Agenda and minutes

Contact: Peter Thompson  Senior Committee Services Officer

Items
No. Item

1.

Appointment of Chair

Minutes:

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

(Councillor Shakil Ahmed in the Chair)

2.

Procedures for Hearings Under the Licensing Act 2003 pdf icon PDF 101 KB

The Chair will introduce members of the Licensing Sub-Committee and officers present and invite the applicant and any other parties present to introduce themselves. The Chair will then outline the procedure to be followed at the meeting.

Minutes:

The Chair advised that the Sub-Committee had been convened to assist in the determination of an application for a Premises Licence made under

Section 17 of the Licensing Act 2003, for Saver Mart, 94 Kirkway, Middleton, Manchester, M24 1EN.

 

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.

3.

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.

4.

Licensing Officer pdf icon PDF 296 KB

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 the hearing. The submitted report included representations received from the applicant for a Premises Licence and their representative and from a number of objectors to the application.

 

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 Saver mart, 94 Kirkway, Middleton, Manchester, M24 1EN.

 

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. Edwards and Mr. D. Spurway addressed the Sub-Committee outlining their objections to the application.

 

Written representations from various other objectors but who were not in attendance at the meeting were carefully considered by the Sub-Committee’s membership.

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:

The Applicant, Mr. Sarfraz Ahmed and his representative, Ms. J. Clark, both addressed the Sub-Committee in support of the application.

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 meeting and the decision of the sub-committee will be verbally communicated.

 

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 Licensing Sub-Committee has had regard to the Statutory Guidance issued under s182 of the Licensing Act 2003, Rochdale Council’s own Licensing Policy and the Licensing Act 2003.

 

The Licensing Sub-Committee has considered the representations made by both the Applicant and Interested Parties, including those in writing. Representations were made by the Weights and Measures Authority which were agreed between the Applicant and the Weights and Measures Authority as set out at Page 39 - 41 of the Licensing Sub-Committee Agenda Pack.

 

The Licensing Sub-Committee were informed that there had been no representations made by Greater Manchester Police.

 

Whilst the Licensing Sub-Committee has noted the concerns raised by the Interested Parties (residents) and further that existing licenced premises already exist in the vicinity of the premises, the Licensing Sub-Committee was not persuaded to reject the application.

 

Rochdale Borough Council does not have a Cumulative Impact Policy and therefore the Licensing Sub-Committee must consider each application on its own merits and cannot take into consideration the number of licenced premises in a locality when determining the application. The Statutory Guidance states that shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption OFF the premises at any time when the shop is open for business unless there are good reasons based on the Licensing Objectives for restricting those times.

 

The Licensing Sub-Committee considered the steps to be taken by the Applicant as set out in the application (and as relayed at the Sub-Committee in that opening hours will be amended to 06:00 to 22:00hrs Monday to Sunday) and in adjunct with the conditions agreed with the Weights and Measures Authority which should address the concerns stated and promote the four Licensing Objectives.

 

Therefore, the Licensing Sub-Committee grants the application for a Premises Licence for the supply of alcohol for Saver Mart, 94 Kirkway, Middleton.

 

The applicant is strongly advised to make contact with Rochdale Borough Council’s Planning Services to ensure the current planning hours the premises is subject to coincides with that of the granted licensable hours. The applicant is reminded that the premises licensing operational hours do not supersede any planning permission/hours and restrictions and may be subject to planning enforcement intervention if found to be non-compliant”.

 

 

Councillor Shakil Ahmed: Chair – Licensing Sub-Committee

 

Please note that any party wishing to appeal this decision should do so in writing to Manchester and Salford Magistrates’ Court, Crown Square, Manchester, M60 1PR within 21 days of the decision.