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
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APOLOGIES FOR ABSENCE Minutes: Apologies for absence were submitted from B. Thomson Head of Public Protection.
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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.
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MINUTES OF THE LAST MEETING(S) PDF 253 KB The Minutes of the last Licensing Hearing Sub Committee meetings held at 10.00am and 1.00pm on the 10th August 2021 are attached. Additional documents: Minutes: The minutes of the last Licensing Hearing Panel held virtually at 10.00am and 1.00pm on the 10th August were attached to the agenda.
Resolved:- That the minutes of the Licensing Hearing Sub Committeeheld virtually at 10.00am and 1.00pm on the 10th August 2021 be approved as a correct record.
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Report from the Executive Director (Operations) is attached:- Additional documents: Minutes: The Licensing Authority received an application for a premises licence for Fuel Up Bury, 155 Manchester Road, BL9 0TD from Mr Benjamin Degisi of 34 Scholes Walk, Prestwich, M25 0AZ, who was also the proposed Designated Premises Supervisor (DPS) under Part 3 of the Licensing Act 2003 (the Act).
The Applicant has complied with all the necessary procedural requirements laid down by the Act.
Representations were received within the appropriate period by the Licensing Authority from a Responsible Authority, namely Greater Manchester Police (GMP) and a another interested party.
All written representations were contained within the written submissions provided in the report to the Sub Committee.
All documentary evidence provided with the agenda pack comprising the application, the report and representations were served on all parties in advance of the hearing.
Extra information circulated prior to the meeting after publication of the agenda pack included:-
· A statement from Mr Degisi, the Applicant. · 7 statements of support from members of the public which had been emailed to the Licensing Department.
The proposed operating schedule showed the following:
a. Supply of alcohol – For consumption on the Premises. Monday to Thursday 12:00 to 22:00 Friday to Saturday 12:00 to 23:00 Sunday 12:00 to 22:00
b. Hours open to the Public
Monday to Thursday 08:00 to 22:00 Friday to Saturday 08:00 to 23:00 Sunday 10:00 to 22:00
It was noted that the report should have stated for consumption ‘on’ the Premises and not ‘off’.
The Licensing Unit Manager presented a report that explained that GMP had had made representations in relation to the Premises Licence application requesting that the Sub-Committee do not grant the application as submitted. However, it was stated that since that time, mediation between GMP and the Applicant had taken place and agreement reached as to the replacement of the majority of the operating schedule with the new conditions attached in Appendix 1 of the report. This was confirmed by the Applicants.
Appendix 2 of the report contained information in relation to the other interested party who had made a representation regarding this application. Mr Degisi and Ms Toni Genovese provided the sub-committee with background information about the business that the reason for the application was with the aim of creating a bistro and not a bar to provide a family environment. Information was provided about parking arrangements in the local area. The Licensing Unit Manager reported that parking was not a matter to take into consideration for licensing matters. The Applicant was questioned as to his awareness of the Challenge 25 scheme and the associated conditions. The Applicant confirmed his awareness of this and the proposal to implement it.
The Sub-committee then duly retired to consider the application.
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:
a) the prevention of crime and disorder b) public safety ... view the full minutes text for item 4. |