To appoint a chair for the duration of the meeting

Resolved:
That Councillor Burke be appointed Chair for the duration of the meeting of the Licensing Sub-Committee.

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.  

There were no declarations of interests.

The Chair will outline the procedure to be followed at the meeting

The Chair advised that the Sub-Committee had been convened to assist in the Review of the Premises Licence in respect of the Infinity Restaurant and Bar, 1 Market Place, Middleton, Manchester, M24 6AE, which had been the subject of a Police certificate and application, in accordance with Section 53A of the Licensing Act 2003.

The meeting was 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.

The Licensing Officer will present the report

The Licensing Officer addressed the Sub-Committee in respect of the submitted report, copies of which had been made available to the parties in advance of, and at the hearing. The submitted report included representations received from the applicant, from representatives of Greater Manchester Police and from North Middleton Ward Councillors.

The Sub-Committee in determining the application was required to give due regard to local policy considerations and the national guidance. The Licensing Officer advised that the Sub-Committee had been convened to assist in the Review of the Premises Licence in respect of the Infinity Restaurant and Bar, 1 Market Place, Middleton, Manchester, M24 6AE, which had 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 determine the application and either:

a.     Consider modification of the conditions of the Premises Licence;

b.     Consider the exclusion of licensable activity from the scope of the licence;

c.     The removal of the designated premises supervisor from the licence;

d.     The suspension of the licence for a period not exceeding three months;

e.     The revocation of the licence

 The Licensing Sub-Committee has delegated authority to determine reviews of Premises Licenses in accordance with Section 53C of the Licensing Act 2003, to take interim steps.

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/if necessary:-

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)

Mr. D. Kent addressed the Sub-Committee on behalf of Greater Manchester Police.

Councillor K. Nolan and Councillor D. Williams, North Middleton Ward Members, addressed the Sub-Committee in relation to this matter.

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.

Mr. Victor Adereni, the Premises Licence Holder of the Infinity Restaurant and Bar, 1 Market Place, Middleton, addressed the Sub-Committee.

To consider that the press and public be excluded from the remaining part of the meeting pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that discussions may involve the likely disclosure of exempt information as defined in the provisions of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

All parties were requested to retire from the meeting whilst the Sub-Committee determined the application for a Premises Licence, after which the respective parties were re-admitted to the meeting.

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.

An application was made by Greater Manchester Police (GMP) for a review of the Premises Licence in respect of the Infinity Restaurant and Bar, 1 Market Place, Middleton, M24 6AE. At the hearing to review the Premises Licence, the Licensing Sub-Committee listened carefully to all of the representations made by the people who had spoken at the hearing and had carefully considered all of the evidence presented.

The Sub-Committee heard from GMP that:-

1. Following a crime relating to a serious incident, which occurred on 21^st December 2019 and to a further incident that had taken place on 22^nd December 2019, GMP had applied to the Licensing Authority for an expedited summary review of the premises. The subsequent hearing was held on 24^th December 2019, due to the serious nature of the incident that had occurred on 21^st December 2019. The Licensing Sub-Committee determined to suspend the Premises Licence, pending the full review of the Licence, in accordance with Section 53 of the Licensing Act 2003. This was the reason that this meeting of the Sub-Committee had been convened.
2. There had been no contact, or communication, made by the Premises Licence holder, of the serious incident which had taken place on 21^st December 2019, to GMP.

CCTV footage was shown of the incident that had taken place on 21^st December 2019, which related to a large scale fight. Written and oral evidence from GMP, together with CCTV footage, revealed that two GMP Officers (one male and one female) were injured. CCTV footage showed the premises’ security team escorting three people outside and once outside there was a large scale fight.

A summary of issues, outlined by GMP, included concerns to a breach of Licence Conditions, namely: operating outside licensing hours (CCTV footage showed an incident on 29^th April 2019 of customers being drunk and disorderly).

In an incident on 29^th September 2019 there was a large scale fight, with males using weapons namely: metal poles. There was no contact made by the Premises Licence Holder with GMP. There was an indication that drugs were being sold on the premises. There was no confidence in the management structure, at the Infinity Bar. In accordance with Section 182 of the Licensing Act 2003, where serious crime had occurred on and near the premises and where the ‘Crime Prevention Licensing Objectives had been undermined it was noted that revocation of the Premises Licence could be considered. Therefore in promoting the Prevention of Crime and Public Safety Licensing Objectives, the revocation of the Premises Licence was appropriate.

The Sub-Committee heard from Councillor Nolan and Councillor Donna Williams, North Middleton Ward Councillors, in that they were shocked to hear and see incidents taking place at and outside the vicinity of the Infinity Bar and in adjunct with representations made, fully supported the application by GMP to revoke the Premises Licence.

The Sub-Committee heard representations from the Premises Licence Holder in that he had fully co-operated with GMP  ...  view the full minutes text for item 24.