Resolved -

(1)  That Councillor W J Davies be appointed Chair to consider the application regarding the Grant of a Personal Licence to Mr DC together with Councillors E Boult and S Niblock.

(2)  That Councillor S Niblock be appointed Chair to consider the application regarding Peggy Gadflys together with Councillors E Boult and G Davies.

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.

Councillor G Davies declared a personal interest in item 6, Peggy Gadflys, (minute 130 refers) by virtue of the tenant previously being a Member of the Council.

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 item of business on the grounds that it involves the likely disclosure of exempt information as defined by paragraph 1 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 was invited to attend the hearing, however he failed to attend.

Mr D K Abraham, Legal Advisor to the Sub-Committee, referred to Regulation 20 of the Licensing Act 2003 Hearings Regulations 2005 which outlined the consideration of an application in the absence of the applicant.

Members gave careful consideration to Regulation 20 of the Hearings Regulations 2005, however, after taking into consideration the fact that the applicant had failed to attend a previous hearing and had indicated his intention to attend this hearing, Members were satisfied that all reasonable attempts had been made to contact the applicant and decided to proceed with the application in his absence.

Sergeant P Jenkins and Constable P Coley 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.

In determining the matter, Members had to consider whether there were exceptional or compelling circumstances to justify the granting of the application.

Members noted that the applicant did not attend the hearing and had also failed to attend a previous hearing.  Members considered the representations made by Merseyside Police and had concerns regarding the seriousness of the offence referred to which had resulted in the applicant being convicted in 1999.

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

Resolved - That the application made by DC 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 GRS Pub Investments Limited to vary a Premises Licence in respect of Peggy Gadflys, 93 Victoria Road, New Brighton, under the provisions of the Licensing Act 2003.

The application to vary the Premises Licence was as follows:

Sale by Retail of Alcohol

Monday to Wednesday  11:00 to 01:00

Thursday   11:00 to 01:00 (unchanged)

Friday and Saturday  11:00 to 02:00 (unchanged)

Sunday  12:00 to 01:00 (unchanged)

Hours Open to the Public

Monday to Wednesday  11:00 to 01:30

Thursday   11:00 to 01:30 (unchanged)

Friday and Saturday  11:00 to 02:30 (unchanged)

Sunday  12:00 to 01:30 (unchanged)

Regulated Entertainment (Exhibition of Films and Recorded Music)

Monday to Wednesday  11:00 to 01:00

Thursday  11:00 to 00:00 (unchanged)

Friday and Saturday  11:00 to 01:00 (unchanged)

Sunday  12:00 to 00:00 (unchanged)

Regulated Entertainment (Live Music)

Monday Wednesday  11:00 to 01:00

Thursday to Saturday  11:00 to 00:00 (unchanged)

Sunday  12:00 to 00:00 (unchanged)

Entertainment Facilities (Facilities for Dancing)

Monday to Wednesday  11:00 to 01:00

Thursday  11:00 to 00:00 (unchanged)

Friday and Saturday  11:00 to 01:00 (unchanged)

Sunday  12:00 to 00:00 (unchanged)

Late Night Refreshment

Monday to Wednesday  23:00 to 01:00

Thursday  23:00 to 01:00 (unchanged)

Friday and Saturday  23:00 to 02:00 (unchanged)

Sunday  23:00 to 01:00 (unchanged)

Non-Standard Timings (unchanged)

All of the above Licensable Activities and Hours Open to the Public

A further additional hour into the morning following every Monday for each May bank holiday, Spring/Whitsun Bank holiday and every August Bank holiday weekend.

A further additional hour into the morning following every Monday for the Easter Bank holiday weekend.

A further additional hour every Christmas Eve and Boxing Day

From the end of permitted hours on New Years Eve to the start of permitted hours on New Years Day

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, four representations had been received from local residents.  The representations related to anti-social behaviour caused by customers of the premises and to nuisance currently being caused by noise from entertainment emanating from the premises.

Copies of all representations were available at the meeting.

Mr Clee, tenant of the premises, attended the meeting together with Mr Hammond, Bar Manager and his legal representative Mr Grimsey.

Mr N Joughin, Environmental Health Officer was also in attendance due to the agreement of both parties.

Also in attendance were Mr Jones and Mrs Warren-Jones, local residents.

Councillor G Davies stated that he was acquainted with Mr Clee by virtue of him having previously been a Councillor, however he confirmed he had had no contact with him for a number of years.

All parties confirmed they were content that Councillor  ...  view the full minutes text for item 130.