The Director of Law, HR and Asset Management reported upon an application that had been received from Kanagasabai Shatthiyananthamoorthi for a Premises Licence in respect of TDS Convenience Store, 15-17 Albany Road, Rock Ferry, under the provisions of the Licensing Act 2003.

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

Supply of Alcohol

Monday to Sunday  08:00 to 23:00

Hours Open to the Public

Monday to Sunday  06:00 to 23:00

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.

Two representations from local residents had been received in respect of this application.  The representations related to anti-social behaviour and public nuisance which was currently a problem within the vicinity of the premises.  A petition had also been received signed by 264 residents who were against the application.  The petition related to anti-social behaviour caused by individuals who were intoxicated by alcohol within the vicinity of the premises.  Copies of the representations and petition were available.

The applicant attended the meeting with his Agent, Mr Bowser, to outline the application.

Mrs Taylor, Mr Brassey and Mrs Fallon were also in attendance together with Councillor Chris Meaden who had been asked to represent the residents.

The Licensing Officer confirmed that all documentation had been sent and received.  The applicant’s agent reported that he wished to submit a letter from Merseyside Police.  Councillor Meaden advised that she had no objections to the letter being submitted and it was therefore taken into consideration by Members of the Sub-Committee.

The applicant’s agent addressed the Sub-Committee and explained that the applicant had another business within the vicinity and had had no problems with this business.  He reported that the applicant had held a Personal Licence for five years.  He advised that the applicant understood the concerns of local residents and would be a responsible retailer and train staff accordingly.  He reported that after consultation with Merseyside Police the applicant had amended the hours for the Supply of Alcohol as set out above.  He informed Members that the applicant was very vigilant in his present premises and wanted residents to know he was serious and wanted to create employment for his family.

The applicant and his agent responded to questions from Members of the Sub-Committee.

Councillor Meaden informed Members that she was very concerned due to the high levels of underage sales and anti-social behaviour in the area.  She reported that the premises were situated in a high residential area and opposite a primary school and referred to the petition which had been signed by almost 300 residents.  She felt that if the application was granted the area would be saturated with similar outlets.  She advised Members that she had spoken to Merseyside Police who also had concerns about more drinkers in the area.  Councillor Meaden informed Members that there were already 22 off licences within one mile radius and 7 in that particular area and was very concerned as there were already major problems with young people drinking in the area.  She therefore asked that the application be refused.

Councillor Meaden and the local residents responded to questions from Members of the Sub-Committee.

The applicant responded to further questions from Members of the Sub-Committee.

The applicant’s agent referred to the times requested and advised that the applicant would be willing to close at 10 pm if that would please the residents and Members of the 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 the Licensing Act 2003.

Councillor Sue Taylor reminded local residents and Councillor Meaden that if any problems occurred at the premises there was the facility to bring the premises into review.

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 for a Premises Licence in respect of TDS Convenience Store, 15-17 Albany Road, Rock Ferry, be granted with the following hours:

Supply of Alcohol

Monday to Sunday  08:00 to 22:00

Hours Open to the Public

Monday to Sunday  06:00 to 22:00

(3)  That the following conditions be attached to the Premises Licence:

• The premises must adopt a Think 25 Policy and display the appropriate posters
• Staff must receive training on underage sales provided by Wirral Trading Standards.  This training must be completed before the premises opens and staff must attain BIIAB Level 1 Certificiate within 3 months of opening
• Staff working at the premises must receive regular updated training in respect of preventing the sale of alcohol to persons under 18 years of age and training records must be kept and maintained
• Records of training must be supplied to the Licensing Authority when this training has taken place
• The premises must maintain a refusal log with regular checks.  This log must be made available on request to Licensing Officers and Responsible Authorities to ensure that it is being used.
• Posters must be displayed at the premises stating that no sale of alcohol will take place to persons buying alcohol on behalf of persons under the age of 18
• The Premises Licence Holder or his/her representative must ensure that inspections of the outside area of the premises are undertaken on a daily basis in order that the outside area is free from bottles and general customer debris.  A record of these checks must be maintained and available for inspection by an authorised officer
• The premises must only accept a passport, a photo driving licence or PASS accredited identification in support of till checks
• CCTV must be installed at the premises.  Tapes and visual images recorded shall be retained for a period of 31 days and access to the system must be made available to Licensing Officers and Responsible Authorities on request.  The CCTV system must be in place before the premises opens.