Agenda and draft minutes

Venue: Committee Room 2 - Wallasey Town Hall. View directions

Contact: Anne Beauchamp 

Items
No. Item

74.

APPOINTMENT OF CHAIR

Minutes:

Resolved -

 

(1)  That Councillor Sue Taylor be appointed Chair for this meeting.

 

(2)  That Councillors Sue Taylor, Gerry Ellis and Don McCubbin consider the application in respect of 218-220 Wallasey Village, Wallasey.

 

(3)  That Councillors Sue Taylor, Steve Niblock and Don McCubbin consider the application in respect of Kelsie’s, 3-7 Wilbraham Street, Birkenhead.

 

(4)  That Councillors Sue Taylor, Steve Niblock and Bill Davies consider the application in respect of Wawel, 14 Oxton Road, Birkenhead.

75.

MEMBERS' CODE OF CONDUCT - DECLARATIONS OF INTEREST

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.

Minutes:

Members were asked to consider whether they had 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.

76.

218-220 WALLASEY VILLAGE, WALLASEY pdf icon PDF 78 KB

Minutes:

The Director of Law, HR and Asset Management reported upon an application that had been received from Laura Colebourne for the grant of a Premises Licence in respect of 218-220 Wallasey Village, Wallasey, under the provisions of the Licensing Act 2003.

 

The premises, previously known as ‘The Local’ had a Premises Licence which was surrendered in August 2010.  The application for the grant of a Premises Licence was for the following hours:

 

Supply of Alcohol

 

Sunday to Saturday  08:00 to 23:00

 

Hours Open to the Public

 

Sunday to Saturday  08:00 to 23:00

 

As part of their application, applicants were requested to submit an operating schedule which sets out how they would conduct/manage their business in accordance with the four licensing objectives.  A copy of the full application was available.

 

Four representations had been received from local residents in respect of this application.  The representations related to anti-social behaviour and public nuisance which was a problem when the premises previously had a Premises Licence.  The representations also related to anti-social behaviour which was currently a problem within the vicinity of the premises.  Copies of the representations were available.

 

A representation had also been received from Ward Councillors Kate Wood, Lesley Rennie and Paul Hayes.  The representation supported the concerns expressed by local residents.  A copy of the representation was available.

 

Merseyside Police had also made a representation concerning the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm and in response to this letters had been received from the applicant’s legal representative.  A copy of the representation and the letters were available.  No other representations had been received from any of the other responsible authorities.

 

The applicant, Laura Colebourne attended the meeting together with Mr Chahal and Mr Chohan, Solicitor.

 

Councillor Paul Hayes, Sergeant P Jenkins and local residents Mr Edgar, Mr Delamere and Mr Jones were also in attendance.

 

The Licensing Officer confirmed that all documentation had been sent and received and that a representation had been received just outside of the consultation period, Mr Chohan had no objections to the latter representation being considered by Members and it was therefore distributed to all parties.

Mr Chohan addressed the Sub-Committee on behalf of the applicant.  He referred to the objections raised and pointed out that the objections related to Mr Chahal who was the person funding the premises.  He informed Members that Mr Chahal would be bringing business to the area and felt that this would be more acceptable than a derelict building.  He reported that the applicant held a Personal Licence and had experience of running an off licence as she had worked with Mr Chahal for ten months.  He gave details of measures that would be put in place if the licence were to be granted such as an age check policy, till prompts, shutters at the rear of the premises, CCTV, door security staff and staff training.

 

Mr Chohan, Ms Colebourne and Mr Chahal responded  ...  view the full minutes text for item 76.

77.

KELSIE'S, 3-7 WILBRAHAM STREET, BIRKENHEAD pdf icon PDF 70 KB

Minutes:

The Director of Law, HR and Asset Management reported upon an application that had been received from Merseyside Police for the review of a Premises Licence in respect of Kelsie’s, 3-7 Wilbraham Street, Birkenhead, under the provisions of the Licensing Act 2003.

 

The premises currently have a Premises Licence which had been granted under delegated authority on 21 June 2010 and 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 Licensing Sergeant advised that the grounds for review were in relation to the prevention of crime and disorder as Merseyside Police believed that the premises were encouraging excessive drinking which had resulted in a number of incidents of violence.

 

Sergeant Jenkins attended the meeting.

 

Mrs Y McGinn, former Designated Premises Supervisor and Mr M Hellon, lease holder, were also in attendance.

