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 11th October 2023 are attached.

The minutes of the last Licensing Hearing Sub Committee meeting held at 10.00am on the 11th October 2023 were attached to the agenda.

Resolved:- That the minutes of the Licensing Hearing Sub Committee held at 10.00am on the 11th October 2023 be approved as a correct record.

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

The Executive Director for Operations had submitted a report relating to an application pursuant to section 51 of the Licensing Act 2003 from a Responsible Authority for a review of the premises licence in respect of Killon Street Off Licence, 26 Price Street, Bury, BL9 7EB.

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 revoke the licence
• To suspend the licence for a period not exceeding three months
• To remove the Designated Premises Supervisor
• To exclude a licensable activity from the scope of the licence
• To modify the conditions of the licence

The Licensing Act 2003 and the Licensing Act 2003 (Hearings)                   Regulations are the relevant legislation.

The Licensing Unit Manager reminded Members about an application to review relating to this premise had previously been considered by the Licensing Hearings Panel on the 28^th February 2019, Members resolved that due to the Premises Licence holder not being able to furnish the Panel with the further documentation, it was agreed unanimously, that to ensure a fair hearing and to enable the Premises Licence Holder to fully explain and provide evidence as to his current position and in addition enable this to be fully considered by the Responsible Authorities, that in the public interest, the hearing be adjourned to a future date.

Following this adjournment, a further report was considered on the 25^th

April 2019, Members resolved:-

All of the evidence was considered with care and it was established that having understood the request for review and equally understanding the representations made, including the agreement reached by the Premises Licence Holder, the Applicant and the Responsible Authorities as to the concerns regarding promotion of the licensing objectives associated with the premises and in addition there being agreement as to proposed additional licence conditions, the Panel was satisfied that there were causes for concern so far as the promotion of the following Licensing Objectives were concerned:

·                     The Prevention of Public Nuisance

·                     the Prevention of Crime and Disorder

·                     the Protection of Children from Harm

The Panel was further satisfied that in all of the circumstances, in order to deal with those concerns it considered it reasonable, balanced, appropriate and proportionate, based on all of the evidence and the agreement reached, to modify the conditions attached to the licence, with the additions contained within the report attached to the agenda pack.

At the time of the submission of this review application on the 2^nd October 2023, the Premises Licence in respect of Killon Street Off Licence, 26 Price Street, Bury, BL9 7EB is held by Mr Syed Khurshid Hassain Shah, 13 Andrew Street, Bury, BL9 7HD. Mr Shah is also the Designated Premises Supervisor (DPS). The application for review was attached at Appendix 1 of the agenda pack along with appendices 2 to 8

The premises licence was transferred to Mr Shah on  ...  view the full minutes text for item 4.