Decisions

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.

Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.

Earlier - Later

Decisions published

23/01/2019 - Creation of new post (temp) - Supporting Communities Improving Lives (SCIL) ref: 2951    Recommendations Approved

Decision Maker: Executive Director of Health and Adult Care

Decision published: 13/11/2019

Effective from: 23/01/2019

Lead officer: Julie Gonda


16/01/2019 - Change of blue badge print/production ref: 2929    Recommendations Approved

Decision Maker: Executive Director of Health and Adult Care

Decision published: 15/10/2019

Effective from: 16/01/2019

Lead officer: Karen Dolton


11/01/2019 - Increase in rate paid to providers of supported lodgings ref: 2731    Recommendations Approved

Decision Maker: Executive Director Children and Young People

Decision published: 08/04/2019

Effective from: 11/01/2019

Lead officer: Karen Dolton


11/01/2019 - A new position of head of street scene maintenance ref: 2707    Recommendations Approved

Decision Maker: Executive Director of Operations

Decision published: 14/03/2019

Effective from: 11/01/2019

Lead officer: David Brown


11/01/2019 - Increase rae of pay to providers of supported lodgings to Bury's Care Leavers and Unaccompanied Asylum Seekers ref: 2657    Recommendations Approved

Decision Maker: Executive Director Children and Young People

Decision published: 08/02/2019

Effective from: 11/01/2019

Lead officer: Karen Dolton


21/01/2019 - Temporary Road Closures - various roads, Ainsworth. For the Annual walk of witness ref: 2650    Recommendations Approved

Decision Maker: Executive Director of Operations

Decision published: 08/02/2019

Effective from: 21/01/2019

Lead officer: David Giblin


21/01/2019 - Public Footpath 7 Whitefield - Extension of Temporary Closure ref: 2648    Recommendations Approved

Decision Maker: Executive Director of Operations

Decision published: 08/02/2019

Effective from: 21/01/2019

Lead officer: David Giblin


15/01/2019 - Macmillan Cancer Information Bus - Prestwich Library 26.2.2019 ref: 2647    Recommendations Approved

Decision Maker: Executive Director of Operations

Decision published: 08/02/2019

Effective from: 15/01/2019

Lead officer: David Giblin


24/01/2019 - GMCA (Functions and Amendment) Order 2019 ref: 2637    Recommendations Approved

Decision Maker: Chief Executive

Decision published: 28/01/2019

Effective from: 24/01/2019

Wards affected: (All Wards);

Lead officer: Geoff Little


18/04/2018 - EXCLUSION OF PRESS AND PUBLIC ref: 2634    Recommendations Approved

Decision Maker: Licensing Hearing Sub Committee

Made at meeting: 18/04/2018 - Licensing Hearing Sub Committee

Decision published: 16/01/2019

Effective from: 18/04/2018

Decision:

Delegated decision:

That in accordance with Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005 and Section 100(A)(4)  schedule 12 A of the Local Government Act 1972 (Category 7), the press and public be excluded from the meeting during consideration of the following items of business since it involved the likely disclosure of   information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of a crime, and the public interest in doing so outweighs the public interest in the hearing taking place in public.

 


18/04/2018 - CONSIDERATION OF SUSPENSION / REVOCATION OF A PERSONAL LICENCE ref: 2633    Recommendations Approved

Decision Maker: Licensing Hearing Sub Committee

Made at meeting: 18/04/2018 - Licensing Hearing Sub Committee

Decision published: 16/01/2019

Effective from: 18/04/2018

Decision:

The Licensing Unit Manager presented a report submitted by the Assistant Director (Planning, Environmental and Regulatory Services). The application was as detailed in the report.

 

Representations in respect of the application were received within the appropriate period.

 

All written representations were contained within the written submissions provided in the report to the Panel.

 

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

 

The Panel heard oral representations from the Licence Holder and his representative.

 

The Panel asked questions of the Licence Holder. All parties were offered the opportunity to question the Licence Holder.

 

The Licence Holder was offered the opportunity to sum up his case.

 

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 March 2015

 

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 particular that everyone has the right to peaceful enjoyment of his possessions, respect for his private and family life, his home and his correspondence. A fair balance between competing interests must be considered.

              

DECISION

 

 

Having heard all the oral submissions and having considered all of the documentation before it, the Panel considered the merits of the case and in accordance with its duties decided as follows.