 

The Licensing Officer confirmed that all documentation had been sent and received and clarified to Members that Ms McGinn was the Licence Holder and Designated Premises Supervisor when the application was received, however she had since requested that she be removed as Designated Premises Supervisor.

 

Sergeant Jenkins advised that the grounds for review were in order to address increasing problems at the premises.  He reported that the premises had been subject to a Closure Notice in December 2010 following an incident that had occurred on the 18 November 2010.  Sergeant Jenkins informed Members of the details of the incident which had resulted in a male requiring hospital treatment and five arrests being made.  He further reported that Mr Hellon had since been arrested for perverting the course of justice further to this incident and that the CCTV had been seized on 23 December 2010 as it had not been produced and appeared to have been wiped.  Sergeant Jenkins maintained that a crime scene of a serious nature had been seriously compromised.  Sergeant Jenkins informed Members of further details of incidents that had occurred at the premises since it had opened on 23 July 2010 including an irresponsible drinks promotion and reported that since the premises had opened there had been six arrests made, two people had been assaulted by doormen and there had been two incidents involving bottles.  He believed that the premises had been run irresponsibly and that problems would continue unless sanctions were taken  ...  view the full minutes text for item 77.

78.

WAWEL, 14 OXTON ROAD, BIRKENHEAD pdf icon PDF 76 KB

Minutes:

The Director of Law, HR and Asset Management reported upon an application that had been received from Marcin Szostak for the grant of a Premises Licence in respect of Wawel, 14 Oxton Road, Birkenhead, under the provisions of the Licensing Act 2003.

 

The premises had not previously been licensed.  The application was for the following hours:

 

Supply of Alcohol

 

Sunday to Saturday  08:00 to 23:00

 

Hours Open to the Public

 

Sunday to Saturday  08:00 to 23:00

 

As part of their application, applicants were requested to submit an operating schedule which sets out how they would conduct/manage their business in accordance with the four licensing objectives.  A copy of the full application was available.

 

In respect of this application, a representation had been received signed by three Local Residents.  The representation related to alcohol related disorder within the vicinity of the premises.  Representations had also been received by a local business and a property management company who owned a number of properties on Oxton Road.  These representations related to anti-social behaviour caused by individuals who were intoxicated.  Two petitions had also been received signed by a total number of 62 residents/local businesses who were against the application.  The representation related to anti-social behaviour caused by individuals who were intoxicated by alcohol within the vicinity of the premises.  Copies of the representations and petitions were available.

 

The applicant, Mr Szostak attended the meeting together with Ms Clarke, Licensing Consultant.

 

Councillor Phil Davies, Ward Councillor, was also in attendance together with Mr Brennan who was representing tenants in the area.

 

The Licensing Officer confirmed that all documentation had been sent and received.

 

Councillor Davies referred to an email he had received from Inspector Blease.  Mrs Clarke objected to the late submission of the email and this was therefore not considered by Members.

 

Mrs Clarke addressed the Sub-Committee and reported that the applicant had been in this country for three and a half years and was attending University where he was studying accountancy.  She advised Members that his family were all from the retail business in Poland and had come here to support him, therefore it was a family run business and it was being run responsibly.  She informed Members that only Polish beer would be sold at the premises which would be priced over and above the price of beer sold at other outlets.  She also informed Members that three different kinds of Polish vodka would be on sale at the premises.  She advised that the hours applied for were to accommodate flexibility.

 

Although the residents’ concerns were understood by Mrs Clarke, she informed Members that the area was densely populated and pubs were already situated within the vicinity.  She advised Members that the applicant would be servicing a small community of Polish people and offered that the applicant would compromise and reduce the hours open until 10.00 pm.

 

Mrs Clarke responded to questions from Members of the Sub-Committee.

 

Councillor Phil Davies reported that he had represented the area for  ...  view the full minutes text for item 78.

79.

ANY OTHER URGENT BUSINESS ACCEPTED BY THE CHAIR - STREET COLLECTION

To consider any other business that the Chair accepts as being urgent.

 

Minutes:

The Director of Law, HR and Asset Management reported upon an application that had been received for a Street Collection Permit from Ben Sutcliffe on behalf of the Caudwell Children Charity which was to take place on Sunday 20 February 2011 at Arrowe Park.

 

Resolved - That the application for a Street Collection Permit due to take place on Sunday 20 February 2011 at Arrowe Park on behalf of the Caudwell Children Charity be granted.