Agenda item

A report from the Executive Director (Operations) is attached.

The Executive Director (Operations) submitted a report advising Members on operational issues within the Licensing Service.

The report set out updates in respect of the following issues:

The Licensing Service had dealt with a number of compliance and enforcement

matters between the 1^st July and the 18^th August 2024.

LICENSING HEARINGS SUB-COMMITTEES

On the 5^th August 2024, an application for the grant of a premises licence at Best Local, 62 Bolton Street, Bury BL0 0LL was due to be considered by the Licensing Hearings Sub-Committee. The application attracted a representation from Trading Standards in their capacity as a Responsible Authority. Members of the Sub-Committee heard the evidence and resolved agreed unanimously that the Sub-Committee refuse the application for a Premises Licence.

The Sub-Committee was therefore satisfied that on the balance of probability there was sufficient evidence presented that had demonstrated the following licensing objectives had not been met and failed the licensing objective, the prevention of crime and disorder.

The reasons given by the sub-committee, included: -

Three failed Trading Standards test purchase operations in the store and an association with other stores that had also sold illegal vapes and cigarettes.

The Sub-Committee found the situation concerning with the premises operating in such a way to undermine the licensing objectives. The evidence and supporting documents presented were deemed sufficient evidence to refuse the licence.

On the 5^th August 2024, an application for the grant of a premises licence at Asda PFS

Blackford Bridge, Manchester Road, Bury, BL9 9ST was due to be considered by the

Licensing Hearings Sub-Committee. The application attracted representations from Public Health in their capacity as a Responsible Authority and eight interested parties. Mediation had taken place prior to the Sub-Committee meeting between the applicant’s representative and the Public Health Department, and it was agreed that the hours for the retail sale of alcohol off the premises would be reduced to Monday to Sunday– 06:00 till 00:00 rather than Monday to Sunday– 00:00 till 00:00 as applied for. Members of the Sub-Committee heard the evidence and unanimously that the Sub- Committee grant the application for a Premises Licence in the amended terms requested.

An application for an expedited review was received from GMP on the 24^th June 2024 in respect of Sky Bar, Kay Gardens, Bury due to an incident of serious crime and disorder. A hearing was held on the 25^th June 2024. The Sub-Committee resolved that in order to promote the said licensing objectives, it was necessary to impose interim steps and that these would be to modify the conditions to state that SIA registered door staff to be on duty at the Premises from 20:00 every night. The full review hearing was held on the 19^th July 2024.

The Sub-Committee resolved to modify the conditions of the licence and the interim steps were withdrawn. No appeal was made during the appeal period therefore the licence was issued with the modified conditions.

FEES AND CHARGES

Section 70(2) of the Local Government (Miscellaneous Provisions) Act 1976, gives authority to a District Council to set the fees in relation to the Licensing of Hackney Carriage and Private Hire vehicles and also for Private Hire Operator licences. Having varied the fees the Council is required to advertise them in a local newspaper so as to allow persons wishing to object to them a period of 28 days from the date of publication of the notice to object.  

The Licensing Service can confirm that no objections have been received during the 28-day period, therefore the fees had been implemented from the 22^nd August 2024.

Councillors McGill and Marsden along with the Chair placed on record a thank you to officers who had to deal with the expedited review case at Sky Bar which involved working alongside Greater Manchester Police.

Delegated decision:

It was agreed that the report be noted.