Agenda item

Consideration was given to a report of the Principal Licensing Officer which informed the Panel of an application for the variation of a club premises certificate in respect of Shaw Cricket Club, Holebottom Clough, Mark Lane, Shaw, OL2 8QG, which, due to representations being received had been referred to the Panel for determination.

The Panel was advised that on the 14th July 2021, Shaw Cricket Club had applied for the variation of a club premises certificate.  Details of the proposed variations were as follows:

Add the following licensable activities to the existing club premises certificate:

In addition to the above permitted activities, the club also sought to extend the hours for their club premises certificate to provide existing licensable activities as outlined in the table below.

A copy of the application and proposed plan were attached to the report at appendix 1.  A copy of a location map was attached to the report at Appendix 2.

The panel was advised that following submission and advertisement of the application, representations had been received, which were attached to the report for information at Appendix 3.

The panel was further advised that in addition to the representations against the application, there had also been representations of support.   Details of representations of support were attached to the report at Appendix 4.

The panel was further advised that following consultation with Greater Manchester Police, Environmental Health and the Licensing Service, their respective representations had been withdrawn when the applicant had agreed to incorporate proposed conditions on the premises licence.  Details of the proposed conditions were outlined within the report.

The Principal Licensing Officer summarised the evidence and submissions.

In considering the application for the variation, the panel considered the

information presented by the Council’s Environmental Protection Service, Public Protection Officers, and representations from Mr Steve Whiston, Shaw Cricket Club, Mrs Lisa Smirk and Mrs Audrey Walker (local residents) and Mr Anthony M Horne, Solicitor (representing the local resident objectors)

Following submissions by the Council’s Environmental Protection Service, Public Protection Officers and representations from Mr Whiston, Mrs Smirk and Mrs Walker, the Panel retired to seek legal advice in accordance with Regulation 14 (2) of the Licensing Act 2003 (Hearings) Regulation 2005, moved into private session. In reach a decision, the panel took into account the relevant provisions of National Guidance and the Council Licensing Policy Statement with reference to the prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm.

The Chair advised those present that the panel had taken into account the Secretary of State’s guidance and the Council’s Licensing Policy and the four licensing objectives, in particular the prevention of public nuisance.

RESOLVED –

That the application for a variation of a Club Premises Certificate in relation to Shaw Cricket Club, Holebottom Clough, Mark Lane, Shaw, OL2 BQG be granted subject to the conditions specified in paragraph 4.2 of the report with the following amendment:

An exception to the 11pm curfew for music shall be allowed only on New Year’s Eve and at no other time.  On New Year’s Eve, subject to the preceding condition, the playing of recorded music only shall be allowed until 12.30am on 1st January the following year and also subject to the following variations to the hours requested by the applicant.