Contact: Michael Cunliffe Democratic Services
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 at Bury Council. Mr Shah, the Premises Licence Holder was not in attendance.
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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.
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MINUTES OF THE LAST MEETINGS PDF 250 KB The Minutes of the last Licensing Hearing Sub Committee meetings held at 9.30am on the 26th April 2023 and 1.00pm on the 27th April 2023 are attached. Additional documents: Minutes:
Resolved:- That the minutes of the Licensing Hearing Sub Committees held at 9.30am on the 26th of April 2023 and 1.00pm on the 27th of April 2023 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 by the Chief Constable of Greater Manchester Police in respect of the licence premises the Topshop, 20 Hurst Street, Bury, BL9 7ER for a Summary Review of the Premises Licence and for interim steps to be taken in advance of that review in accordance with Sections 53A to 53C of the Licensing Act. The reason for the application is because the police believe that the premises is associated with serious crime.
The nature of the application and consideration of options was detailed in the report which was presented to the Members of the Sub-Committee by the Licensing Unit Manager, Mr M. Bridge.
The options available were:
· To modify the conditions of the licence · To exclude the retail sale of alcohol from the licence · To remove the Designated Premises Supervisor from the licence · To suspend the licence for a period not exceeding 3 months · To revoke the licence
Following the review under section 53C, Members of the Licensing Hearings Sub-Committee must also review the interim steps that were currently in place and determine whether it was appropriate for the promotion of the licensing objectives for the steps to remain in place, or if they should be modified or withdrawn. Attention was drawn to background papers which included:- Current Premises Licence Section 53A application, Certificate and supporting evidence Licensing and Safety Panel Report (interim steps hearing) – 26 April 2023 Licensing and Safety Panel Minutes (interim steps hearing) –26 April 2023
On the 24th of April 2023, Greater Manchester Police submitted an application to the Licensing Authority for a Summary Review in respect of Top Shop, 20 Hurst Street, Bury, BL9 7ER because they believe that the premises are associated with Serious Crime.
Summary reviews can be undertaken when the police consider that the premises concerned are associated with serious crime or serious disorder (or both). The summary review process allows interim conditions to be quickly attached to a licence and a fast-track licence review.
A 10 working-day public consultation exercise had been undertaken in accordance with Licensing Act 2003 regulations; requiring the application to be advertised by the displaying of a blue notice at or on the premises and details of the application published on the Council’s website.
Within 48 hours of receiving a summary review application, under s53B of the Licensing Act 2003 the licensing authority must consider whether it is necessary to take interim steps pending the review of the licence for the promotion of the licensing objectives.
On the 26th of April 2023, a Licensing Hearings Sub Committee interim steps hearing was held, following receipt of the Summary Review application from Greater Manchester Police, Members of the Licensing and Safety Panel considered whether interim measures should be taken in respect of the Premises Licence for the purpose of promoting the Licensing Objectives.
The Sub-Committee resolved that in order to promote the said licensing objectives, it was necessary to impose interim steps and that it must suspend the premises licence immediately ... view the full minutes text for item 4. |