Resolved -

(1)  That Councillor G Davies be appointed Chair to consider the application regarding La Bodega together with Councillors S Taylor and B Wilkins.

(2)  That Councillor J Salter be appointed Chair to consider the application regarding Cheapest Booze together with Councillors D Roberts and S Taylor.

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 personal or prejudicial interests in connection with any items on the agenda, and, of so, to declare them and state what they were.

Councillors S Taylor and J Salter declared a personal interest in the application regarding Cheapest Booze by virtue of having observed part of operation Gentian.

The Director of Law, HR and Asset Management reported upon an application that had been received from Gary Laycock and Timothy Herring to vary a Premises Licence in respect of La Bodega, Market Street, Hoylake, under the provisions of the Licensing Act 2003.

The hours applied for regarding the variation were set out within the report.  The applicant had also proposed to amend a number of conditions that were currently imposed on the Premises Licence, details of these were also set out within the report.

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, three representations had been received from local residents.  A representation had also been received from the Hoylake Residents Forum.  A petition signed by 94 local residents who were against the application had also been received.  The representations related to anti-social which was considered to be a problem within the vicinity of the premises.  Copies of the representations were available.

A representation had also been received from Ward Councillor, John Hale.  The representation supported the concerns expressed by local residents and a copy was available.

The applicant, Mr Laycock attended the meeting together with his legal representative, Mr C Johnson.

Councillor John Hale, Ward Councillor attended the meeting together with Mrs McKinley, Mr Dyson and Mr Bullock on behalf of local residents.

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

The applicant advised Members that he operated other licensed premises on the Wirral and had many years experience within the licensing trade.  He gave a brief description of the premises and reported that there had been no incidents of crime and disorder associated with the premises.  He further reported that he had been a member of the local Neighbourhood Action Group and had been Chair of Pubwatch.  He believed that should the variation be granted, this would add to the economy within the area with minimum disruption to the local community.

The applicant responded to questions from local residents, Councillor Hale, Members of the Sub-Committee and Mr Abraham, Legal Adviser to the Sub-Committee.

Councillor Hale reported that the premises were situated in very close proximity to residential properties.  He advised Members that local residents had experienced noise and nuisance in the area.  He requested that the variation to the hours and conditions be refused.

Mr Dyson believed that there were too many bars in a largely residential area and that problems occurred when people gathered outside after closing due to noise nuisance.  He believed that should the variation be granted the situation would be made worse by the occurrence of noise nuisance later at night and that this would be extremely detrimental to residents.

Mrs McKinley expressed her concerns regarding noise  ...  view the full minutes text for item 68.

This application had been withdrawn prior to the hearing.

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 Cheapest Booze, 7 Dawpool Drive, Bromborough, under the provisions of the Licensing Act 2003.

The premises currently have a Premises Licence that allows the sale of alcohol and are open to the public for the following hours:

Sunday to Saturday  07:00 to 22:00

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, Merseyside Police advised that the grounds for review were in relation to the premises being linked to criminal activity and alcohol being sold to a person under the age of 18 years.  He considered that the criminal activity linked to the premises and the alcohol being sold to an underage person seriously undermined the licensing objectives in particular the prevention of crime and disorder and the protection of children from harm.

Sergeant P Jenkins attended the meeting.

Mr Nadesapillai, Premises Licence Holder, was also in attendance.

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

Sergeant P Jenkins stated that an employee at the premises had sold alcohol to an underage person.  He also reported that an illegal immigrant had been found working at the premises who had assumed the identity of the Designated Premises Supervisor when questioned about his identity by Merseyside Police.  Sergeant Jenkins advocated that the circumstances of this particular case were serious and therefore requested that the Premises Licence be revoked, failing this, that a number of conditions be attached to the Premises Licence.

Sergeant Jenkins responded to questions from Members of the Sub-Committee.

The Premises Licence Holder made his representations and responded to questions from Members of the Sub-Committee.

In determining the Review application, Members of the Licensing Act 2003 Sub-Committee had regard to the licensing objectives, the Council’s Statement of Licensing Policy and relevant guidance issued under Section 182 of the Licensing Act 2003.

In determining the matter Members of the Sub-Committee considered the evidence presented by Merseyside Police which reflected poor management and a lack of knowledge and understanding with regards to the requirements of the Licensing Act 2003 and which had a significant impact on the Licensing Objectives.

Resolved (2:1 Councillor S Taylor voting against) -

(1)  That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during consideration of the application.

(2)  That  ...  view the full minutes text for item 70.