Agenda and minutes

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Contact: Peter Thompson  Senior Committee Services Officer

Items
No. Item

9.

Appointment of Chair

Minutes:

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

10.

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.

11.

Procedures 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 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.

12.

Licensing Officer pdf icon PDF 86 KB

The Licensing Officer will present the report relating to the Infinity Restaurant and Bar, 1 Market Place, Middleton

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 and from representatives of 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 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 the sale of alcohol by retail from the scope of the licence;

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

d.    Consider the suspension of the licence

 

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

13.

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

 

Councillor S. Rowbotham, a North Middleton Ward member addressed the Sub-Committee in relation to this matter.

14.

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. Ammer Tufail addressed the Sub-Committee on behalf of the Premises Licence Holder of the Infinity Restaurant and Bar, 1 Market Place, Middleton.

15.

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.

16.

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:

The Sub-Committee having considered very carefully all the oral and written submissions, from all the parties and accepted that every opportunity had been given for all of the parties to fully express their views, the Sub-Committee continues to have concerns regarding the overall management of Infinity Restaurant and Bar, especially the concerns regarding SIA door staff, the closing times of the premises and in particular the issues surrounding the CCTV systems.

 

The Sub-Committee recognises that a number of serious incidents have taken place, namely on 21st December 2019 and 22nd December 2019, of which the incident on 21st December 2019 three people were detained and charged with criminal offences and are due to be dealt with at the Magistrates Court.

 

The Sub-Committee acknowledged the need to reach a decision, which is proportionate. Given all of these issues the Sub-Committee, having carefully considered all of the options available, decided to the suspension of the Premises Licence, with immediate effect, until a full review of the Premises Licence is determined.

 

 

 

Councillor Phil Burke – Chair of the Licensing Sub-Committee