The Director of Law, HR and Asset Management reported upon an application that had been received from Yuksel Demirkan to vary a Premises Licence in respect of West Kirby Grill, Grange Road, West Kirby, under the provisions of the Licensing Act 2003.

The application to vary the Premises Licence was as follows:

The applicant had requested to remove the Supply of Alcohol and Recorded Music from the Premises Licence and to include the following Licensable Activity. The applicant also sought to extend the Hours the Premises are Open to the Public:

Late Night Refreshment

Sunday to Thursday  23:00 to 00:00

Friday and Saturday  23:00 to 01:00

Hours Open to the Public

Sunday    12:00 to 00:00

Monday to Thursday  11:00 to 00:00

Friday and Saturday  11:00 to 01:00

The applicant had requested to extend Late Night Refreshment and Hours Open to the Public by 30 minutes on Bank Holidays.

The applicant had also requested to remove the following conditions from the Premises Licence which relate to the Supply of Alcohol:

·  No supply of alcohol may be made under the premises licence:

a)  at a time when there is no designated premises supervisor in respect of the premises licence, or

b)  at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

·  Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

·  All staff must receive drugs awareness training and a basic understanding of the law relating to alcohol.

·  No children will be allowed on the premises unless accompanied by an adult.

·  All staff to receive training as to under age drinking.

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.

Two representations had been received from local residents in respect of this application.  The representations related to anti-social behaviour and public nuisance that was currently a problem within the vicinity of the premises.  Copies of the representations were available.

The applicant had submitted five letters from local residents in support of the application and one letter from the 1^st West Kirby Scouts Group.  A petition had also been received in support of the application signed by local residents together with a plan which gave details of how many people had signed the petition and from what address.  The application had also provided details of drinks and food outlets within the vicinity of the premises.

Mr Demirkan attended the meeting together with his Solicitor, Mr Johnson, to outline the application.  There were no local residents in attendance.

The Licensing Officer confirmed that all relevant documentation had been sent and received and reported that a local resident, had expressed a wish to attend the meeting, however, as he was unable to do so had sent an email in support of his representation that he had requested be read out at the meeting.

Mr Johnson advised that if the application were to be granted Mr Demirkan wished to surrender both the alcohol and entertainment licence and therefore there would be one less alcohol outlet in the area.  He referred to the fact that no representations had been received from any of the responsible authorities, in particular Merseyside Police or Environmental Health, he also referred to the letters of support that had been received in respect of the application.  He reported that Mr Demirkan had owned the premises since September and had had no trouble since this time and therefore felt that the premises had been well run.  He referred to the fact that there was adequate CCTV at the premises and notices were displayed asking customers to leave quietly.  He advised that a number of restaurants in the area had licences until 1 am with live music and late night refreshment and therefore felt that the application was reasonable.

Mr Johnson and Mr Demirkan responded to questions from Members of the Sub-Committee and Mr Abraham, Legal Adviser to the Sub-Committee.

The Licensing Officer read out the email that had been received from the local resident who wished to attend the meeting.

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 the Licensing Act 2003.

Members considered the written evidence from local residents regarding anti-social behaviour and public nuisance which they considered was currently a problem within the vicinity of the premises, Members also had regard to concerns that an increase in the hours that the premises are open could lead to an increase in anti-social behaviour within the vicinity of the premises.

Members also had regard to the fact that there were no representations from the Responsible Authorities, in particular Merseyside Police and Environmental Health and also that there had been representations in support of the application.

Resolved -

(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 the application to vary a Premises Licence in respect of West Kirby Grill be granted with the following hours:

Late Night Refreshment

Sunday to Thursday  23:00 to 00:00

Friday and Saturday  23:00 to 01:00

Hours Open to the Public

Sunday    12:00 to 00:00

Monday to Thursday  11:00 to 00:00

Friday and Saturday  11:00 to 01:00

Non-Standard Timings

Late Night Refreshment and Hours Open to the Public has been extended by 30 minutes on Bank Holidays.

(3)  That the following condition be applied to the Premises Licence:

·  Notices must be displayed stating that the last order for food must be made 10 minutes prior to closing the premises.