1AS.

The applicant for the licence is Access Pay Limited, 10 Bridge Street Warrington, WA1 2QW. Mr Ezekiel Peters, 1 Yewdale Drive, Middleton M24 4FS is the proposed Designated Premises Supervisor (DPS).

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

The Deputy Licensing Unit Officer 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 Where representations are made and not withdrawn Members are required to determine them.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.

Opening Times:

Monday to Saturday            08.00 till 00.00 (Midnight)

Sunday                                  09.00 to 23.00

Supply of Alcohol (off the premises only):

Monday to Saturday            08.00 till 23.30

Sunday                                  09.00 to 22.30

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

Two representations had been received from interested parties and both Greater Manchester Police and Trading Standards had been invited to make their representations at the hearing. The representations were attached at Appendix 2 and 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, they may depart from it if they have good reason to do so and can provide full reasons.

Departure from the Guidance could give rise to an appeal or judicial review, and the reasons given will then be a key consideration  ...  view the full minutes text for item 3.