The Director of Law, HR and Asset Management reported upon an application that had been received from Gary Laycock and Timothy Herring to vary a Premises Licence in respect of La Bodega, Market Street, Hoylake, under the provisions of the Licensing Act 2003.

The hours applied for regarding the variation were set out within the report.  The applicant had also proposed to amend a number of conditions that were currently imposed on the Premises Licence, details of these were also set out within the report.

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, three representations had been received from local residents.  A representation had also been received from the Hoylake Residents Forum.  A petition signed by 94 local residents who were against the application had also been received.  The representations related to anti-social which was considered to be a problem within the vicinity of the premises.  Copies of the representations were available.

A representation had also been received from Ward Councillor, John Hale.  The representation supported the concerns expressed by local residents and a copy was available.

The applicant, Mr Laycock attended the meeting together with his legal representative, Mr C Johnson.

Councillor John Hale, Ward Councillor attended the meeting together with Mrs McKinley, Mr Dyson and Mr Bullock on behalf of local residents.

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

The applicant advised Members that he operated other licensed premises on the Wirral and had many years experience within the licensing trade.  He gave a brief description of the premises and reported that there had been no incidents of crime and disorder associated with the premises.  He further reported that he had been a member of the local Neighbourhood Action Group and had been Chair of Pubwatch.  He believed that should the variation be granted, this would add to the economy within the area with minimum disruption to the local community.

The applicant responded to questions from local residents, Councillor Hale, Members of the Sub-Committee and Mr Abraham, Legal Adviser to the Sub-Committee.

Councillor Hale reported that the premises were situated in very close proximity to residential properties.  He advised Members that local residents had experienced noise and nuisance in the area.  He requested that the variation to the hours and conditions be refused.

Mr Dyson believed that there were too many bars in a largely residential area and that problems occurred when people gathered outside after closing due to noise nuisance.  He believed that should the variation be granted the situation would be made worse by the occurrence of noise nuisance later at night and that this would be extremely detrimental to residents.

Mrs McKinley expressed her concerns regarding noise nuisance late at night which would be exacerbated should the variation be granted and the close proximity of local residents to the premises.  She also referred to the cumulative impact of noise from the licensed premises within the vicinity and requested that the variation of hours and conditions be refused.

Mr Bullock reported that he had experienced low-level anti-social behaviour in respect of vandalism to his premises.  He expressed concerns regarding migration to the premises at a later hour should the variation be granted and noise nuisance late at night.

The local residents and Councillor Hale responded to questions from Members of the Sub-Committee, the applicant and his legal representative.

Mr Johnson invited the comments of Mr Raybold, Co-ordinator of Wirral Pubwatch Scheme.

Mr Raybold addressed the Sub-Committee and reported that Mr Laycock had been engaged in the scheme since its inception.  He also reported that there had been no reported incidents in Hoylake within the past four months.

Mr Raybold responded to questions from local residents, Councillor Hale and Members of the Sub-Committee.

Mr Johnson referred to the Statutory Guidance issued under the Licensing Act 2003.  He pointed out that no objections had been received from Merseyside Police or Environmental Health and asked that the variation be granted as requested.

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 general concerns of licensed premises being open beyond 00:30 within Hoylake.  Members noted that the concerns related to a perception that anti-social behaviour and noise nuisance may be caused if the application was granted.

Members took into account that there was no evidence presented linking the premises directly to any incidents of public nuisance or disorder within the vicinity of the premises.

Members had regard to the fact that there were no representations from any of the Responsible Authorities, in particular Merseyside Police and Environmental Health and that the evidence presented by those objecting to the application was not specifically related to these premises.

Members also had regard to representations relating to concerns that public nuisance could be caused by people migrating to the premises from other licensed premises in the area as well as people leaving the premises at a late hour.

Members considered the representations made by the applicant in respect of his experience in managing licensed premises, his contribution to the local Pub Watch Scheme and his undertaking to ensure that the premises would be operated in a responsible manner so as not to cause nuisance to residents and that should any issues be brought to his attention they would be dealt with accordingly.

Members also took into account Section 11 of the Guidance in respect of the review mechanism provided by the Licensing Act 2003 when problems associated with the Licensing Objectives occur after the grant or variation of a Premises Licence.

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 under the provisions of the Licensing Act 2003, in respect of La Bodega, be granted with the following hours:-

Sale by Retail of Alcohol

Sunday to Thursday  11:00 to 00:00 (unchanged)

Friday and Saturday  11:00 to 01:00

Hours Open to the Public

Sunday to Thursday  09:00 to 00:30

Friday and Saturday  09:00 to 01:30

Regulated Entertainment (Live Music)

Sunday to Thursday  11:00 to 00:00

Friday and Saturday  11:00 to 01:00

Regulated Entertainment (Recorded Music)

Sunday to Thursday  09:00 to 00:00

Friday and Saturday  09:00 to 01:00

Late Night Refreshment

Sunday to Thursday  23:00 to 00:00

Friday and Saturday  23:00 to 01:00

(3)  That the application regarding Non-Standard Timings be refused.

(4)  That in addition to the appropriate conditions proposed in the operating schedule, the following conditions be applied to the licence:

• No persons must be allowed to enter the premises beyond 00:00 on Fridays and Saturdays.

• Two SIA registered door supervisors must be employed from 23:00 on Fridays and Saturdays.

• Staff must ensure that customers leave the premises quietly.

• No glasses or bottles must be taken from the premises.

• Customers wishing to leave the premises after 00:00 must leave the premises via the exit on Albert Road.

• The outside area on Albert Road must be cleared by 23:00.

• Customers must only use the outside area at the rear of the premises for smoking after 23:00.

• All external doors and windows must be kept closed when regulated entertainment is being provided except in the event of an emergency and to allow access to or egress from the premises.

• The licence holder or his/her representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.  A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.