The Director of Law, HR and Asset Management reported upon an application that had been received from Laura Colebourne for the grant of a Premises Licence in respect of 218-220 Wallasey Village, Wallasey, under the provisions of the Licensing Act 2003.

The premises, previously known as ‘The Local’ had a Premises Licence which was surrendered in August 2010.  The application for the grant of a Premises Licence was for the following hours:

Supply of Alcohol

Sunday to Saturday  08:00 to 23:00

Hours Open to the Public

Sunday to Saturday  08:00 to 23:00

As part of their application, applicants were requested to submit an operating schedule which sets out how they would conduct/manage their business in accordance with the four licensing objectives.  A copy of the full application was available.

Four representations had been received from local residents in respect of this application.  The representations related to anti-social behaviour and public nuisance which was a problem when the premises previously had a Premises Licence.  The representations also related to anti-social behaviour which was currently a problem within the vicinity of the premises.  Copies of the representations were available.

A representation had also been received from Ward Councillors Kate Wood, Lesley Rennie and Paul Hayes.  The representation supported the concerns expressed by local residents.  A copy of the representation was available.

Merseyside Police had also made a representation concerning the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm and in response to this letters had been received from the applicant’s legal representative.  A copy of the representation and the letters were available.  No other representations had been received from any of the other responsible authorities.

The applicant, Laura Colebourne attended the meeting together with Mr Chahal and Mr Chohan, Solicitor.

Councillor Paul Hayes, Sergeant P Jenkins and local residents Mr Edgar, Mr Delamere and Mr Jones were also in attendance.

The Licensing Officer confirmed that all documentation had been sent and received and that a representation had been received just outside of the consultation period, Mr Chohan had no objections to the latter representation being considered by Members and it was therefore distributed to all parties.

Mr Chohan addressed the Sub-Committee on behalf of the applicant.  He referred to the objections raised and pointed out that the objections related to Mr Chahal who was the person funding the premises.  He informed Members that Mr Chahal would be bringing business to the area and felt that this would be more acceptable than a derelict building.  He reported that the applicant held a Personal Licence and had experience of running an off licence as she had worked with Mr Chahal for ten months.  He gave details of measures that would be put in place if the licence were to be granted such as an age check policy, till prompts, shutters at the rear of the premises, CCTV, door security staff and staff training.

Mr Chohan, Ms Colebourne and Mr Chahal responded to questions from Councillor Hayes, Sergeant Jenkins, the local residents in attendance,  Members of the Sub-Committee and Mr Abraham, Legal Advisor to the Sub-Committee.

Sergeant Jenkins reported that he had made his objections on the grounds of Mr Chahal’s business practice and his associates.  Sergeant Jenkins reported upon incidents that had occurred in the past regarding Mr Chahal and informed Members that Merseyside Police could not deny that Mr Chahal had been involved in criminal activities.  He further reported that Mr Chahal had apologised for the past incidents and had not come to the attention of Merseyside Police since this.

Sergeant Jenkins responded to questions from Mr Chohan, local residents, Members of the Sub-Committee and Mr Abraham.

Councillor Paul Hayes addressed the Sub-Committee and felt that it was clear from the evidence heard that the applicant would not be in charge of running the premises and that it would, in fact, be the responsibility of Mr Chahal.  He therefore urged Members to reject the application.

Mr Delamere informed Members that the premises had been broken into previously and that the premises were located in an area within the vicinity of three secondary schools.  He felt that there were already many licensed premises in the area and that this could give the wrong message to children.

Mr Edgar advised that the original objections made by Wallasey Village Community Partnership had been against the hours set out in the original application which had since been amended to the hours applied for above.  However he still felt there were too many outlets selling alcohol in the area and that there existed high levels of crime in the area also.  He therefore reported that the community wished to object to the application.

Mr Jones reported that Wallasey Village was a hot spot area and was concerned that alcohol would fall into the wrong hands.  He referred to an incident that had occurred in Wallasey Village which had been referred to by Merseyside Police as a large scale drink fuelled incident.  He had grave concerns that the applicant would not be strong enough to uphold the licensing objectives and would be subject to enormous pressure.

Mr Chohan asked that Members accept the application as he felt that the premises would serve the community and prevent crime rather than increase it and asked that the application be considered on its merits.

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. 

Having heard representations from all parties in the matter including Merseyside Police, Councillor Hayes and local residents, Members considered that granting the application to Ms Colebourne would undermine the licensing objectives with regard to crime and disorder, public nuisance and the protection of children from harm.

Evidence was presented that whilst Ms Colebourne was to be the Premises Licence Holder, it would be Mr Chahal who would make most of the business decisions.  Members were concerned that Ms Colebourne showed a lack of knowledge in relation to the four basic licensing objectives.

Members noted that Merseyside Police had expressed concern regarding Mr Chahal’s involvement in criminal activity.

Members of the Sub-Committee also gave consideration to representations made by residents relating to anti-social behaviour in the area caused by youths intoxicated with alcohol and considered that the granting of the application would undermine the licensing objectives having heard evidence from Merseyside Police in respect of the involvement of Mr Chahal in criminal activities and the competency of Ms Colebourne.

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 218-220 Wallasey Village be refused.