 

The evidence was considered with care and it was established that following the evidence of all parties, having understood the application and equally understanding the representations made, on balance the Panel found that   any concerns so far as the promotion of the four Licensing Objectives were concerned Could be met by a suspension of the personal licence .

 

The Panel therefore considered it reasonable, balanced, appropriate and proportionate, based on all of the evidence, to suspend the personal licence for a period of four months.

 

 


27/09/2018 - APPLICATION FOR THE VARIATION OF A PREMISES LICENCE UNDER THE LICENSING ACT 2003, IN RESPECT OF WHICH A REPRESENTATION HAS BEEN MADE BY A RESPONSIBLE AUTHORITY ref: 2632    Recommendations Approved

Decision Maker: Licensing Hearing Sub Committee

Made at meeting: 27/09/2018 - Licensing Hearing Sub Committee

Decision published: 16/01/2019

Effective from: 27/09/2018

Decision:

Prior to the Hearing the Authority received an Application to vary a Premises Licence under section 34 of the Licensing Act 2003 in relation to Crowded House, 626 Manchester Road, Bury, BL9 9SU in respect of which a representation has been received from a Responsible Authority.

 

The Application was as detailed in the report which was presented to the Members of the Panel by the Licensing Unit Manager, which explained that a Premises Licence in respect of this premises has been in force since 2 April 2015. The Premises Licence Holder is Boxed Limited of which the registered address is 626 Manchester Road, Bury, BL9 9SU and Mrs Johanne Banks of Helmshore, has been the appointed Designated Premises Supervisor (DPS) since the grant of the Licence.

 

The Application was for a variation of the current Premises Licence under Part 3 of the Licensing Act 2003 for the purpose of removing two conditions from the operating schedule which were proposed by Greater Manchester Police in their capacity as Responsible Authority at the grant of the licence and were agreed by the Applicant at the time.

 

The conditions which the Applicant wished to remove are:

 

3/ Customers will be prevented from leaving the interior of the premises with alcoholic drinks in glasses or bottles.

4/ Tables and chairs and any other outdoor furniture located outside the premises, must be removed and stored away in a safe area not accessible to the public each evening, no later than 1900 hrs.

 

The Applicant had complied with all the necessary procedural requirements laid down by the Act.

 

Representations in respect of the application were received within the appropriate period from the Licensing Authority in its capacity as a Responsible Authority.

 

All written representations were contained within the written submissions provided in the report to the Panel.

 

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

 

The Panel heard oral representation from Mr Banks, the representative of Boxed Limited, the Premises Licence Holder.

 

The Panel asked questions of Mr Banks and all parties were offered the opportunity to question the representative.

 

The Panel heard oral representations from the Licensing Enforcement Officer.

 

The Panel asked questions of the Officer and all parties were offered the opportunity to question the representative. 

 

All parties were offered the opportunity to sum up their case.

 

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:

 

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, which was updated in April 2018

 

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 particular that everyone has the right to peaceful enjoyment of his possessions, respect for his private and family life, his home and his correspondence. A fair balance between competing interests must be considered.

              

              FINDINGS

 

The following facts were found:

 

  • A Premises Licence in respect of Crowded House has been in force since 2 April 2015 and the Premises Licence Holder is Boxed Limited of which the registered address is 626 Manchester Road, Bury.
  • In relation to the additional licensing conditions proposed by Greater Manchester Police, the Premises Licence Holder agreed that these should be attached to the Premises Licence.
  • At the time of granting of the licence the premises were not open and had not previously been operated by the current Premises Licence Holder.
  • In May 2016 the Licensing Service received a complaint from a resident alleging a failure to adhere to Condition 4/ of its Premises Licence in relation to all outdoor furniture.  The Premises Licence Holder was contacted by a Licensing Officer and verbally warned of the need to adhere to the conditions stipulated within the Licence.
  • A further complaint was lodged by the same neighbour in August 2016 again in relation to the outdoor furniture. Again the Premises Licence Holder was contacted by Licensing Officer and warned.
  • Another complaint from a resident was received in October 2017 again regarding the outdoor furniture and also the use of noisy roller shutters at 05.30 hours. Again the Premises Licence Holder was contacted by Licensing Officer and warned.
  • In November 2017, an out of hours compliance check confirmed that the business had removed the furniture from outside the premises after 19.00 hours.
  • Further complaints were received in February 2018 from the same resident in relation to the outside furniture and other noise. A Licensing Officer had also observed the furniture outside after 19.00 hours.
  • Again in July 2018 two complaints we received in relation to furniture being left outside the premises beyond 19.00 hours.  This was also observed by Licensing Officers as late as 21.30 hours and subsequently a written warning was issued to the Designated Premises Supervisor, Mrs Banks.
  • The Premises Licence Holder admitted there had been occasions when the furniture had been left outside after 19.00 hours.
  • The outside furniture was now stored in a box close to it and fake turf had been placed under the furniture to reduce noise emanating from its removal.
  • There was no evidence of anti-social behaviour or nuisance associated with people using the outside furniture.
  • The premises regularly close at 22.00 hours during the week and 23.00 hours at weekends.

