Agenda and minutes

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Contact: Peter Thompson 

Items
No. Item

1.

Appointment of Chair

Minutes:

Decision:

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

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 convened to assist in the determination of the application for a remises Licence made under Section 17 of the Licensing Act 2003, for MRH Middleton, Oldham Road, Middleton, Manchester, M24 2LD.

 

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.

4.

Licensing Officer

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 applicant for a Premises Licence and their representative, from Greater Manchester Police, the Weights and Measurements authority and from an objector, Mr. D. Potts.

 

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 determining the application for a Premises Licence made under Section 17 of the Licensing Act of the Licensing Act 2003 for MRH Middleton, Oldham Road, Middleton, Manchester, M24 2LD.

 

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

a.     Grant the application as submitted; or

b.     Grant the application, with appropriate conditions; or

c.     Reject the application

 

The Licensing Sub-Committee has delegated authority to determine applications for Premises Licenses when representations have been made by Responsible Authorities or Interested Persons.

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:

Mr. D. Potts, an objector to the application was not in attendance at the Sub-Committee hearing but the written objections that he had submitted were carefully considered by the Sub-Committee’s membership.

6.

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:

Mr. R. Botkai addressed the Sub-Committee on behalf of the applicant, MRH Middleton.

7.

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 application for a Premises Licence, after which the respective parties were re-admitted to the meeting.

8.

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:

After careful consideration of the representations received and including those by the Objector, the Sub-Committee decided to grant the application, as amended by Greater Manchester Police and the Weights and Measures authority.

 

The matter for consideration was whether licensable activities and late night refreshments should be permitted on the premises.

 

In reaching the decision to grant the application, the Sub-Committee took into account that the Applicant was a very experienced operator of petrol stations with off-licenses and that were able to sell hot drinks.

 

There was no evidence to demonstrate that the Applicant would not promote the licensing objectives.

 

The Applicant had agreed conditions with Greater Manchester Police/Weights and Measures authority and noted the duplication of the conditions (at page 32 of the agenda pack – and the Sub-Committee agreed that the last two lines of that page be deleted) and in the event that the premises did not comply with the conditions or undermined the licensing objectives, there was the option for the premises license to be reviewed.

 

The Sub-Committee noted that there was inconsistency with the opening hours etc as relayed in the Licensing Agenda Report at page 10 which referred to planning issue. Mr. Botkai, on behalf of the applicant, assured the Sub-Committee that this will be looked into and will be discussed with the relevant planning department.

 

 

 

 

 

Councillor Shaun O’Neill

Chair – Licensing Sub-Committee

 

 

Please Note: There is a right to appeal within 21 days of the written decision being received

9.

Licensing Report - MRH Oldham Rd Middleton public pdf icon PDF 211 KB

10.

Confidential Appendix to Licensing Officer's report