Agenda and minutes

Agenda and minutes

Licensing Sub Committee Hearing Panel - Thursday, 11th April, 2019 10.00 am

Venue: Council Antechamber, Level 2, Town Hall Extension. View directions

Contact: Beth Morgan 

Items
No. Item

64.

Application for a Review of a Premises Licence for Neighbourhood Manchester, The Avenue North, Manchester, M3 3BZ. pdf icon PDF 343 KB

The report of the Head of Planning, Building Control and Licensing is attached.

Additional documents:

Minutes:

The Committee have listened very carefully to the evidence put before them today and have also considered the written documentation provided and the CCTV footage they have viewed.

 

In reaching its decision the Committee have also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made thereunder and the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives in particular crime and disorder and public safety.

 

When making their decision the Committee have considered section 53C of the Licensing Act 2003 which sets out below the steps they can take (if any), if they consider it appropriate for the promotion of the licensing objectives.


53C Review of premises licence following review notice

 

(1) This section applies to a review of a premises licence which a relevant licensing authority has to conduct on an application under section 53A.

(2) The relevant licensing authority must-

(a) hold a hearing to consider the application for the review and any relevant representations; [ and] 

(b) take such steps mentioned in subsection (3) (if any) as it considers [appropriate]  for the promotion of the licensing objectives [.]  [...] 

[...] 

(3) Those steps are-

(a) the modification of the conditions of the premises licence,

(b) the exclusion of a licensable activity from the scope of the licence,

(c) the removal of the designated premises supervisor from the licence,

(d) the suspension of the licence for a period not exceeding three months, or

(e) the revocation of the licence.

 

The Committee also remind themselves of why summary reviews are brought and refer to section 12.2 of the Section 182 guidance which states:

“….The powers are aimed at tackling serious crime and serious disorder, in particular (but not exclusively) the use of guns and knives. The powers complement the general procedures in the 2003 Act for tackling crime and disorder associated with licensed premises and should be reserved for the most serious matters which cannot be adequately or otherwise redressed unless urgent action is taken.”

 

The Committee are very concerned that this premises finds itself again back before the Committee just over 12 months since their licence was reviewed following another expedited review where the use of a knife has been used by customers in attendance at the premises and a bottle used by a member of door staff which resulted in a serious injury to a male. Both these incidents demonstrate the extreme levels of violence used by customers/ door staff at the premises.

 

In addition the Committee considered the conditions that were imposed following the previous review.

 

The Committee have serious concerns as to the level of violence that has occurred on these two separate occasions at the premises and further are concerned with the clientele that are frequenting the premises in particular members of organised crime gangs. The Committee are satisfied on the evidence that this premises is associated with serious crime and serious disorder.

 

The Committee are deeply concerned  ...  view the full minutes text for item 64.