Resolved - That Councillor H Smith be appointed Chair for this meeting.

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 requested to consider whether they had any personal or prejudicial interests in connection with any items on this agenda and, if so, to declare them and state what they were.

No such declarations were made.

The Director of Regeneration reported upon an application by Merseyside Police for the review of a Premises Licence for the premises known as the Bam Buddha Lounge Bar, 34-42, Conway Street, Birkenhead, under the provisions of the Licensing Act 2003.

A copy of the Premises Licence setting out the hours and conditions attached to the licence was available. 

In considering the application for review and any relevant representations, the sub- committee was advised that it may take any of the following steps as it considers necessary for the promotion of the licensing objectives or, alternatively, decide that no action is necessary if it finds that the review does not require it to take any steps necessary to promote the licensing objectives:

Modify the Licence conditions (permanently or for a temporary period of up to 3 months).

Exclude a licensable activity from the scope of the Licence (permanently or for a temporary period of up to 3 months).

Remove the Designated Premises Supervisor (if applicable).

Suspend the Licence for a period not more than 3 months.

Revoke the Licence.

Merseyside Police advised that the grounds for review were in relation to the prevention of crime and disorder. They had provided further information to support the grounds for review and which were included within the application. The application for review was supported by Merseyside Fire and Rescue Service.

Further to the application, a written response from the Premises Licence Holder’s Solicitors, Messrs Haworth and Gallagher had been received.  A copy of this response was available.

It was confirmed that there had been no representations received from the other responsible authorities.

Merseyside Police were represented by Sergeant D Peers and Constable R Jones.

Mr A Hilliard, Fire Safety Officer, represented Mersey Fire and Rescue Service.

Mr T Nelson and Mr C Jones, Messrs Howarth and Gallagher Solicitors, represented the Bam Buddah Lounge  Bar.  Also in attendance were:-

Mr S Finney –   Designated Premises Supervisor

Mr N Baker -   Owner

Mr D Doyle  Director

Mr G Sandland  Consultant

Sergeant Peers referred to the decision of the Sub-Committee on 26 September 2007 (Minute 38) to vary the Premises Licence with additional hours on Saturday to 6:00 am for the supply of alcohol.  He referred to the record of incidents during 2008 (page 35), which had highlighted poor management of the premises and the application by the Police for a review of the Premises Licence.

He referred to a letter from the former DPS for these premises dated September 2008, indicating that he had ceased employment with the Bam Buddah Lounge in May 2008 and that his name had been removed from the licence with immediate effect.  This meant that for some five months there was no individual with DPS responsibility for this major night club in Birkenhead Town Centre.  He referred to a serious incident which had occurred on 3 August 2008, relating to disturbance in Argyle Street, when five persons were arrested and charged with numerous counts of assault and  ...  view the full minutes text for item 49.

The Director of Regeneration reported upon an application from Mr S Blanshard to vary a premises licence for the premises known as the Pensby Hotel, Ridgewood Drive, Pensby.

The application to vary the Premises Licence was as follows:

Supply of Alcohol

Sunday to Thursday 10:00 to 00:00

Friday and Saturday 10:00 to 00:30

Hours Open to the Public

Sunday to Thursday 10:00 to 00:30

Friday and Saturday 10:00 to 01:00

Regulated Entertainment (Live Music, Recorded Music, Performance of Dance and Anything of a Similar Description)

Sunday to Thursday 19:00 to 23:00

Friday and Saturday 19:00 to 00:00

Regulated Entertainment (Exhibition of Films, Indoor Sporting Events and Plays)

Sunday to Saturday 10:00 to 23:30

Entertainment Facilities (Facilities for Dancing and Making Music)

Sunday to Thursday 19:00 to 23:00

Friday and Saturday 19:00 to 00:00

It was noted that the applicant had withdrawn the following items:

(i) A proposed amendment that the outside seating area be closed at 10.00pm.

(ii)  A request to vary the licence to include a designated area for customers to take drinks outside beyond 10.00pm.

The Director reported that the applicant had included a request to extend the licensed area to include a function room on the first floor.  A copy of the plan of the function room was available.  The applicants were required to submit as part of their application an operating schedule setting out how they will conduct/manage their business in accordance with the four Licensing Objectives.  A copy of the full application detailing the steps proposed by the applicant was available.

Members of the Licensing Act 2003 Sub-Committee were advised that the proposals set out in the operating schedule would become conditions of licence should the licence be granted.

Mr A Smith, Designated Premises Supervisor, attended the meeting on behalf of the applicant.

Councillor R Wilkins, Ward Councillor, attended the meeting as an observer.

The Director reported that two representations had been received from local residents relating to public nuisance caused by customers of the premises.  However, one objection had subsequently been withdrawn. 

A representation had been received from Environmental Health regarding public nuisance but the applicant had agreed to the suggested conditions and the representation was therefore withdrawn.

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 Department of Culture, Media and Sport Guidance issued under section 82 of Licensing Act  2003.

Members of the Sub-Committee also gave consideration to a representation made by a Local Resident and Ward Councillors concerning public nuisance caused by customers of these premises at a late hour. 

