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.

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

The Licensing Authority received an application for a Premises Licence to be granted under the Licensing Act 2003 in respect of Thani Whitefield, 190-194 Bury New Road, Whitefield, M45 6QF.

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

•To grant the application in the terms requested

•To grant the application subject to conditions

•To amend or modify existing or proposed conditions

•To refuse the application

The Licensing Unit Manager presented the report and explained the applicant for the licence is Thani Whitefield Limited, 190-194 Bury New Road, Whitefield, M45 6QF. Ms Suyin Ma, 1 Loughton Avenue, Worsley, Salford M28 1GJ is the proposed Designated Premises Supervisor (DPS).

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.

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 Where representations are made and not withdrawn Members are required to determine them.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 was for the grant of a Premises Licence under Part 3 of the Licensing Act 2003 with the requested operating hours detailed in the report attached in the agenda packs.

Attention was made that the Live Music Act permits Live Music and Recorded Music at a licensed Premises between the hours of 8.00am to 23.00 hours for up to 500 people.

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

One representation has been received from an interested party and this was attached at Appendix 2 in the agenda packs. The Licensing Unit Manager informed Members that this person had confirmed they would not be attending the hearing.

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 licensing authority must ‘have regard to’ guidance issued by the Secretary of State under section 182. The Guidance is therefore binding on all  ...  view the full minutes text for item 3.