Agenda and minutes

Virtual meeting, Licensing Hearing Sub Committee - Friday, 19th May, 2023 10.30 am

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Contact: Michael Cunliffe  Democratic Services

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Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were submitted from B Thomson- Head of Public Protection. The applicant Mr Berisha and the Representor who did not wished to be contacted were not in attendance.

 

2.

DECLARATIONS OF INTEREST

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.

Minutes:

There were no declarations of interest made.

 

3.

APPLICATION FOR A PREMISES LICENCE TO BE GRANTED UNDER THE LICENSING ACT 2003 IN RESPECT OF NOVA WINE AND TAPAS, 3 & 3A RADCLIFFE NEW ROAD, WHITEFIELD, M45 7QX pdf icon PDF 766 KB

Report from the Executive Director (Operations) is attached:-

Additional documents:

Minutes:

The Licensing Authority received an application for a Premises Licence to be

granted under the Licensing Act 2003 in respect of Nova Wine and Tapas, 3

and 3a Radcliffe New Road, Whitefield, M45 7QX.

 

The applicant for the licence is EGLK Limited, 3 Radcliffe New Road,

Whitefield, M45 7QX and the proposed Designated Premises Supervisor

(DPS), in respect of the above premises, is Mr Fiden Berisha, 24 Saltney

Avenue, Manchester, M20 1DG.

 

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 Where representations are made and not withdrawn Members are required to determine them.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:

 

The operating schedule detailed the following:

 

a.            Recorded music  - Indoors

Friday to Saturday               23.00 to 01.00

 

b.            Provision of Late Night Refreshment

 

Friday to Saturday               23.00 to 01.00         

 

c.            Supply of alcohol – For consumption On the Premises.

 

Sunday to Thursday            17.00 to 23.00

Friday to Saturday               17.00 to 01.00

 

d.         Hours open to the Public

 

Sunday to Thursday            17.00 to 23:30

Friday to Saturday               17.00 to 01.30

 

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

 

Greater Manchester Police (GMP) had submitted a representation in their capacity as a Responsible Authority. The representation was contained at Appendix 2 in the agenda packs. The Licensing Service are aware that discussions had taken place between the applicant’s representative and Greater Manchester Police, and the applicant had agreed the amended wording.

 

One relevant representation from an interested party had been made against

this application. A summary of this is detailed below:-

 

·         Anti-Social Behaviour

·         Noise

·         Residential areas

·         Encourage people to stay out later into the evening.

·         Two other venues in close proximity

 

The representation was 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,  ...  view the full minutes text for item 3.