 

DECISION

 

The evidence was considered with care and following the evidence of all parties, having understood the application and equally understanding the representations made, the Panel therefore unanimously decided it reasonable, balanced, appropriate and proportionate, based on all of the evidence and in accordance with its duties, in relation to conditions 3 and 4 on the Premises Licence, that in order to promote the licensing objectives set out in the Licensing Act 2003, in particular the prevention of public nuisance, that the conditions would be varied to read as follows:

 

3.   Customers will be prevented from leaving the interior of the premises with alcoholic drinks in glasses or bottles after 22.00 hours

4.   Tables and Chairs and any other outdoor furniture located outside the premises, must be removed, and stored away in a safe area not accessible to the public each evening, no later than 22.00 hours.

 


05/09/2018 - AN APPLICATION FROM AN INTERESTED PARTY FOR A REVIEW OF THE PREMISES LICENCE UNDER THE LICENSING ACT 2003 IN RESPECT OF THE SIR ROBERT PEEL, 97 SUNNY BANK RD, BURY, BL9 8ES ref: 2631    Recommendations Approved

Decision Maker: Licensing Hearing Sub Committee

Made at meeting: 05/09/2018 - Licensing Hearing Sub Committee

Decision published: 16/01/2019

Effective from: 05/09/2018

Decision:

The Licensing Unit Manager presented a report submitted by the Assistant Director (Legal and Democratic Services). The application was as detailed in the report.

 

Representations in respect of the application were received within the appropriate period.

 

All written representations were contained within the written submissions provided in the report to the Panel.

 

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

 

The Panel heard oral representations from the Applicant and a representor who is a resident of Sunny Bank Road, Bury and his neighbour.

 

The Panel asked questions of the Applicant. All parties were offered the opportunity to question the Applicant.

 

The Panel heard further representations from GMP’s Licensing Officer PC Caulfield.

 

The Panel heard representations from the Premises Licence Holder’s Solicitor. The Panel and all parties were offered the opportunity to question the Premises Licence Holder and his representative.

 

Both parties were offered the opportunity to sum up their case.

 

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 April 2018

 

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 particular that everyone has the right to peaceful enjoyment of his possessions, respect for his private and family life, his home and his correspondence. A fair balance between competing interests must be considered.

              

FINDINGS

 

The following facts were found:

 

 

  • The Premises Licence in respect of the Sir Robert Peel is held by Mr Steven Elliot  and Kirsty Maher(the PLH’s), As at the date of the Panel hearing, Mr Steven Elliot is the Designated Premises Supervisor.
  • Prior to the date of the Panel hearing was Ms Kirsty Maher.

 

  • During the period from September 2015 there have been incidents connected with the licensed premises affecting neighbouring residents, including the following:-

1.            Noise nuisance

2.           Patrons sitting outside the premises on the outside seating area till late

3.            Taxis revving engines and beeping their horns

4.            Anti-social behaviour with police involvement

5.            Emptying of bottles into the bins after midnight

6.            Patrons urinating outside the premises 

 

  • On 21 December 2017 there was noise and anti-social behaviour emanating from the premise.

 

  • On the evening of 24 December until 2am on 25 December 2017 there was noise and antisocial behaviour emanating from the premises.

 

  • On 31 May 2018 the Applicant complained about noise and antisocial behaviour emanating from the premises and the PLH agreed to meet to attempt mediation with residents.

 

  • A meeting took place with the PLH and local residents including the Applicant on 7 June 2018, during which the PLH made commitments to deal with noise and antisocial behaviour emanating from the premises.

 

  • On 28 June 2018 a fight took place involving patrons from the premises resulting in noise and antisocial behaviour emanating from the premises.

