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 QT, 3-7 Wilbraham Street, Birkenhead, under the provisions of the Licensing Act 2003.

The premises currently have a Premises Licence which 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 application had been submitted by Merseyside Police and the Licensing Sergeant advised that the grounds for review were in relation to the prevention of crime and disorder, public safety and the prevention of public nuisance following unlicensable activities taking place at the premises and a number of serious breaches that had been identified at the premises.

A representation had also been received from the manager of the Central Hotel on behalf of hotel residents.  The representation related to public nuisance by way of music emanating from the premises late at night.

Sergeant P Jenkins and Constable P Coley, Merseyside Police, attended the meeting.

Mr P Smith, owner of the premises was in attendance.

Mr P Turner, Manager, Central Hotel also attended the meeting.

The Licensing Officer reported that all documentation had been sent and received and that a letter had been received from the current Premises Licence Holder stating that she would have no further connection to the premises.

Sergeant Jenkins reported that there had been a change since Merseyside Police had initially asked for a revocation of the Premises Licence in that Mr Smith had informed him that he would be taking on the role of Premises Licence Holder and would uphold the conditions of the current licence and also incorporate a condition regarding noise nuisance in view of the representations received from the Central Hotel.  Sergeant Jenkins reported that he would therefore be content for Mr Smith to become Premises Licence Holder for these premises.

Sergeant Jenkins responded to questions from Members of the Sub-Committee and Mr D K Abraham, Legal Advisor to the Sub-Committee.

Mr Smith reported that he would undertake the running of the premises and assured Members that there would be no problems in the future.  He informed Members he had taken the noise problem into consideration and advised he would visit the Central Hotel and liaise with Mr Turner.

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

Mr Turner reported upon ongoing problems regarding noise nuisance and suggested that the doors be kept closed and asked about the possibility of a noise level being set by Environmental Health.

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 relevant guidance issued under Section 182 of the Licensing Act 2003.

Members of the Sub-Committee considered evidence from Merseyside Police that whilst Chanelle Skelly was in control of the premises unlicensed activities were being conducted at the premises and a number of breaches were identified following a number of visits made to the premises by Merseyside Police.

Members also considered evidence from Paul Turner, Premises Licence Holder of the Central Hotel, regarding noise from regulated entertainment coming from the premises which causes a nuisance to residents of his Hotel.

In determining the matter Members took into account that since the detection of the unlicensed activities and breaches of the Premises Licence conditions, Ms Skelly had been removed of her responsibilities and that the owner of the premises, Peter Smith would take over as Premises Licence Holder.  Members had regard to representations made by Merseyside Police that they were content that Ms Skelly is no longer involved in the premises.

Members therefore considered that the modification of conditions to the Licence was a proportionate response and necessary for the promotion of the Licensing Objectives.

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 conditions of the Premises Licence be modified as follows:

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

• A noise limiter device must be installed in the premises and set to a level, in consultation with officers from Environmental Health Department.

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