Resolved -

(1)  That Councillor J Salter be appointed Chair to consider the applications regarding the Grant of a Personal Licences together with Councillors E Boult and S Niblock.

(2)  That Councillor S Niblock be appointed Chair to consider the application regarding the Old Tavern Club together with Councillors E Boult and A Sykes.

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, if so, to declare them and state what they were.

No such declarations were made.

The following items contain exempt information.

RECOMMENDATION:  That, under section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined by the relevant paragraphs of Part I of Schedule 12A (as amended) to that Act. The Public Interest test has been applied and favours exclusion.

Resolved - That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following two items of business on the grounds that they involve the likely disclosure of exempt information as defined by the relevant paragraphs of Part I of Schedule 12A (as amended) to that Act.  The Public Interest test had been applied and favoured exclusion.

The Director of Law, HR and Asset Management reported upon an application received from DC for a Personal Licence under the provisions of the Licensing Act 2003. 

The report was exempt because it contained sensitive and personal information regarding the individual concerned.

It was reported that under the provisions of the Licensing Act 2003 the Licensing Authority must seek guidance from the Police if the applicant is convicted of a relevant offence.  An Objection Notice had been received in respect of the application on the grounds that the applicant had been convicted of a relevant offence. A copy of the Notice of Objection was available.

The applicant did not attend the meeting.

Resolved - That the applicant be instructed to attend a future meeting of the Licensing Act 2003 Sub-Committee should he wish to pursue his application.

The Director of Law, HR and Asset Management reported upon an application received from FR for a Personal Licence under the provisions of the Licensing Act 2003. 

The report was exempt because it contained sensitive and personal information regarding the individual concerned.

It was reported that under the provisions of the Licensing Act 2003 the Licensing Authority must seek guidance from the Police if the applicant is convicted of a relevant offence.  An Objection Notice had been received in respect of the application on the grounds that the applicant had been convicted of a relevant offence. A copy of the Notice of Objection was available.

The applicant attended the meeting and made representations in support of his application.

Sergeant P Jenkins and Constable R Jones attended the meeting.  Sergeant Jenkins made representations regarding the Objection Notice submitted by Merseyside Police.

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

Members gave careful consideration to the application for a Personal Licence and the Objection Notice submitted by Merseyside Police and in doing so referred to the Statutory Guidance issued under Section 182 of the Licensing Act 2003, in particular, paragraph 4.9.

Members also had regard to the representations made by the applicant and noted that he was involved in 6/7 restaurant businesses on the Wirral.  In determining the matter, Members had to consider whether there were exceptional or compelling circumstances to justify the granting of the application.

Members had concerns regarding the seriousness of the offence referred to by Merseyside Police, namely affray, which resulted in a violent attack on an individual by the applicant and two co-accused and which resulted in a 6 month prison sentence suspended for two years. 

Members did not consider that exceptional or compelling circumstances had been presented in order to justify granting the application.

Resolved - That the application made by FR for the grant of a Personal Licence be refused under the provisions of the Licensing Act 2003.

The Director of Law, HR and Asset Management reported upon an application that had been received from Stephen Cooley to vary a Premises Licence in respect of the Old Tavern Club, Magazine Lane, Wallasey, under the provisions of the Licensing Act 2003.

The application to vary the Premises Licence was as follows:

Supply of Alcohol

Friday and Saturday  20:00 to 03:00

Hours Open to the Public

Friday and Saturday  20:00 to 03:00

Regulated Entertainment (Live Music and Performance of Dance)

Friday and Saturday  20:00 to 02:00

Regulated Entertainment (Recorded Music)

Friday and Saturday  20:00 to 03:00

Entertainment Facilities (Facilities for Dancing)

Friday and Saturday  20:00 to 03:00

The applicant had submitted an operating schedule setting out how the business would be conducted/managed 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 petition signed by 86 local residents who were against the application had also been received.  The representations related to anti-social behaviour and noise nuisance caused by customers of the premises.

Representations had been received from Ward Councillors, Councillors Hackett and Taylor.  The representations supported the concerns expressed by local residents. 

Environmental Health had also made a representation due to a complaint received from a local resident and a subsequent visit made to the premises regarding noise coming from the smoking shelter at the premises.  The complaint also related to noise from entertainment escaping from the premises whilst customers opened the door leading to the shelter.

Copies of all representations were available at the meeting.

The applicant, Mr Cooley, attended the meeting together with Mr Cooley Junior and Mr Thory, employee.

Mr N Joughin, Environmental Health Officer was in attendance.

Also in attendance were Mrs Maxwell, Mr O’Calllaghan, Mrs Harty and Mr Pritchard, local residents.

The Licensing Manager confirmed that all documentation had been sent and received and that both parties had requested that Members view further information by way of CCTV submitted by the applicant and a video recording submitted by Mrs Maxwell.  Mr Pritchard had also requested to submit further information.  The applicant was content for this to be considered and this was therefore distributed to Members.

Members viewed the footage submitted by the applicant and Mrs Maxwell.  Mrs Maxwell subsequently left the meeting due to work commitments.

The Licensing Manager informed Members of apologies received from Councillor S Taylor who wished to attend the meeting but was unable to do so.

Mr Cooley addressed the Sub-Committee and advised that the reason for the application was in order to keep the business afloat.  He refuted the suggestion that a number of complaints had been made regarding the premises and believed that he could have been contacted regarding any concerns.  He referred to the CCTV footage of people leaving the premises and believed  ...  view the full minutes text for item 122.