Agenda and minutes

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Items
No. Item

1.

Appointment of Chair

2.

Declarations of Interest

    Members are required to declare any disclosable pecuniary, personal or personal and prejudicial interests they may have and the nature of those interests relating to items on this agenda and/or indicate if S106 of the Local Government Finance Act 1992 applies to them.   

    Minutes:

    There were no declarations of interests.

3.

Procedure for Hearings under the Licensing Act 2003

    The Chair will outline the procedure to be followed

    Minutes:

    The Chair advised that the Sub-Committee had been called to meet to consider an interim review of the premises licence at the Dusty Miller, 34 Middleton Gardens, Middleton, M24 4DF, which has been the subject of a Police certificate and application, in accordance with Section 53A of the Licensing Act 2003

     

    The meeting was to be conducted in accordance with the adopted “Procedure for Hearings Under the Licensing Act 2003 where Representations are Received”, as contained within the Local Authority’s Code of Conduct for Members and Officers Dealing with Matters under the Licensing Act 2003.

4.

Licensing Officer pdf icon PDF 3 MB

    The Licensing Officer will present the report

    Minutes:

    The Licensing Officer addressed the Sub-Committee in respect of the submitted report, copies of which were available to the parties in advance of, and at the hearing. The submitted report included representations received from Responsible Authorities, interested Parties, local policy considerations and the national guidance.

     

    The Licensing Team Leader advised that the Sub-Committee had been called to meet to consider an interim review of the premises licence at the Dusty Miller, 34 Middleton Gardens, Middleton, M24 4DF, which has been the subject of a Police certificate and application, in accordance with Section 53A of the Licensing Act 2003

     

    In respect of the application the Sub-Committee were invited to consider either:

    • The modification of the conditions of the premises licence;
    • The exclusion of the sale of alcohol by retail from the scope of the licence;
    • The removal of the designated premises supervisor from the licence;
    • The suspension of the licence for a period.

5.

The Representations

    The party making representations and/or their representative will address the members of the Licensing Sub-Committee, providing any information in support of their representation, and call any witnesses in support of their representation. These representations will be taken in the following order as applicable:-

     

    a)            Police Representation

    b)         Fire Service Representation

    c)         Environmental Health Representation

    d)         Weights and Measures

    e)         Planning

    f)          Social Services Representation

    g)         Any other interested person (including the local ward Councillor if present)

    Minutes:

    The Sub-Committee considered the views of Mr. D. Kent and Ms. A. Anderson (on behalf of Greater Manchester Police), who addressed the Sub-Committee detailing the reasons for the submission of the review of the premises licence.

6.

The Applicant

    The applicant and/or their representative will address the Licensing Sub-Committee, present information in support of the application, and to call any witnesses in support of the application, one witness at a time.

    Minutes:

    Ms. C. Johnson addressed the Sub-Committee on behalf of the licence holder: The Craft Union Pub Company Limited, 3 Monkspath Hall Road, Solihull, B90 4SJ.

7.

Decision

    Upon reaching a decision, the parties will be asked to return to the room and the Chair will announce the decision.

     

    If the Licensing Sub-Committee defer in reaching a decision, the Clerk will write to the relevant parties to tell them of the Licensing Sub-Committee’s decision within the relevant time-scale.

    Minutes:

    Resolved: The Sub-Committee considered the options available in reviewing the licensing. Having read the guidance, the relevant legislation, the written submissions and upon hearing from Greater Manchester Police and the applicant’s representative, and taking into account the written evidence, the decision of the Licensing Sub-Committee be to suspend the premises licence with immediate effect. The Sub-Committee further requests that the applicant and Greater Manchester Police be urged to work together to agree reasonable conditions to the premises licence for the Dusty Miller, after which a further meeting of the Sub-Committee can be convened, within the 28 day period, to consider this matter further.

     

    Reason for decision: The Licensing Sub-Committee has delegated authority to determine reviews of Premises Licences in accordance with Section 53B of the Licensing Act 2003 to take interim steps.