Agenda and draft minutes

Virtual Meeting, Licensing Hearing Sub Committee - Monday, 25th November, 2024 10.00 am

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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 

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

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

 

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 made.

 

3.

MINUTES OF THE LAST MEETING(S) pdf icon PDF 211 KB

The Minutes of the last Licensing Hearing Sub Committee meetings held at 1.30pm and 3.00pm on Monday the 5th August 2024 are attached.

 

Additional documents:

Minutes:

The minutes of the last Licensing Hearing Sub Committee meetings held at 1.30pm on the 5th August 2024 and 3.00pm on the 5th August 2024 were attached to the agenda.

 

Resolved:- That the minutes of the Licensing Hearing Sub Committee held at 1.30pm on the 5th August 2024 and 3.00pm on the 5th August 2024 be approved as a correct record.

 

4.

APPLICATION FOR A PREMISES LICENCE TO BE GRANTED UNDER THE LICENSING ACT 2003 IN RESPECT OF KRAKOW GROCERY, 20 PARKHILLS ROAD, BURY, BL9 9AX pdf icon PDF 945 KB

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

 

Minutes:

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

under the Licensing Act 2003 in respect of Krakow Grocery, 20 Parkhills Road, Bury, BL9 9AX.

 

The applicant for the licence is Krakow Grocery 1 Limited, 20 Parkhills Road, Bury, BL9 9AX and the proposed Designated Premises Supervisor (DPS), in respect of the above premises, is Mr Dana Saeedi, Flat 20 Parkhills Road, Bury BL9 9AX. 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 – 09:00 till 23:00

 

Supply of Alcohol (off the premises only):

Monday to Sunday– 09:00 till 23:00

 

The conditions contained in the operating schedule submitted by the applicant were contained at Appendix 1 in the agenda packs.

 

The Licensing Authority in its capacity as a Responsible Authority had made representations against this application. The Licensing Authority would make those representations at the hearing. The representation was attached 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.

 

One representation had been received from Greater Manchester Police 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 4 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 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  ...  view the full minutes text for item 4.