Agenda and draft minutes

Apologies for absence were submitted by C. Smith (Head of Public Protection) and B. Thomson (Assistant Director of Operations Strategy).

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.

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

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

under the Licensing Act 2003 in respect of Best Local, 62 Bolton Street Bury, BL9 0LL.

The applicant for the licence is Best Local Limited and the proposed Designated Premises Supervisor (DPS), in respect of the above premises, is Mr Kosrat Ali Faqe Mohammed, 88 Lewis Drive, Heywood, OL10 3NB. The application was attached at Appendix 1 in the agenda pack.

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 Where representations are made and not withdrawn Members are required to determine them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

Opening Times:

Monday to Sunday – 06:00 till 23:00

Supply of Alcohol (off the premises):

Monday to Sunday– 08:00 till 23:00

The conditions contained in the operating schedule submitted by the applicant were contained at Appendix 2 in the agenda packs.

One representation had been received from Trading Standards Service in their capacity as a Responsible Authority against this application. The Responsible Authority had been invited to make their representations at the hearing.

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 Licensing Unit Manager reported that extra documents had been circulated after publication of the agenda packs, these included:- Witness statements of test purchases, photographs of products purchased and confirmation of counterfeit products following examination.

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, equal treatment and proportionality.

Section 4 of the 2003 Act provides that, in carrying out its functions, a licensing authority must ‘have regard to’ guidance issued by the Secretary of State under section 182. The Guidance is therefore binding on all licensing authorities to that extent. However, the Guidance cannot anticipate every possible scenario or set of circumstances that may arise and, as long as licensing authorities have properly understood this  ...  view the full minutes text for item 3.