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 the Variation of a Premises Licence under the Licensing Act 2003 in respect of Rawas Indian Street Food, 453 Bury new Road, Prestwich, M25 1AF.

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

•To grant the variation in the terms requested

•To grant the variation subject to amendments

•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 MSD10 Limited, 382 Kinsgway, Manchester, M19 1PL and at the time of writing this report there was no Designated Premises Supervisor (DPS) in place.

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 Where representations are made and not withdrawn Members are required to determine them.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 variation of a Premises Licence under Part 3 of the Licensing Act 2003 with the current hours and proposed variations detailed in the report attached in the agenda packs. The Licensing Unit Manager stated the proposed new hours should state closure at midnight and not 11.00pm as stated in the report.

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.

There were no changes to the conditions on the Operating Schedule which was attached at Appendix 1 in the agenda packs.

Two representations had been received from interested parties and this was attached at Appendix 2 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 licensing authority must ‘have regard to’ guidance issued by the Secretary of State under section 182. The Guidance is therefore binding  ...  view the full minutes text for item 3.