Agenda item

Consideration was given to a report of the Principal Licensing Officer which asked the Panel to determine an application for the grant of a premises licence in respect of Coldhurst Off Licence, 162 Chadderton Way, Oldham,

OL1 2EW.

The Panel was informed that on 30th September 2021 the applicant, Taj Ahmed, applied for the grant of a premises licence for Coldhurst Off Licence. The last date for representations in relation to this application was 28th October 2021. Representations had been received and were atttached at Appendix 3 to the report.

The Panel were asked to consider the Authority’s Licensing Policy Statement. Their attention was drawn to Section 6 – Crime & Disorder, Section 7 – Public Safety and Section 8 – Public Nuisance. They were also asked to consider the statutory guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003.

The Panel were reminded that the steps available to them were:

a.    Grant the application as applied for

b.    Grant the application but modify the operating schedule in relation to hours, days, conditions, or activities

c.    Reject the application

The steps taken that were appropriate to promote the licensing objectives should be specified. If none of the steps were appropriate and proportionate, no action should be taken.

In arriving at a decision Members must have regard to the relevant provisions of national guidance and the licensing policy statement and reasons must be given for any departure. The decision should be based on the individual merits of the application.

The Panel heard from the applicant, who informed them that the licensed area in the shop would be very small and the amount of sales would not cause any issues.

There were no questions for the applicant.

The Panel heard representations from the public. A statement was read out on behalf of the local mosque which outlined the local concerns about a rise in crime and disorder, a rise in anti-social behaviour and a reduction in the local quality of life. The reduction in the number of police officers would reduce their ability to deal with any incidents. There had been incidents of anti-social behaviour and the local children’s play areas were used for drinking by youths. This was a deprived community, already affected by Covid, which had a higher than average number of alcohol-related deaths. An alcohol licence would be a setback to the local community and would contribute to crime and disorder.

The Panel were informed that there were residential flats above the shop and a school nearby. When the shop had previously been open till late at night, there had been youths hanging around and the police had often been called. A petition in objection had been submitted, with over 1000 signatures.

There had previously been complaints about loud music from the shop causing disturbance to the people living above and nearby. The concerns were that, if the shop sold alcohol till late, it would attract youths to the area, who would remain there drinking and causing noise and disturbance. There were also concerns about under-age sales and the need to keep children from harm.

There were no questions for those making representations.

The applicant and those making representations summarised their evidence and submissions. 

At this point in the proceedings the Panel, in accordance with Regulation 14 (2) of the Licensing Act 2003 (Hearings) Regulation 2005, moved into private session. In reaching 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.

RESOLVED that having regard to the statutory licensing objectives, in particular the prevention of public nuisance, it was appropriate for the premises licence to be granted, subject to the supply of alcohol being permitted between 12.00 noon and 10.00 pm Monday to Sunday

The reasons given were that the Panel had considered the application and the objections made and had noted that the premises was in a densely populated area.