 

  • On 7 July 2018 a further fight took place involving patrons from the premises resulting in noise and antisocial behaviour emanating from the premises. GMP attended the premises on this occasion which resulted in two crimes being recorded for an affray and an assault.

 

  • There was no CCTV coverage of the front entrance and the footage that was available was of a poor quality.

 

  • The licensed premises has a large outdoor seating area at the front and side, as well as a smoking area to the rear, with doors enabling access and egress at the front and rear.

 

 

DECISION

 

The Panel returned to the Hearing room to give its decision.

 

All of the evidence was considered with care and it was established that having understood the request for review and equally understanding the representations made, on balance, the Panel found there were causes for concern so far as the promotion of the following licensing objectives were concerned;

 

·         the Prevention of Crime and Disorder

·         Public Safety

·         Prevention of public nuisance

The Panel were satisfied based on the evidence before it, that the incidents referred to by the Applicant and his witness and by GMP had taken place. The Panel was not satisfied there was the appropriate level of control and management of the premises generally and in particular outside of the premises. Patrons where left unattended outside of the premises, not supervised when leaving, there were no clear dispersal arrangements and security staff could be seen leaving the door unattended, and there was no or inadequate CCTV to assist GMP in dealing with the incidents. These factors left the Panel with no option but to take action.

 

The Panel considered the merits of the case and in accordance with its duties and in light of the relevant policy and guidance considered it reasonable, balanced, appropriate and proportionate, based on all of the evidence, to vary the conditions. It therefore unanimously resolved to make the following modifications to the premises licence, so that the conditions set out in Appendix C will now read as follows:

  1. The premise is to operate an effective CCTV system which is to be maintained in good working order at all times the premises is open for business, such system and the positioning of cameras is to be to the Reasonable satisfaction of Greater Manchester Police.  The location of cameras will be recorded on the plan attached to the licence.  The recording medium (e.g. discs/tapes/hard drive etc) and associated images are to be retained and securely stored for a minimum period of 28 days and are to be made available to the police/Authorised Officers of the Licensing Authority upon request.  A member of staff trained in the use of the CCTV system must be available (but not necessarily at the premises) at all times that the premises are open to the public to provide copies of the data, subject to Data Protection legislation, upon request and as soon as reasonably practicable following a request. The premises licence holder or designated premises supervisor is to provide the police with the contact details of at least two members of staff (or other person(s)) who are trained and familiar with the operation of the equipment so that, at the expense of the premises licence holder, they are able to check that the equipment is operating properly and that they are able to provide copies of recorded data upon request and within no more than 12 hours from the time of the request.  The premises licence holder or the Designated Premises Supervisor must notify the licensing office or the Police in the event of CCTV breakdown or malfunction as soon as is reasonably practicable and in any event within 12hrs.
  2. All emergency lighting, fire exits, fire extinguishers, escape routes, fire safety equipment including fire alarms, gas and electrical equipment and installations should be regularly checked to ensure that they are properly maintained and in good working order.
  3. Prominent, clear and legible notices must be displayed in all outside areas and at all exits requesting that customers respect the needs of local residents and that whilst using and/or leaving the premises, they do so quietly and at appropriate times, announcements should be made reminding customers of the above. 
  4. Proof of identity/age should be required and satisfied before allowing entry of person/s who appear may be under 18 years of age and who wish to purchase/consume alcohol.
  5. Music and noise emanating from the premises should not be audible so as to cause nuisance inside neighbouring residences at any time. Noise levels should be regularly checked to prevent such nuisance to residents in the vicinity and such checks recorded and retained for a minimum period of 12 months and made available to the police/Authorised Officers of the Licensing Authority upon request. Any complaints should be monitored and investigated and action taken where necessary. 
  6. All external doors and windows are to be kept closed except for access when live/amplified music and entertainment is taking place so as to prevent any nuisance.
  7. No external; doors or windows are to be kept open after 23:00 hours save for the front door which should be closed at 22:00 save for emergency use.
  8. Outside seating areas to the premises are to be closed at 22:00 hours to prevent noise nuisance to local residents. A designated smoking area to the rear will be clearly marked for use when the seating area is closed and drinking is not permitted in that area after 22:00 hours. Patrons shall be directed to the designated smoking area after 22:00 hours.
  9. All waste collections from the premises must take place after 09:00 hours and before 22:00 hours.