Agenda and minutes

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Contact: Peter Thompson  Senior Committee Services Officer

Items
No. Item

1.

Appointment of Chair

Minutes:

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

Councillor Burke in the Chair

2.

Procedures for Hearings Under the Licensing Act 2003

The Chair will introduce members of the Licensing Sub-Committee and officers present and invite the applicant and other parties to introduce themselves.

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 the Lekki Lounge, 3 Market Place, Middleton, Manchester, M24 6AE.

 

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 342 KB

The Licensing Officer will present the report

Additional documents:

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, from representatives of Greater Manchester Police and from the Council’s Environmental Health service.

 

In determining the application, the Sub-Committee 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 determination of an application for grant of a Premises Licence in respect of the Lekki Lounge, 3 Market Place, Middleton, Manchester, M24 6AE.

 

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

a.     grant the application;

b.     grant the application, with appropriate conditions;

c.     reject the application.

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:

PC. G. Grennan addressed the Sub-Committee on behalf of Greater Manchester Police, outlining their objections to the grant of a Premises Licence in respect of this property.

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. Stanley Osademe-Patrick addressed the Sub-Committee in support of the grant 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 grant of 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:

The Licensing Sub-Committee, in determining the application gave due 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 application before the Licensing Sub-Committee was for the grant of a new premises licence of Lekki Lounge, 3 Market Place, Middleton M25 6AE.The application was dated 9th July 2021 and had been made by Mr Stanley Osademe-Patrick.

 

Representations on the application were received from Greater Manchester Police, Weights and Measures Authority and Rochdale borough Council’s Environmental Health Service and accordingly the matter was referred to the Sub-Committee for determination.

 

Conditions had been agreed with the Weights and Measures Authority and with the Council’s Environmental Health Service and their representations had therefore been withdrawn.

 

The Sub-Committee listened to all the evidence and submissions and the Members had read all the material.

 

The Sub-Committee reached its decision having given due consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.

 

The Sub-Committee had, prior to its meeting, undertaken a site visit of the premises on Tuesday, 24th August 2021 at 10.30am accompanied by Officers of both the Council’s Licensing Section and Legal Service (Trainee Solicitor).

 

The Sub-Committee heard details from the applicant about the about the responsibilities of running a licence premises and his previous experience.

 

The Sub-Committee heard from Greater Manchester Police that their main concern was having confidence that the applicant would promote the licensing objectives.  The police relayed that the premises were considered to be a problem and had highlighted past incidents in December 2019 and January 2020. The Applicant had not engaged with Greater Manchester Police, save on three brief occasions and the application was not clear in detail regarding the promotion of the licensing objectives and therefore should be refused.

 

With all of the information before them, the Sub-Committee did not consider that they have sufficient confidence in the applicant’s ability to promote the licensing objectives, and accordingly refused the application.

 

The Licensing Sub- Committee had no confidence that the Applicant would manage these premises effectively in a way which would uphold the Licensing Objectives.

 

In deciding to refuse the application, the Sub-Committee did not feel that there were any conditions that could be added to overcome their concerns as to the ability of the applicant to promote the licensing objectives, nor do they consider that excluding any of the licensable activities would address their concerns.

 

The Committee therefore considered it appropriate and proportionate to refuse the application.

 

Councillor Phil Burke: 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.