Agenda and minutes

Venue: Ogden (Room 109) -First Floor, Number One Riverside, Smith Street, Rochdale, OL16 1XU. View directions

Contact: Peter Thompson 

Items
No. Item

8.

Appointment of Chair

Minutes:

Decision:

That Councillor O’Neill be appointed Chair for the meeting of the Licensing Sub-Committee.

9.

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.

10.

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 convened to assist in the interim review of the Premises Licence in respect of the premises, The Edgar Wood (previously known as 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 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.

11.

Licensing Officer pdf icon PDF 2 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 had been made available to the parties in advance of, and at the hearing. The submitted report included representations received from the Premises Licence Holder and his representatives and from Greater Manchester Police. 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 interim review of the premises licence at the Edgar Wood (formerly known as 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 review the facts that were presented and if applicable either:

a.    Modify the conditions of the premises licence;

b.    Exclude aspect(s) of licensable activities 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, or

e.    The revocation of the licence

 

The Licensing Sub-Committee has delegated authority to determine the interim steps pending a review of the Premises Licence in accordance with Section 53B of the Licensing Act 2003.  

12.

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 Ms. A. Anderson and Mr. D. Kent (on behalf of Greater Manchester Police), who addressed the Sub-Committee regarding the interim steps that had been taken following the suspension of the Premises Licence at the Edgar Wood (formerly known as the Dusty Miller), 34 Middleton Gardens, Middleton, Manchester, M24 4DF.

13.

The Application

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.

14.

Exclusion of Press and Public

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.

Minutes:

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

15.

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:

That the Sub-Committee was satisfied with the interim steps taken by the management of the Edgar Wood (formerly known as the Dusty Miller) and noted the lifting of the suspension of the premises licence at a previous interim hearing on 6th July 2018.

 

Following hearing representations from the parties, decided that the addition of the proposed conditions as recommended and agreed between the parties were appropriate in order to promote the licensing objectives.