Agenda and minutes

Virtual Meeting, Licensing Hearing Sub Committee - Friday, 31st March, 2023 10.30 am

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Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were submitted from M Bridge- Licensing Department, Bury Council.

 

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 pdf icon PDF 400 KB

The Minutes of the last Licensing Hearing Sub Committee meeting held at 10.30am on the 2nd February 2023 are attached.

Minutes:

The minutes of the last Licensing Hearing Sub Committee meeting held at 10.30am on the 2nd February 2023 were attached to the agenda.

 

Resolved:- That the minutes of the Licensing Hearing Sub Committee held at 10.30am on the 2nd February 2023 be approved as a correct record.

 

4.

OBJECTION NOTICE BEING RECEIVED FROM GREATER MANCHESTER POLICE IN RESPECT OF A TEMPORARY EVENT NOTICE pdf icon PDF 664 KB

Report from the Executive Director (Operations) is attached:-

Minutes:

The Licensing Officer presented a report relating to an objection notice being given to the Licensing Authority, by Greater Manchester Police pursuant to section 104(2) of the Licensing Act 2003, in respect of a proposed temporary event to be held at Club 66, 24 Silver Street, Bury, BL9 0DHbetween the hours of 04.00 to 05.00 hours on the 1st - 2nd April 2023.

 

The Temporary Event Notice had been given by Daniel Langford, 75 Tower Street, Heywood, OL10 3AD.  The Temporary Event was to allow for an extension of the licence for the retail sale of alcohol, the provision of regulated entertainment and late night refreshment.

 

Greater Manchester Police, in their capacity as a Responsible Authority, would give their reasons for their representation in respect of the Temporary Event Notice where they are satisfied that the representation would undermine the Prevention of Crime and Disorder. Representation information was attached at Appendix 1 in the agenda packs and was received within the appropriate time period from GMP.

 

The TEN application form and a copy of the premises licence was also circulated to Members of the Panel prior to the hearing.

 

The Sub-Committee heard oral representations from the applicant Mr Langford, the Premises owner Mr Abady and an employee at the premises, Ms Miller.

 

The Sub-Committee then heard representations from Greater Manchester Police via PC Eccleston.

 

The Sub-Committee heard no other representations.

 

The Panel asked questions of the applicant and Premises owner, and the representative of Greater Manchester Police. All parties were offered the opportunity to question the applicant and representor and vice versa. All parties were allowed the opportunity to sum up their respective cases.

 

The Sub-Committee then duly retired to consider the application.

 

The Members of the Panel were advised by the Legal representative 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:

 

a) the prevention of crime and disorder

b) public safety

c) the prevention of public nuisance

d) 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, (December 2022 – updated 12 January 2023)

 

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

 

Delegated decision

 

The Sub-Committee considered the Licensing Act 2003, regulations made thereunder, the Secretary of State’s Guidance, issued under section 182 of the 2003 Act, and the Council’s own Licensing Policy. The Sub-Committee also considered the Temporary Event Notice, the written objections from Greater Manchester Police and the oral representations from the Premises Licence Holder, the Designated Premises Supervisor, the employee of the premises and from GMP.

 

Having considered all of the evidence with care, it was  ...  view the full minutes text for item 4.