The Director of Law, HR and Asset Management reported upon an application that had been received from Andre Tedesco to vary a Premises Licence in respect of the Monte Carlo Restaurant, 22-24 Market Street, Hoylake, under the provisions of the Licensing Act 2003.

The application to vary the Premises Licence was to remove the following condition currently imposed on the Premises Licence:

• The sale of alcohol must be ancillary to the sale of a substantial meal.

Applicants were 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.

In respect of the application, two representations had been received from local residents.  A representation had also been received from The Hoylake, West Kirby and District Society.  A petition had also been received signed by 167 local residents who were against the application.  The representations related to anti-social behaviour and public nuisance which they stated was currently a problem within the vicinity of the premises.  Those making the representations considered that the removal of the condition would change the way the premises operated and would subsequently lead to an increase in public nuisance.  Copies of the representations were available.

The applicant, Mr Tedesco, attended the meeting together with his business partner Mr Thompson.

Councillor Hale, Mrs McKinley and Mr Bullock, local residents, were also in attendance.

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

Mr Thompson advised that the premises had opened as a Mediterranean restaurant and as such the applicant wished to vary the concept of the premises and be able to offer the facility to sell drinks separately.

Mr Thompson responded to questions from Members of the Sub-Committee and Mr Abraham Legal Adviser to the Sub-Committee and Councillor Hale.

Councillor Hale raised concerns regarding residents who lived opposite the premises being disturbed by noise and nuisance.

Mr Thompson advised that the music would be background music and that it would not be in their best interests to cause disturbance to local residents.

Mrs McKinley addressed the Sub-Committee, she reported that she had discussed her concerns with the applicant and that her concerns had been met.

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 Statutory Guidance issued under section 182 of the Licensing Act 2003.

Members gave consideration to representations made by local residents and a Ward Councillor relating to concerns that public nuisance could be caused by customers using the premises as a bar if they did not have to consume a meal.  In determining the matter Members noted that residents had discussed their concerns with the applicant and were now content that the primary use of the premises would continue to be as a restaurant.

Members also noted that there were no representations received from any of the Responsible Authorities in particular Merseyside Police and Environmental Health.

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 the Premises Licence in respect of the Monte Carlo Restaurant, 22-24 Market Street, Hoylake, be granted to remove the following condition:

• Sale of alcohol must be ancillary to the sale of a substantial meal.