Now contains additional information from GMP.

The Hearing Panel considered a report from the Director of Planning, Building Control and Licensing concerning an application for a New Premises Licence. The Hearing Panel considered the written papers of the parties submitted and the oral representations of the parties who attended, as well as the relevant legislation.

A notice was received under section 37(5) Licensing Act 2003 in respect of the above application. GMP had given notice of their objection to the proposed Designated Premises Supervisor (DPS) as they believed that the appointment would undermine the crime prevention objective. The applicant did not attend the hearing.

GMP invited the Sub-committee to proceed with the application in the Applicant’s absence and explained that no explanation had been provided by the Applicant why he was not able to attend the hearing. GMP advised the Sub-committee that a decision not to proceed on the day of the hearing would cause serious prejudice as they want this person removed.

The Sub-committee checked with the Licensing department who confirmed that the Applicant had been advised of the hearing date by email and had been asked prior to the hearing whether he planned to attend. The Applicant had not responded. The Sub-committee was satisfied that the Applicant was aware of the hearing; had not provided any explanation for his absence and was also mindful that no application had been made by the Applicant to defer the hearing. The Sub-committee subsequently agreed to proceed with the hearing in the Applicant’s absence.

The Sub-committee was advised by GMP that the current Premises Licence Holder (PLH) wishes to apply to be the DPS at the premises. The Sub-committee was told that he had previously applied in January 2024 to become the DPS, however his application had been refused. The Sub-committee was advised that the premises licence for this premises and, as such the Applicant, were subject to review proceedings which were applied for by Manchester City Council’s Licensing and Out of Hours Team (LOOH) due to the following serious issues:

1. Persistent refusal from the Licence Holder to comply with the hours and multiple conditions of the licence.
2. Refusal by the Licence Holder to provide CCTV in line with conditions and in connection with allegations of unauthorised licensable activities.
3. Complaints received by members of the public relating to nuisance and licensing offences.
4. Offences being committed under the Health Act 2006 relating to smoke free legislation.
   
   

The review hearing took place on 22nd January 2024 and, as a result of this hearing, the Premises Licence was revoked. This decision was appealed by the PLH and therefore the licence is still live and able to be traded on, pending the outcome of the appeal. Since the date of the revocation and subsequent appeal application there have been more offences discovered by the Council’s LOOH Officers. LOOH Officers visited on 1 October 2024 to make the Applicant aware that his DPS had resigned. He was found to be smoking shisha with another male in the conservatory whilst it was substantially enclosed  ...  view the full minutes text for item 69.

The report of the Director of Planning, Building Control and Licensing is enclosed.

The Hearing Panel were informed that all remaining representations had been agreed and withdrawn, therefore no decision was necessary.

The report of the Director of Planning, Building Control and Licensing is enclosed.

The Hearing Panel were informed that all remaining representations had been agreed and withdrawn, therefore no decision was necessary.

The report of the Director of Planning, Building Control and Licensing is enclosed.

The Hearing Panel noted that since the publication of the papers for this hearing, agreement had been reached on the outstanding representation on the application. The matter was therefore withdrawn from the agenda in view of the application having been granted.