Resolved -

(1)  That Councillor S Niblock be appointed Chair to consider the application regarding 46 Hoylake Road, Bidston, together with Councillors M Hornby and D McCubbin.

(2)  That Councillor J Salter be appointed Chair to consider the application regarding QT, 3-7 Wilbraham Street, Birkenhead, together with Councillors S Niblock and H Smith.

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 Javad Rezai Mahoi Abady for the grant of a Premises Licence in respect of 46 Hoylake Road, Bidston, under the provisions of the Licensing Act 2003.

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

Sale by Retail of Alcohol

Monday to Saturday  12:00 to 04:00

Sunday  12:00 to 03:00

Hours Open to the Public

Monday to Saturday  12:00 to 04:00

Sunday  12:00 to 03:00

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.

A representation had been received from Merseyside Police.  The Licensing Sergeant had advised that the granting of the application would undermine the Licensing Objectives.  Merseyside Police stated that the area in which the premises were located suffers from high levels of crime and anti-social behaviour.  They also considered that increasing the availability of alcohol in the area through granting the application would increase the problems of crime and anti-social behaviour.

A representation had also been received from Trading Standards.  The Trading Standards Officer advised that the granting of the application would undermine the Licensing Objectives.  Trading Standards and Merseyside Police also referred to the applicant having a history in respect of disregarding the law.

A petition had been received signed by 36 local residents.  The petition related to concerns that there would be an increase in anti-social behaviour and underage drinking should the application be granted.

The applicant attended the meeting together with his Barrister, Mr M Stanger, to outline the application.

Sergeant P Jenkins, Constable P Coley and Local Area Inspector R McGregor, were in attendance together with Mr A Bushell, Trading Standards and Ward Councillor, Councillor Harry Smith.

The Licensing Manager confirmed that all documentation had been sent and received including a case summary received from Mr Stanger.

Mr Stanger advised Members that the application was for a general store with the facility to sell alcohol.  He reported that the applicant had applied for the hours stated as he wished to offer something that was currently unavailable in the area, however, after having considered the concerns of local residents, he wished to amend his application in line with the hours operated by other premises.

Members sought clarification of the hours requested by the applicant and Mr Stanger reported that the applicant would be content to amend the application with the hours as follows:-

Hours Open to the Public

Monday to Saturday  12:00 to 23:00

Sunday  12:00 to 22:00

Mr Stanger reported that there were no grounds to suggest that the premises would cause any difficulties regarding the four licensing objectives and that the applicant would co-operate with the relevant authorities.

Mr  ...  view the full minutes text for item 111.

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 QT, 3-7 Wilbraham Street, 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 Merseyside Police and the Licensing Sergeant advised that the grounds for review were in relation to the prevention of crime and disorder, public safety and the prevention of public nuisance following unlicensable activities taking place at the premises and a number of serious breaches that had been identified at the premises.

A representation had also been received from the manager of the Central Hotel on behalf of hotel residents.  The representation related to public nuisance by way of music emanating from the premises late at night.

Sergeant P Jenkins and Constable P Coley, Merseyside Police, attended the meeting.

Mr P Smith, owner of the premises was in attendance.

Mr P Turner, Manager, Central Hotel also attended the meeting.

The Licensing Officer reported that all documentation had been sent and received and that a letter had been received from the current Premises Licence Holder stating that she would have no further connection to the premises.

Sergeant Jenkins reported that there had been a change since Merseyside Police had initially asked for a revocation of the Premises Licence in that Mr Smith had informed him that he would be taking on the role of Premises Licence Holder and would uphold the conditions of the current licence and also incorporate a condition regarding noise nuisance in view of the representations received from the Central Hotel.  Sergeant Jenkins reported that he would therefore be content for Mr Smith to become Premises Licence Holder for these premises.

Sergeant Jenkins responded to questions from Members of the Sub-Committee and Mr D K Abraham, Legal Advisor to the Sub-Committee.

Mr Smith reported that he would undertake the running of the premises and assured Members that there would be no problems in the future.  He informed Members he had taken the noise problem into consideration and advised he would visit the Central Hotel and liaise with Mr Turner.

Mr Smith responded to questions from  ...  view the full minutes text for item 112.