Agenda and minutes

Virtual Meeting, Licensing Hearing Sub Committee - Tuesday, 25th June, 2024 1.00 pm

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Contact: Michael Cunliffe  Democratic Services

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Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

Apologies were submitted by M. Bridge (Licensing Unit Manager) and C. Smith, (Head of Public Protection).

 

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 submitted although one Member of the Committee placed on record that they were a Councillor in the ward the premises was located within.

 

3.

AN APPLICATION FROM GREATER MANCHESTER POLICE FOR A SUMMARY REVIEW OF THE PREMISES LICENCE IN RESPECT OF SKY BAR, UNIT 4, KAY GARDENS, BURY, BL9 0BL pdf icon PDF 632 KB

A 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 licensed premises, Sky Bar, Unit 4, Kay Gardens, Bury, BL9 0BL. This was 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 are associated with serious crime and serious disorder.

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 Officer, Ms L. Jones.

 

The options available were to consider whether to impose interim steps, which are as follows:-

 

·         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.

Attention was drawn to background papers which included:

Current Premises Licence

Section 53A application, Certificate and supporting evidence

Bury Council’s Licensing Policy

Guidance issued under Section 182 of the Licensing Act 2003

Licensing Act (Hearings) Regulations 2005

 

On the 24th June 2024, Greater Manchester Police submitted an application to the Licensing Authority for a Summary Review in respect of the Sky Bar, Unit 4, Kay Gardens, Bury, BL9 0BL, because they believed that the premises was associated with Serious Crime and/or Disorder. The Licensing Authority must consider whether interim steps are required pending a full summary review hearing.

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 will be 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.

 

Under section 53C of the Licensing Act 2003, the licensing authority must hold a

full review of the premises licence and determine the review within 28 days after

the day of receipt of the application

 

Following the review under section 53C, the licensing authority must then review

any interim steps in place and determine whether it is appropriate for the promotion

of the licensing objectives for the steps to remain in place, or if they should be

modified or withdrawn.

 

The premises licence in respect of Sky Bar has been held by Sky Bar (Bury) Ltd since

the 9th December 2019.  Michael Wood and Kieley Neill are Directors of the limited

company. Michael Wood is also the Designated Premises Supervisor and has

been since the 21st September 2021.

 

The Licensing Act 2003 (as amended by the Violent Crime Reduction Act 2006)

and the Licensing Act (Hearings Regulations) is the relevant legislation.

 

Within 48  ...  view the full minutes text for item 3.