Agenda and minutes

Apologies for absence were submitted from B. Thomson, Head of Public Protection at Bury Council.

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.

The Minutes of the last Licensing Hearing Sub Committee meeting held at

10.00am on the 28th September 2023 are attached.

The minutes of the last Licensing Hearing Sub Committee meeting held at 10.00am on the 28^th September 2023 were attached to the agenda.

Resolved:- That the minutes of the Licensing Hearing Sub Committees held at 10.00am on the 28^th September 2023 be approved as a correct record.

A report from the Executive Director (Operations) is attached:-

The Licensing Authority received an application under section 37 of the Licensing Act 2003, from Club Sixty Six Limited, to vary the Premises Licence held by them, in respect of Club 66, 24 Silver Street, Bury, to specify a change of Designated Premises Supervisor (DPS). Greater Manchester Police in their capacity as ‘A Responsible Authority’ had made a representation in respect of the application. 

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 grant the application

·      To refuse the application

Attention was drawn to background papers which included:

The application form

Representations received

The Licensing Unit Manager reported the Licensing Act 2003 and the Licensing Act 2003 (Hearings) regulations is the relevant legislation.

The Panel would make a decision at the hearing and the parties will be notified subsequently of the decision and the reasons for it by letter from the Licensing Office.

Under the provisions of section 37(5) of the Act, where the chief officer of police notified of an application to specify an individual as a DPS, is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective, he must give the relevant Licensing Authority a notice stating the reasons he is so satisfied.

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

On the application form it had been requested that the application to have immediate effect under section 38 of the Act which allows the premises to continue to sell alcohol until such time that this application is determined or withdrawn.

Members were reminded that consideration was given to a review of the premises licence submitted by Greater Manchester Police on the 13^th June 2023 and members resolved to revoke the premises licence and to remove the designated premises supervisor. An appeal to the Magistrates Court had been lodged against the decision, no date as yet had been given for this, therefore the premises can continue to trade in the meantime.

Paragraph 4.3 of the Guidance issued under Section 182 of the Licensing

Act 2003, states: - Any premises at which alcohol is sold or supplied

where the requirement for a personal licence holder does apply may

employ one or more such licence holders. For example, there may be

one owner or senior manager and several junior managers holding a

personal licence. However, the requirement that every sale of alcohol

must at least be authorised by a personal licence holder does not mean

that the licence holder has to be present on the premises or oversee

each sale; it is sufficient that such sales are authorised.

The application from Club Sixty Six Limited names Mr Alikhalil Abadi of

32 Horne Street, Bury, BL9 9BW as the new DPS. It was confirmed that

Mr A. Abadi is the holder of a Personal Licence  ...  view the full minutes text for item 4.