The Director of Law, HR and Asset Management reported upon an application that had been received from Marcin Szostak for the grant of a Premises Licence in respect of Wawel, 14 Oxton Road, Birkenhead, under the provisions of the Licensing Act 2003.

The premises had not previously been licensed.  The application 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.

In respect of this application, a representation had been received signed by three Local Residents.  The representation related to alcohol related disorder within the vicinity of the premises.  Representations had also been received by a local business and a property management company who owned a number of properties on Oxton Road.  These representations related to anti-social behaviour caused by individuals who were intoxicated.  Two petitions had also been received signed by a total number of 62 residents/local businesses who were against the application.  The representation related to anti-social behaviour caused by individuals who were intoxicated by alcohol within the vicinity of the premises.  Copies of the representations and petitions were available.

The applicant, Mr Szostak attended the meeting together with Ms Clarke, Licensing Consultant.

Councillor Phil Davies, Ward Councillor, was also in attendance together with Mr Brennan who was representing tenants in the area.

The Licensing Officer confirmed that all documentation had been sent and received.

Councillor Davies referred to an email he had received from Inspector Blease.  Mrs Clarke objected to the late submission of the email and this was therefore not considered by Members.

Mrs Clarke addressed the Sub-Committee and reported that the applicant had been in this country for three and a half years and was attending University where he was studying accountancy.  She advised Members that his family were all from the retail business in Poland and had come here to support him, therefore it was a family run business and it was being run responsibly.  She informed Members that only Polish beer would be sold at the premises which would be priced over and above the price of beer sold at other outlets.  She also informed Members that three different kinds of Polish vodka would be on sale at the premises.  She advised that the hours applied for were to accommodate flexibility.

Although the residents’ concerns were understood by Mrs Clarke, she informed Members that the area was densely populated and pubs were already situated within the vicinity.  She advised Members that the applicant would be servicing a small community of Polish people and offered that the applicant would compromise and reduce the hours open until 10.00 pm.

Mrs Clarke responded to questions from Members of the Sub-Committee.

Councillor Phil Davies reported that he had represented the area for twenty years and that the area was already served by a massive number of outlets selling alcohol.  He felt that if the application was to be granted it would exacerbate problems of anti-social behaviour and disorder in Birkenhead.  He informed Members that a substantial number of residents from Oxton Road had signed the petition and local residents did not want another licensed premises opening in the area.  He felt that it was driving businesses and residents away from the area and asked that Members take note of the very serious problems of anti-social behaviour in the area and consider the application very carefully.

Mr Brennan informed Members that he had owned and managed property in the area for over eight years and reported that there were massive problems in the area regarding anti-social behaviour related to alcohol.  He informed Members that the problems were worse during the day than in the evening.

Councillor Phil Davies and Mr Brennan responded to questions from Mrs Clarke.

In determining the matter Members gave consideration to the representations made by local residents and businesses and a Ward Councillor relating to concerns that the sale of alcohol at the premises could exacerbate public nuisance and anti social behaviour within the vicinity of the premises.

Members noted that the applicant would be installing CCTV at the premises and would be implementing a comprehensive training programme for all staff.

Members took into account that no representations had been received from any of the responsible authorities.  Members had regard to the statutory guidance, in particular paragraph 13.33 in relation to cumulative impact.

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 Wawel, 14 Oxton Road, Birkenhead be granted with the following hours:

Supply of Alcohol

Sunday to Saturday  08:00 - 22:00

Hours Open to the Public

Sunday to Saturday  08:00 - 22:00

(3)  That the additional condition be attached to the Premises Licence:

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