Resolved - That Councillor Sue Taylor be appointed Chair for this meeting.

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 asked 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 Law, HR and Asset Management reported upon an application that had been received from Trading Standards for the review of a Premises Licence in respect of News and Booze, Borough Road, Birkenhead, under the provisions of the Licensing Act 2003.

The premises currently have a Premises Licence which allows the licensable activities as set out in the report.

A copy of the Premises Licence setting out the 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 Conditions of the Licence.
• Exclude a licensable activity from the scope of the Licence.
• Remove the Designated Premises Supervisor.
• Suspend the Licence for a period 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.

The application had been submitted by Trading Standards and the Trading Standards Manager advised that the grounds for review were in relation to the protection of children from harm following the sale of alcohol to persons under the age of 18 years during two test purchase operations at the premises since the licence was granted in February 2008.

John Malone, Trading Standards Manager attended the meeting together with Andrew Bushell, Senior Assistant Trading Standards Officer and Constable Cottrell, Police Licensing.

Mr Kullar, the Premises Licence Holder was also in attendance together with his Solicitor, Mr Johnson and Mr Nickson, Licensing Consultant.

The Licensing Officer reported that all documentation had been sent and received including further documentation submitted by Halsalls Solicitors which had been distributed to all parties.

Mr Malone referred to the representations he had made in which he had recorded a list of events of visits to the premises, advice given to staff and three failed test purchases, two in relation to alcohol and one in relation to tobacco.  He listed the key points of the interviews undertaken with members of staff at the premises and also referred to due diligence within the premises.  He asked that if Members did not revoke the Premises Licence that the Licence be suspended until all staff had been trained and also requested that a number of proposed conditions be attached to the Premises Licence.

Mr Malone and Mr Bushell responded to questions from Members of the Sub-Committee.

Mr Johnson felt that the Premises Licence Holder experienced language problems and as a result of this had not fully understood the invitations made by Trading Standards to attend training courses.

Mr Kullar, Premises Licence Holder responded to questions from Members of the Sub-Committee.

Mr Johnson reported that Mr Kullar had owned the premises for two and a half years and also had a shop in Conway Street which he had owned  ...  view the full minutes text for item 67.

The Director of Law, HR and Asset Management reported upon an application that had been received from Kanagasabai Shatthiyananthamoorthi for a Premises Licence in respect of TDS Convenience Store, 15-17 Albany Road, Rock Ferry, under the provisions of the Licensing Act 2003.

The application for the grant of a Premises Licence was for the following hours:

Supply of Alcohol

Monday to Sunday  08:00 to 23:00

Hours Open to the Public

Monday to Sunday  06:00 to 23:00

The applicant was required to submit an operating schedule setting out how they would conduct/manage their business in accordance with the four licensing objectives.  A copy of the full application was available.  Members were advised that the proposals set out in the operating schedule may become conditions of the licence should the licence be granted.

Two representations from local residents had been received in respect of this application.  The representations related to anti-social behaviour and public nuisance which was currently a problem within the vicinity of the premises.  A petition had also been received signed by 264 residents who were against the application.  The petition related to anti-social behaviour caused by individuals who were intoxicated by alcohol within the vicinity of the premises.  Copies of the representations and petition were available.

The applicant attended the meeting with his Agent, Mr Bowser, to outline the application.

Mrs Taylor, Mr Brassey and Mrs Fallon were also in attendance together with Councillor Chris Meaden who had been asked to represent the residents.

The Licensing Officer confirmed that all documentation had been sent and received.  The applicant’s agent reported that he wished to submit a letter from Merseyside Police.  Councillor Meaden advised that she had no objections to the letter being submitted and it was therefore taken into consideration by Members of the Sub-Committee.

The applicant’s agent addressed the Sub-Committee and explained that the applicant had another business within the vicinity and had had no problems with this business.  He reported that the applicant had held a Personal Licence for five years.  He advised that the applicant understood the concerns of local residents and would be a responsible retailer and train staff accordingly.  He reported that after consultation with Merseyside Police the applicant had amended the hours for the Supply of Alcohol as set out above.  He informed Members that the applicant was very vigilant in his present premises and wanted residents to know he was serious and wanted to create employment for his family.

The applicant and his agent responded to questions from Members of the Sub-Committee.

Councillor Meaden informed Members that she was very concerned due to the high levels of underage sales and anti-social behaviour in the area.  She reported that the premises were situated in a high residential area and opposite a primary school and referred to the petition which had been signed by almost 300 residents.  She felt that if the application was granted the area would be saturated with similar outlets.  She advised Members that she had spoken to Merseyside Police  ...  view the full minutes text for item 68.