Agenda and minutes

Licensing Hearing Panel
Thursday, 28th February, 2019 1.00 pm

Venue: Council Chamber - Town Hall. View directions

Contact: Nicole Tilly - Democratic Services Officer 

Items
No. Item

1.

DECLARATIONS OF INTEREST

Members of the Licensing Hearings Panel are asked to consider whether they have an interest in any of the matters on the agenda and if so, to formally declare that interest.

Minutes:

No declarations of interest were made in relation to any items considered at the meeting.

 

2.

AN APPLICATION FROM A RESPONSIBLE AUTHORITY FOR A REVIEW OF THE PREMISES LICENCE UNDER THE LICENSING ACT 2003, IN RESPECT OF PREMIER OFF LICENCE, 29 CHESHAM ROAD, BURY, BL9 6LY pdf icon PDF 3 MB

A report by the Assistant Director (Legal and Democratic Services) is attached.

Minutes:

Prior to the Hearing, the Licensing Authorityreceived an application pursuant to section 51 of the Licensing Act 2003, from a Responsible Authority, namely the Licensing Authority, for a review of the Premises Licence in respect of 29 Chesham Road Bury, BL9 6LY.

 

              The application was outlined in the report presented to members of the Panel by the Licensing Manager.

 

The application for a review of the licence was received within the appropriate period and complied with the procedural requirements within the Licensing Act 2003.

 

All written representations were contained within the report to Panel.

 

All documentary evidence comprising the application, report provided with the agenda and representations were served on all parties in advance of the hearing.

 

The representative of the Applicant for the Review was invited to explain the reasons for the application and she explained the concerns as to promotion of the licensing objectives namely the prevention of crime and disorder and the protection of children from harm. These related to the findings of underage sales of alcohol and cigarettes, sales of illicit tobacco, the breach of licensing conditions and in particular additional conditions attached to the licence resulting from a previous review.

 

The Panel heard further oral representations from the representative of the Weights and Measures Authority and GM Police.

 

 

The Panel asked questions of the Applicant and the other representatives and all parties were offered the opportunity to question the Applicant.

 

The Licence Holder’s representative and the Licence Holder made oral representations and explained that there had been a number of issues with anti-social behaviour outside the premises and difficulties with staff who had since been sacked. He explained that he was not always resent at the premises and had since arranged for his wife and other members of staff to become personal licence holders.

 

The Panel asked questions of the Licence Holder and all parties were offered the opportunity to question him.

 

The Panel heard no other representations.

 

All parties were allowed the opportunity to sum up their respective cases.

 

The Panel then duly retired to consider the application and all of the information provided.

 

The Members of the Panel were advised by the Legal Officer as to their duties under Section 4 of the Licensing Act 2003 to at all times consider the promotion of the Licensing Objectives, these being:

 

1)   the prevention of crime and disorder

2)   public safety

3)   the prevention of public nuisance

4)   the protection of children from harm

 

The Members were also advised of their duties in carrying out those functions in relation to:

 

a)   the Council’s published Statement of Licensing Policy

b)   the Guidance issued by the Secretary of State as contained in section 182 of the Licensing Act 2003, which was updated in June 2014

 

In addition Members were advised to give appropriate weight to the steps that are appropriate to promote the licensing objectives and the representations presented by all parties.

 

The Panel also had regard to the European Convention on Human Rights and in  ...  view the full minutes text for item 2.

3.

AN APPLICATION FROM A RESPONSIBLE AUTHORITY FOR A REVIEW OF THE PREMISES LICENCE UNDER THE LICENSING ACT 2003 IN RESPECT OF KILLON STREET OFF LICENCE, 26 PRICE STREET, BURY, BL9 7EB pdf icon PDF 1 MB

Minutes:

Prior to the Hearing, the licensing authorityreceived an application pursuant to section 51 of the Licensing Act 2003, from a Responsible Authority, namely the Weights and Measures Authority, for a review of the Premises Licence in respect of Killon Street Off Licence, 26 Price Street, Bury, BL9 7EB.

 

              The application was outlined in the report presented to members of the Panel by the Licensing Manager, who explained that at the time of the submission of the review application on 6 December 2018, the Premises licence in respect of Killon Street Off Licence, was held by Mr Raja Naveed Aijaz, who was also the Designated Premises Supervisor (DPS).

 

               On 19 December 2018, the Licensing Authority received an application to transfer the Premises licence with immediate effect into the name of Mr Waqas Mahmood.  On the same day, an application to vary the DPS with immediate effect was received to make Mr Mahmood the DPS.

 

               The Licensing Authority did not receive any representations during the representation period in respect of the application to transfer the Premises licence or the application to vary the DPS from Greater Manchester Police (GMP).  Therefore the Premises licence has been transferred and the DPS varied into the name of Mr Mahmood.

 

              

 

               The Licensing Manager went on to explain that the Licensing Authority and Greater Manchester Police, as Responsible Authorities, had made representations in relation to the application. Further, prior to the hearing, Mr Mahmood the current Premises Licence holder had entered discussions with the said Responsible Authorities regarding the licence, previous issues at the premises and the possibility of further licence conditions being considered. However, Mr Mahmood had been unable to obtain all of the requested documentation and therefore all parties asked the Panel to consider adjourning the matter to enable this to be provided to the Panel.

 

               Delegated decision:    

 

               Due to the Premises Licence holder not being able to furnish the Panel with the further documentation, it was agreed unanimously, that to ensure a fair hearing and to enable the Premises Licence Holder to fully explain and provide evidence as to his current position and in addition enable this to be fully considered by the Responsible Authorities, that in the public interest, the hearing be adjourned to a future date.