The Director of Law, HR and Asset Management reported upon an application that had been received from Merseyside Police for the review of a Premises Licence in respect of Kelsie’s, 3-7 Wilbraham Street, Birkenhead, under the provisions of the Licensing Act 2003.

The premises currently have a Premises Licence which had been granted under delegated authority on 21 June 2010 and allows the licensable activities as set out in the report.

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

The Director advised that the Sub-Committee may, having regard to the application for review and any relevant representations, take such of the following steps as it considered necessary for the promotion of the licensing objectives:

• Modify the Conditions of the Licence.
• Exclude a licensable activity from the scope of the Licence.
• Remove the Designated Premises Supervisor.
• Suspend the Licence for a period not exceeding three months.
• Revoke the Licence.

The Licensing Authority may decide that no action would be necessary if it found that the review did not require it to take any steps necessary to promote the licensing objectives.

The Licensing Sergeant advised that the grounds for review were in relation to the prevention of crime and disorder as Merseyside Police believed that the premises were encouraging excessive drinking which had resulted in a number of incidents of violence.

Sergeant Jenkins attended the meeting.

Mrs Y McGinn, former Designated Premises Supervisor and Mr M Hellon, lease holder, were also in attendance.

The Licensing Officer confirmed that all documentation had been sent and received and clarified to Members that Ms McGinn was the Licence Holder and Designated Premises Supervisor when the application was received, however she had since requested that she be removed as Designated Premises Supervisor.

Sergeant Jenkins advised that the grounds for review were in order to address increasing problems at the premises.  He reported that the premises had been subject to a Closure Notice in December 2010 following an incident that had occurred on the 18 November 2010.  Sergeant Jenkins informed Members of the details of the incident which had resulted in a male requiring hospital treatment and five arrests being made.  He further reported that Mr Hellon had since been arrested for perverting the course of justice further to this incident and that the CCTV had been seized on 23 December 2010 as it had not been produced and appeared to have been wiped.  Sergeant Jenkins maintained that a crime scene of a serious nature had been seriously compromised.  Sergeant Jenkins informed Members of further details of incidents that had occurred at the premises since it had opened on 23 July 2010 including an irresponsible drinks promotion and reported that since the premises had opened there had been six arrests made, two people had been assaulted by doormen and there had been two incidents involving bottles.  He believed that the premises had been run irresponsibly and that problems would continue unless sanctions were taken immediately.  He also believed that Mr Hellon was intent on causing trouble and that management had not and would not take steps to rectify the problems.

Sergeant Jenkins responded to questions from Mr Hellon and Mr Abraham, Legal Advisor to the Sub-Committee.

Mrs McGinn addressed the Sub-Committee and advised that her daughter also held a Personal Licence.  She made reference to the irresponsible drinks promotion referred to by Sergeant Jenkins and informed Members that she had been advised that the new laws regarding these promotions would not be coming into effect until October 2010 which is why she continued with it in July although she had been advised against it by Constable Cottrell.  She referred to an incident that had occurred on 7 August 2010 and admitted that a male had been assaulted however he had not been glassed.  She referred to the incident on 18 November 2010 and reported that Mr Hellon was not at the premises when the trouble started.  She challenged allegations that Police Officers had made regarding Mr Hellon upon their arrival as she stated that Mr Hellon had not arrived back at the premises at that point.  Mrs McGinn reported that the CCTV had been viewed by officers and therefore felt that they had not been hindered when trying to obtain evidence from the premises.  She referred to the fact that Mr Hellon had been arrested on 23 December 2010 and reported that the CCTV would have wiped itself clean by that time after the 30 day period.  Mrs McGinn felt that herself, her family and the premises had been under harassment from Merseyside Police.

Mrs McGinn and Mr Hellon responded to questions from Members of the Sub-Committee and Mr Abraham.

Mr Hellon addressed the Sub-Committee.  He referred to the incident on 18 November 2010 and the fact that the Police had said he had met them at the door.  He reiterated that he was not at the premises at that time.  He denied compromising evidence from the incident and stated that the Police had the CCTV and felt that he had been under harassment from the Police.  He further confirmed that he had invested a substantial amount of money in to the premises and that this was money still owed to individual creditors.

The Chair reminded Mr Hellon that any allegations of harassment would not form any part of the determination of the application.

The Licensing Officer reported that the premises were currently closed and that Mrs McGinn did not intend to have any further involvement with the premises.

Sergeant Jenkins advised that the evidence had been put before Members of the Sub-Committee and refuted the allegations of harassment.

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. 

After giving careful consideration to the application made by Merseyside Police to review the Premises Licence and the representations made in writing and orally at the hearing, Members resolved to impose the conditions listed below on the Premises Licence.

In determining the application Members considered evidence from Merseyside Police in respect of a number of incidents of crime and disorder linked directly to the premises.

Members noted that the premises were not currently trading and were subject to a closure notice.

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 following conditions be attached to the Premises Licence:

·  The premises must only use polycarbonate containers and bottles.

·  The Designated Premises Supervisor at these premises must hold a Level 3 National Diploma for Designated Premises Supervisors.

·  No entry to the premises to be permitted after 01:30.

·  There must be a minimum of 3 SIA Registered Door Supervisors be on duty from 20:00 hours until closing time and that they are also required to be on duty at any private event or function, in which alcohol is supplied.

·  CCTV must be installed at the premises in accordance with the specification issued by the Licensing Authority.  Tapes and visual images recorded shall be retained for a period of 31 days and access to the system must be made available to an authorised officer on request.

·  There must be a minimum of 3 safety stewards on duty from 20:00 hours until closing and they should be readily identifiable to the public by wearing an arm band or other distinctive marking.

·  The premises must adopt a Think 25 Policy and display the appropriate posters.