Agenda and draft minutes

Apologies for absence were submitted by B. Thomson (Assistant Director of Public Protection & Resilience) and A. Bucior (Public Protection).

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 10.30am on the 3^rd December 2025 are attached.

The minutes of the last Licensing Hearing Sub Committee meeting held at 10.30am on Wednesday the 3^rd December 2025 was attached to the agenda.

Resolved:- That the minutes of the Licensing Hearing Sub Committee held at 10.30am on the 3^rd December 2025 be approved as a correct record.

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

The Licensing Authority received an application under section 37 of the Licensing Act 2003, from 365 Management Solutions Limited, 5 Trafalgar Court, Widnes, WA8 0SZ to vary the Premises Licence held by them, in respect of Towler Inn, 460 Walmersley Road, Bury, BL9 6QE. This was 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.

In making a decision, the steps the Sub-Committee can take are:-

•           To grant the application

•           To refuse the application and remove the DPS

The Licensing Unit Manager presented the report and 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 Licensing Act 2003 and the Licensing Act 2003 (Hearings) Regulations are the relevant legislation.

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 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of the Act which allows the premises to continue to sell alcohol until such time that this application is determined or withdrawn.

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.

Paragraph 4.69 of the Guidance issued under Section 182 of the Licensing Act 2003, states:-

The police may object to the designation of a new DPS where, in exceptional

circumstances, they believe that the appointment would undermine the crime

prevention objective. The police can object where, for example, a DPS is first

specified in relation to particular premises and the specification of that DPS in

relation to the particular premises gives rise to exceptional concerns. For example, where a personal licence holder has been allowed by the courts to retain their licence despite convictions for selling alcohol to children (a relevant offence) and then transfers into premises known for underage drinking.

Paragraph 4.70 of the Guidance issued under Section 182 of the Licensing Act 2003, states:-

Where the police do object, the licensing authority must arrange for a hearing at which the issue can be considered and both parties can put forward their arguments. The 2003  ...  view the full minutes text for item 4.