Resolved –

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

(2) That the application to vary a Premises Licence in respect of the premises known as the Pensby Hotel, Ridgewood Drive, Pensby, under the provisions of the Licensing Act 2003 be approved with the following  ...  view the full minutes text for item 50.

The Director of Regeneration reported upon an application by Mr and Mrs Geargeas for the grant of a Premises Licence for the premises known as Pizza and Grill, Old Chester Road, Bebington.

The application for the grant of a Premises Licence was as follows:

  Late Night Refreshment

  Sunday to Thursday  23:00 to 00:00

  Friday & Saturday  23:00 to 01:00

Hours Open to the Public

  Sunday to Thursday  16:00 to 00:00

  Friday & Saturday  16:00 to 01:00

The applicants were required to submit as part of their application 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 detailing the steps proposed by the applicant was available.

Members of the Licensing Act 2003 Sub-Committee were advised that the proposals set out in the operating schedule would become conditions of licence should the licence be granted.

In respect of this application four representations have been received from local residents relating to public nuisance from customers of the premises.  Copies of the representations were available.

The applicants had provided a petition in support of their application signed by 98 residents.

Environmental Health had made a representation in respect of the application regarding public nuisance following complaints from local residents.  A copy of the representation was available.

No other representations were received from the responsible authorities.

Mr and Mrs Geargeas, applicants, attended the meeting.

Mr M Pleass and Mr J Norman, objectors, attended the meeting.

Mr and Mrs Geargeas outlined the reasons for this application.  They responded to questions from Members and from the objectors regarding the operation of their business.

Mr Pleass summarised the reasons for his objection. He explained that there was a significant change in the way the business had traded during the past six months. The emphasis was now on the late night selling of pizzas on the internet whereas the previous pizza business had ceased trading at 11.30 pm., and this was having a detrimental effect on residential amenity. He suggested that this type of operation should be relocated to more appropriate premises.

Mr Norman summarised his objection. He referred to problems relating to litter associated with fast food establishments generally and to the late opening of this particular establishment which was in contravention of the planning permission.

The Director of Law , HR and Asset Management, advised the applicant that the current restriction on the planning permission meant that they would have to apply separately to the Planning Department to amend the current condition that trading shall cease at 11.30 pm.

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 Department of Culture, Media and Sport Guidance issued under section 182 of Licensing Act  2003.

Members of the Sub-Committee also gave consideration to the representations made by local residents concerning noise nuisance, at a late hour, from within the premises caused by the extractor and also the behaviour from  ...  view the full minutes text for item 51.

The Director of Regeneration reported upon an application from Mrs M Bailey to vary a premises licence for the premises known as the Lighthouse Club, Park Lane Holiday Park, Park Lane, Meols.

 The application to vary the Premises Licence, as now amended by Mrs Bailey, was as follows:

Supply of Alcohol

Sunday to Thursday  12:00 to 23:30

Friday and Saturday 12:00 to 00:00

New Years Eve  12:00 to 02:00

Hours Open to the Public

Sunday to Thursday  10:00 to 00:00

Friday and Saturday 10:00 to 00:30

Regulated Entertainment (Live Music)

Friday and Saturday 19:30 to 00:00

Regulated Entertainment (Recorded Music)

Sunday to Thursday    17:00 to 23:00

Friday and Saturday  17:00 to 00:00

Regulated Entertainment (Performance of Dance)

Sunday to Thursday  19:30 to 23:00

Friday and Saturday  19:30 to 00:00

The applicants were required to submit as part of their application 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 detailing the steps proposed by the   applicant was available.

Members of the Licensing Act 2003 Sub-Committee were advised that the proposals set out in the operating schedule would become conditions of licence should the licence be granted.

In respect of this application a petition has been received signed by 64 residents who were concerned by the application due to noise nuisance.  A copy of the petition was available.

A representation had also been received from Councillor John Hale who had been requested to make the representation on behalf of local residents.

Merseyside Fire and Rescue Service had made a representation in respect of the application following an inspection of the premises but following  completion of the required works their objection was withdrawn.

No other representations had been received from the responsible authorities.

Councillor Hale welcomed the amendments to the original application. However, he emphasised the need for the applicant to take appropriate action to minimise noise pollution.

The Chair reminded the applicant that residents could ask for a Review if there was excessive noise emanating from these premises and Environmental Health could also make a referral back to the Sub-Committee.

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 Department of Culture, Media and Sport Guidance issued under section 182 of Licensing Act  2003.

Members noted the amended application and also gave consideration to the representations made on behalf of local residents by a Ward Councillor concerning noise nuisance caused by customers of these premises at a late hour.  Members also had regard to the fact that there were no representations made by any of the Responsible Authorities, in particular from Environmental Health (Pollution Control), and that there was no history of complaints at the premises in relation to noise nuisance.

Members also took into account section 11 of the Guidance in respect of the review mechanism provided by the Licensing Act 2003 when concerns relating to the Licensing  ...  view the full minutes text for item 52.