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.
Decision Maker: Executive Director of Health and Adult Care
Decision published: 13/11/2019
Effective from: 23/01/2019
Lead officer: Julie Gonda
Decision Maker: Executive Director of Health and Adult Care
Decision published: 15/10/2019
Effective from: 16/01/2019
Lead officer: Karen Dolton
Decision Maker: Executive Director of Operations
Decision published: 31/05/2019
Effective from: 29/01/2019
Lead officer: David Brown
Decision Maker: Executive Director of Operations
Decision published: 16/05/2019
Effective from: 30/01/2019
Lead officer: David Giblin
Decision Maker: Executive Director of Operations
Decision published: 13/03/2019
Effective from: 30/01/2019
Lead officer: David Giblin
Decision Maker: Executive Director of Operations
Decision published: 08/02/2019
Effective from: 30/01/2019
Lead officer: David Giblin
Decision Maker: Executive Director of Operations
Decision published: 08/02/2019
Effective from: 30/01/2019
Lead officer: David Giblin
Decision Maker: Executive Director of Operations
Decision published: 08/02/2019
Effective from: 30/01/2019
Lead officer: David Giblin
Decision Maker: Executive Director of Operations
Decision published: 08/02/2019
Effective from: 29/01/2019
Lead officer: David Giblin
Decision Maker: Executive Director of Operations
Decision published: 08/02/2019
Effective from: 28/01/2019
Lead officer: David Giblin
Decision Maker: Executive Director of Operations
Decision published: 08/02/2019
Effective from: 21/01/2019
Lead officer: David Giblin
Decision Maker: Executive Director of Operations
Decision published: 08/02/2019
Effective from: 28/01/2019
Lead officer: David Giblin
Decision Maker: Executive Director of Operations
Decision published: 08/02/2019
Effective from: 21/01/2019
Lead officer: David Giblin
Decision Maker: Chief Executive
Decision published: 28/01/2019
Effective from: 24/01/2019
Wards affected: (All Wards);
Lead officer: Geoff Little
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.
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.
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:
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.
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:
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
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: