Agenda and draft minutes

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

Contact: Anne Beauchamp 

Items
No. Item

54.

APPOINTMENT OF CHAIR

Minutes:

Resolved -

 

(1)  That Councillor W J Davies be appointed Chair to consider the application regarding the Holiday Inn Express together with Councillors G Davies and D Roberts.

 

(2)  That Councillor D McCubbin be appointed Chair to consider the application regarding Monte Carlo together with Councillors G Davies and D Roberts.

 

(3)  That Councillor D McCubbin be appointed Chair to consider the application regarding Smilers Pizza together with Councillors E Boult and D Roberts.

55.

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 item on the agenda, and, if so, to declare them and state what they were.

 

No such declarations were made.

56.

HOLIDAY INN EXPRESS, THE KINGS GAP, HOYLAKE pdf icon PDF 80 KB

Minutes:

The Director of Law, HR and Asset Management reported upon an application that had been received from Sanguine Hospitality Management Company Limited for a Premises Licence in respect of the Holiday Inn Express, The Kings Gap, Hoylake, under the provisions of the Licensing Act 2003.

 

The hours applied for were set out within the report.

 

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.

 

Representations had been received in respect of the application from 19 local residents.  A representation had also been received from The Parish Church of Hoylake, St Hildeburgh’s.  The representations related to noise nuisance and anti-social behaviour which they considered was a problem within the vicinity of the premises and the potential for this to increase should the Premises Licence be granted.  Copies of the representations were available.

 

Representations had also been received from Ward Councillors, John Hale and Gerry Ellis.  These representations supported the concerns expressed by local residents.

 

Environmental Health had made a representation regarding public nuisance to residents who live in close proximity to the premises.

 

Mr Wright and Ms Brannan attended the meeting together with their legal representative Mr Bruder.

 

Councillor Hale was also in attendance together with local residents, Mr Harrison, Mr Edwards and Mrs Sutherland.

 

Mr N Joughin, Environmental Health was also present.

 

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

 

Mr Bruder addressed the Sub-Committee.  He reported that Sanguine Hospitality Management had been in business for five years and already owned several premises.  He advised that the intention for this premises was to service the main provision of it being a hotel.  He referred to a plan of the premises and reported upon the number of bedrooms and the restaurant and where they were situated, the provision of car parking spaces and the situation of the car park.  He informed Members that the predominant aspect of the premises was to serve as a hotel and as a high class restaurant for orders to be placed before 11 pm but also to cater for occasional functions such as weddings and the facility to serve outside these hours.  Mr Bruder referred to the fact that no representations had been received from Merseyside Police and that the proposed conditions sought by Environmental Health had been agreed to.  He also advised that the General Manager would be available at all times should residents need to address any concerns.

 

Mr Bruder explained that in operating the premises they were particularly mindful not to cause disturbance to people staying in the hotel.

 

Mr Wright reported upon procedures in place for staff training including due diligence and health and safety.

 

Mr Bruder responded to questions from Councillor Hale, Mr Edwards, Mrs Sutherland  ...  view the full minutes text for item 56.

57.

MONTE CARLO RESTAURANT, 22-24 MARKET STREET, HOYLAKE pdf icon PDF 76 KB

Minutes:

The Director of Law, HR and Asset Management reported upon an application that had been received from Andre Tedesco to vary a Premises Licence in respect of the Monte Carlo Restaurant, 22-24 Market Street, Hoylake, under the provisions of the Licensing Act 2003.

 

The application to vary the Premises Licence was to remove the following condition currently imposed on the Premises Licence:

 

  • The sale of alcohol must be ancillary to the sale of a substantial meal.

 

Applicants were 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.

 

In respect of the application, two representations had been received from local residents.  A representation had also been received from The Hoylake, West Kirby and District Society.  A petition had also been received signed by 167 local residents who were against the application.  The representations related to anti-social behaviour and public nuisance which they stated was currently a problem within the vicinity of the premises.  Those making the representations considered that the removal of the condition would change the way the premises operated and would subsequently lead to an increase in public nuisance.  Copies of the representations were available.

 

The applicant, Mr Tedesco, attended the meeting together with his business partner Mr Thompson.

 

Councillor Hale, Mrs McKinley and Mr Bullock, local residents, were also in attendance.

 

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

 

Mr Thompson advised that the premises had opened as a Mediterranean restaurant and as such the applicant wished to vary the concept of the premises and be able to offer the facility to sell drinks separately.

 

Mr Thompson responded to questions from Members of the Sub-Committee and Mr Abraham Legal Adviser to the Sub-Committee and Councillor Hale.

 

Councillor Hale raised concerns regarding residents who lived opposite the premises being disturbed by noise and nuisance.

 

Mr Thompson advised that the music would be background music and that it would not be in their best interests to cause disturbance to local residents.

 

Mrs McKinley addressed the Sub-Committee, she reported that she had discussed her concerns with the applicant and that her concerns had been met.

 

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the Statutory Guidance issued under section 182 of the Licensing Act 2003.

 

Members gave consideration to representations made by local residents and a Ward Councillor relating to concerns that public nuisance could be caused by customers using the premises as a bar if they did not have to consume a meal.  In determining the matter Members noted that residents had discussed their concerns with the applicant and were now content that the primary use of the premises would continue to be as a restaurant.  ...  view the full minutes text for item 57.

58.

SMILERS PIZZA, 22 MOUNT PLEASANT ROAD, NEW BRIGHTON pdf icon PDF 75 KB

Minutes:

The Director of Law, HR and Asset Management reported upon an application that had been received from Hajr Hasan for a Premises Licence in respect of Smilers Pizza, 22 Mount Pleasant Road, New Brighton, under the provisions of the Licensing Act 2003.

 

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

 

Late Night Refreshment

 

Sunday to Saturday  23:00 to 02:00

 

Hours Open to the Public

 

Sunday to Saturday  15:00 to 02:00

 

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.

 

Five representations had been received from local residents in respect of the application.  The representations related to noise nuisance emanating from the premises, particularly from the extractor fan at the premises and from staff of the premises whilst making deliveries.  The representations also related to nuisance from smells coming from the premises.  Copies of the representations were available.

 

A representation had also been received from Ward Councillor, Pat Hackett who supported the concerns expressed by local residents.  A copy of the representation was available.

 

Mr Ahmed, an associate of the applicant attended the meeting together with Mr Brennan, the owner of the premises, to outline the application.

 

Mrs Barnes, Mrs Edwards, Mrs Roberts and Mr Powell, local residents, were also in attendance.

 

The Licensing Manager confirmed that all documentation had been sent and received and that Mr Brennan wished to submit some photographs.  The local residents agreed to the photographs being submitted and they were therefore taken into consideration by the Sub-Committee.

 

Mr Brennan reported that he wished to amend the hours applied for as follows:

 

Late Night Refreshment

 

Sunday to Saturday  23:00 to 00:00

 

Hours Open to the Public

 

Sunday to Saturday  15:00 to 00:00

 

Mr Brennan reported that he owned the premises and that it had operated as a fast food business since 1999.  He advised Members that he understood the concerns of local residents and that he had raised these concerns with the manager of the business and had taken steps to address the concerns raised.  He reported that he had contacted Environmental Health who had visited the premises and advised that the noise had been unacceptable.  He informed Members that the noise had been caused by vibration from the extractor fan and that extra insulation had been installed as an attempt to address this issue.  He advised that a further step could be taken should the noise level remain unacceptable.  He referred to the concerns raised by Mrs Roberts and addressed each one in turn.  With regard to the planning issue of the shed at the back of the premises, he reported that this was a temporary construction to house refrigeration units.  He reported upon the issue of waste regarding the bin store  ...  view the full minutes text for item 58.