Agenda and minutes

To receive any declarations of interest from Members of the Panel.

There were no declarations of interest.

That under Section 100A of the Local Government Act 1972 (as amended) the public be excluded for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 2 and 3 of Part 1 of Schedule 12A of the Act and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, because disclosure of the personal information contained in the reports would not be fair to the applicant and would therefore be in breach of Data Protection principles.

RESOLVED:

That under Section 100A of the Local Government Act 1972 (as amended) the public were excluded for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule 12A of the Act and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, because disclosure of the personal information contained in the reports would not be fair to the applicant and would therefore be in breach of Data Protection principles.

To determine the application for a premises licence.

The Assistant Director of Operations and Neighbourhoods submitted a report requesting that the Panel determine a premises licence application for Acre Street Mini Market, 21 Acre Street, Denton under Section 18(3) of the Licensing Act 2003.

The Panel considered the information that had been submitted and heard from the Regulatory Services Manager who advised that the Licensing Authority had received a premises licence application for Acre Street Mini Market seeking authorisation for the sale of alcohol for consumption off the premises from 11:00 – 22:00 Sunday to Thursday and 11:00 – 22:30 on Friday and Saturday.  Acre Street Mini Market was a former licensed premises and the licence had been held by the applicant’s spouse.  Following a history of non-compliance the licence had been revoked by the Speaker’s Panel (Liquor Licensing) on 27 September 2017.  Representations had been received against the application from Tameside MBC Licensing Authority, Tameside MBC Trading Standards and Greater Manchester Police in their role as a responsible authority.

The applicant and their representative attended the hearing and addressed the Panel.  Following their case they answered questions from the Panel.

The three representatives then addressed the Panel in turn and answered questions from the Panel.

At this juncture the applicant, their representative, the Regulatory Services Manager and the three representatives from the responsible authorities left the meeting whilst the Panel deliberated the application.  The Solicitor to the Panel and the Senior Democratic Services Officer remained in the meeting to give legal and procedural advice and took no part in the decision making process.

The Panel considered the evidence that had been submitted by all parties, the applicant’s case, the representations, questions and answers.  In determining the application the Panel had to take such steps in accordance with Section 18 of the Licensing Act 2003 as it considered appropriate for the promotion of the licensing objectives.

The Panel did not have sufficient confidence from what they had heard that the applicant had demonstrated the ability at this moment in time to meet the licensing objectives required under the Licensing Act 2003.  The evidence that was presented demonstrated a lack of understanding of the licensing requirements and objectives.  Therefore they determined that the application for a premises licence in respect of Acre Street Mini Market, 21 Acre Street, Denton be refused.

RESOLVED:

That the premises licence application for Acre Street Mini Market, 21 Acre Street, Denton be refused.