Resolved -

(1)  That Councillor Bob Wilkins be appointed Chair for the morning session to consider the applications regarding Hoylake General Stores and J & P Off Licence.

(2)  That Councillor John Salter be appointed Chair for the afternoon session to consider the application regarding the Farmers Arms.

Members are asked to consider whether they have personal or prejudicial interests in connection with any item(s) on this agenda, and, if so, to declare them and state what they are.

Members were requested to consider whether they had any personal or prejudicial interests in connection with any items on the agenda and, if so, to declare them and state what they were.

No such declarations were made.

The Director of Regeneration reported upon an application that had been received from Trading Standards to review a Premises Licence in respect of Hoylake General Stores, Hoylake Road, Birkenhead under the provisions of the Licensing Act 2003.

John Malone, Trading Standards Manager attended the meeting together with Sergeant Peers, Police Licensing Sergeant.

The Licensing Officer reported that the Designated Premises Supervisor was unable to attend the meeting due to illness and that the Premises Licence Holder was out of the country.

John Malone reported that he had no objections to this matter being adjourned.

Resolved - That this matter be adjourned to a date to be arranged in September 2009.

The Director of Regeneration reported upon an application that had been received from Trading Standards for the review of a Premises Licence in respect of J & P Off Licence, 119 King Street, Wallasey, under the provisions of the Licensing Act 2003.

J & P Off Licence currently had a Premises Licence which allowed the following licensable activity:

Supply of Alcohol

Monday to Saturday  08:00 to 23:00

Sunday  10:00 to 22:30

A copy of the Premises Licence setting out the above hours and conditions attached to the Licence was available.

The Director advised that the Sub-Committee may, having regard to the application for review and any relevant representations, take such of the following steps as it considered necessary for the promotion of the licensing objectives:

• Modify the Licence conditions.
• Exclude a licensable activity from the scope of the Licence.
• Remove the Designated Premises Supervisor.
• Suspend the Licence for a period of not exceeding three months.
• Revoke the Licence.

The licensing authority may decide that no action would be necessary if it found that the review did not require it to take any steps necessary to promote the licensing objectives.

John Malone, Trading Standards Manager attended the meeting together with Sergeant D Peers, Police Licensing and advised that the grounds for review were in relation to the protection of children from harm following an underage sale taking place at the premises.

Merseyside Police had made a representation in support of the application by Trading Standards which related to the protection of children from harm.  A copy of the representation was available.

Mr Miah, the current Designated Premises Supervisor and Premises Licence Holder attended the meeting.

The Licensing Officer reported that further to the review being issued, the Premises Licence Holder had changed therefore both were invited to attend the meeting, however the previous Premises Licence Holder was unable to attend.

Mr Malone reported that the case against the previous Premises Licence Holder had been heard at court and he therefore had extra evidence regarding the prosecution.

Mr Miah had no objections to this evidence being submitted.

Mr Malone outlined the reasons for the review in that there had been one sale of alcohol from the premises to a 14 year old volunteer.  The store did not operate a refusals log and no training was in place.  Mr Malone reported that he sought additional conditions to be attached to the Premises Licence which he had outlined in his report.

Mr Miah reported that he would be prepared to accept the proposed conditions.

Sergeant Peers reported that Merseyside Police were in support of the review however there had subsequently been a change in management at the premises therefore he was satisfied regarding the running of the premises and supported the proposed conditions by Trading Standards.

Mr Miah responded to questions from Members of the Sub-Committee, Sergeant Peers and Mr Malone.

Members of the Sub-Committee considered evidence presented by Trading Standards and Merseyside Police relating to alcohol being sold to under aged persons which  ...  view the full minutes text for item 4.

The Director of Regeneration reported upon an application that had been received from Merseyside Police for the review of a Premises Licence in respect of the Farmers Arms, 43 New Chester Road, New Ferry, under the provisions of the Licensing Act 2003.

The premises currently hold a Premises Licence which allowed the following licensable activities:

Supply of Alcohol

Monday to Saturday  11:00 to 00:00

Sunday  12:00 to 23:30

Hours Open to the Public

Monday to Saturday  11:00 to 00:30

Sunday  12:00 to 00:00

Regulated Entertainment (Live Music and Recorded Music)

Monday to Saturday  11:00 to 00:00

Sunday  12:00 to 23:30

Entertainment Facilities (Entertainment Facilities of a Similar Description)

Monday to Saturday  11:00 to 00:00

Sunday  12:00 to 23:30

A copy of the Premises Licence setting out the above hours and conditions attached to the licence was available.

The Director advised that the Sub-Committee may, having regard to the application for review and any relevant representations, take such of the following steps as it considered necessary for the promotion of the licensing objectives:

• Modify the Licence conditions.
• Exclude a licensable activity from the scope of the Licence.
• Remove the Designated Premises Supervisor.
• Suspend the Licence for a period of not exceeding three months.
• Revoke the Licence.

The licensing authority may decide that no action would be necessary if it found that the review did not require it to take any steps necessary to promote the licensing objectives.

Sergeant Peers attended the meeting together with Rita Jones, Police Licensing and advised that the grounds for review were in relation to the prevention of crime and disorder and public nuisance following a number of incidents of disorder occurring at the premises over the past 12 months.

Mr Ashcroft, Solicitor representing the Farmers Arms attended the meeting together with Mr Wilson-Jones, Area Manager, Mr Lewis, Designated Premises Supervisor and Mr Whitby, Manager.

The Licensing Officer confirmed that all notices had been sent and received and no additional documentation had been submitted.

Sergeant Peers requested that he submit two statements which he had received that morning.  Mr Ashcroft had no objections to these being submitted, therefore they were taken into consideration at the hearing.

Sergeant Peers reported that the premises were not being properly managed which had resulted in incidents of crime and disorder and public nuisance.  He reported upon a number of incidents that had occurred at the premises since July 2008 which included a major Police incident involving a number of officers on 18 December 2008.  He also expressed his concern regarding a letter he had received stating that the Designated Premises Supervisor had left and who had a key role within the Licensing Act.

Sergeant Peers concluded that the incidents that had occurred at the premises over the last 12 months had undermined the licensing objective of crime and disorder.  He felt that the premises required effective management and that out of hours drinking had been a common and regular feature.  Sergeant Peers suggested that there were grounds for revocation of  ...  view the full minutes text for item 5.