Agenda and minutes

Licensing, Environment & Safety Sub-Committee B
Wednesday, 29th March, 2017 6.00 pm

Venue: Committee Room 1, Town Hall. View directions

Contact: Damian Eaton  (0161 474 3207)

Items
No. Item

1.

Minutes pdf icon PDF 50 KB

To approve as a correct record and sign the Minutes of the meeting held on 19 December 2016.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 19 December 2016 were approved as a correct record and signed by the Chair.

2.

Exclusion of the Public and the Public Interest Test

To consider whether it is in the public interest to exclude the public during consideration of Agenda item 5 (Licensing Act 2003: Application for a Personal Licence)  as the report contained information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

RESOLVED – That the public be excluded from the meeting during the consideration of agenda item 5 – ‘Application for a Personal Licence’ to prevent the disclosure of information relating to an individual in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005.  It would not, on balance, be in the public interest to disclose this information because disclosure of the personal information would not be fair to the applicant and would breach their data protection rights and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

3.

Declarations of Interest

Councillors and officers are invited to declare any interests which they have in any of the items on the agenda for the meeting.

Minutes:

No declarations were made.

4.

Public Question Time

Members of the public are invited to put questions to the Chair and members of the Sub-Committee on any matters within the powers and duties of the Sub-Committee, subject to the exclusions set out in the Code of Practice. (Questions must be submitted prior to the commencement of the meeting on the cards provided.  These are available at the meeting).

Minutes:

No public questions were submitted.

5.

Licensing Act 2003: Application for a Personal Licence

To consider a report of the Corporate Director for Place Management & Regeneration.

 

The report details an application for a personal licence.

 

The Sub-Committee is recommended to consider the application.

 

Officer contact: Sarah Tooth on 0161 474 4176, email: sarah.tooth@stockport.gov.uk

 

Additional documents:

Minutes:

A representative of the Corporate Director for Place Management & Regeneration submitted a report (copies of which had been circulated) requesting the Sub-Committee to consider an application for a personal licence to authorise and supervise the sale of alcohol.

 

In accordance with Section 120(4) of the Licensing Act 2003, the Licensing Authority notified Greater Manchester Police that the applicant had convictions for a relevant offence as is defined in Schedule 4 of the Act.   In such circumstances, the Police if satisfied that granting of the Licence would undermine the crime prevention objective, must state the reasons why they are so satisfied.  A notice of objection on the grounds of the nature of previous convictions had been received from Greater Manchester Police.

 

The applicant and representatives of Greater Manchester Police attended the meeting and answered Councillors’ questions in relation to the application.

 

The Sub-Committee, having heard both interested parties, proceeded to consider the prevention of crime and disorder licensing objective in respect of the application, together with the relevant parts of the Council’s Licensing Policy and the guidance from the Department for Culture, Media and Sport.  However, the decision was reached on consideration of all the arguments given in relation to this specific application.

 

RESOLVED - That having heard all the evidence presented by both the applicant and Greater Manchester Police, and having considered the applicant’s relevant unspent convictions for serious criminal offences in 2001 relating to fraud and dishonesty, and the Sub-Committee being unable to establish that the applicant did not have a propensity to reoffend as result of the subsequent conviction in 2009, the Sub-Committee refused the application on the ground that to grant a personal licence to the applicant would consequently undermine the prevention of crime and disorder licensing objective.