Agenda and draft minutes

Licensing Hearing Panel
Tuesday, 14th January, 2020 10.00 am

Venue: Council Chamber - Town Hall. View directions

Contact: Andrea Tomlinson 0161 253 5133 Email: a.j.tomlinson@bury.gov.uk 

Items
No. Item

LHP.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.

LHP.2

APPLICATION FOR THE VARIATION OF A PREMISES LICENCE UNDER THE LICENSING ACT 2003 IN RESPECT OF DOOTIES, 297 & 299 HOLLINS LANE BURY. pdf icon PDF 127 KB

Report attached

Additional documents:

Minutes:

The work carried out within 299 Hollins Lane had included the installation of a new ceiling, the change of location of a refrigeration unit and the addition of tiles. The sound system that had been installed was a domestic system with the volume set so that it could not be increased. The music was played at an ambient level to allow conversation and decibel testing had been undertaken by the owner which showed that the noise levels were equivalent to levels of normal conversation.

 

Mr Greenwood reported that the opening hours had been reduced over the previous 12 months to allow the owners more family time and that in 2019 there had only been 18 occasions when the restaurant had been open up to 11.00pm.

 

The Panel asked questions of the Applicant and the objectors present also asked questions.

 

The objectors present were given the opportunity to submit their objections to the Panel. The following concerns were raised:

 

  • Noise disturbance to residents above the premises by loud music.

 

  • Noise disturbance outside the premises from patrons smoking and drinking at the entrance to the premises.

 

  • Residents were disturbed until early morning after due to an event at the premises on New Years’ Eve 2018, a quiz night and a prom night event.

 

  • One of the objectors works shifts so sleeps during the day time and is regularly disturbed by noise, particularly from a grand piano.

 

  • The objectors residents have lived in the flats for a number of years and do not want to move but are concerned that their quality of life is being affected.

 

  • There are issues with overflowing bins at the back of the property and not being emptied regularly and not being locked and glass bottles are put in with general waste.

 

The Panel asked questions and the Applicant was given an opportunity to ask questions.

 

Those present were given the opportunity to sum up.

 

The Panel then duly retired to consider the application and all of the information provided.

 

The Members of the Panel were advised by the Legal Officer as to their duties under Section 4 of the Licensing Act 2003 to at all times consider the promotion of the Licensing Objectives, these being:

 

1)   the prevention of crime and disorder

2)   public safety

3)   the prevention of public nuisance

4)   the protection of children from harm

 

The Members were also advised of their duties in carrying out those functions in relation to:

 

1)   the Council’s published Statement of Licensing Policy

2)   the Guidance issued by the Secretary of State as contained in section 182 of the Licensing Act 2003, which was updated in April 2018.

 

In addition Members were advised to give appropriate weight to the steps that are appropriate to promote the licensing objectives and the representations presented by all parties.

 

The Panel also had regard to the European Convention on Human Rights and in particular that everyone has the right to peaceful enjoyment of his possessions, respect for his private and family life,  ...  view the full minutes text for item LHP.2