The Director of Regeneration reported upon an application by Mr and Mrs Geargeas for the grant of a Premises Licence for the premises known as Pizza and Grill, Old Chester Road, Bebington.

The application for the grant of a Premises Licence was as follows:

  Late Night Refreshment

  Sunday to Thursday  23:00 to 00:00

  Friday & Saturday  23:00 to 01:00

Hours Open to the Public

  Sunday to Thursday  16:00 to 00:00

  Friday & Saturday  16:00 to 01:00

The applicants were required to submit as part of their application 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 detailing the steps proposed by the applicant was available.

Members of the Licensing Act 2003 Sub-Committee were advised that the proposals set out in the operating schedule would become conditions of licence should the licence be granted.

In respect of this application four representations have been received from local residents relating to public nuisance from customers of the premises.  Copies of the representations were available.

The applicants had provided a petition in support of their application signed by 98 residents.

Environmental Health had made a representation in respect of the application regarding public nuisance following complaints from local residents.  A copy of the representation was available.

No other representations were received from the responsible authorities.

Mr and Mrs Geargeas, applicants, attended the meeting.

Mr M Pleass and Mr J Norman, objectors, attended the meeting.

Mr and Mrs Geargeas outlined the reasons for this application.  They responded to questions from Members and from the objectors regarding the operation of their business.

Mr Pleass summarised the reasons for his objection. He explained that there was a significant change in the way the business had traded during the past six months. The emphasis was now on the late night selling of pizzas on the internet whereas the previous pizza business had ceased trading at 11.30 pm., and this was having a detrimental effect on residential amenity. He suggested that this type of operation should be relocated to more appropriate premises.

Mr Norman summarised his objection. He referred to problems relating to litter associated with fast food establishments generally and to the late opening of this particular establishment which was in contravention of the planning permission.

The Director of Law , HR and Asset Management, advised the applicant that the current restriction on the planning permission meant that they would have to apply separately to the Planning Department to amend the current condition that trading shall cease at 11.30 pm.

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 Licensing Act  2003.

Members of the Sub-Committee also gave consideration to the representations made by local residents concerning noise nuisance, at a late hour, from within the premises caused by the extractor and also the behaviour from customers of these premises.  Concerns were also raised regarding the shutters being closed at a late hour causing a nuisance to local residents.

Resolved –

(1) That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during the determination of the application.

(2) That the application to grant a Premises Licence under the provisions of the Licensing Act 2003 in respect of Pizza and Grill 163 Old Chester Road, Rock Ferry, be approved with the following hours, and subject also to the following conditions:-

(a)  Hours of Operation

Late Night Refreshment

  Sunday to Monday  23:00 to 00:00

Hours Open to the Public

  Sunday to Monday   16:00 to 00:00

(b) Members recommended that advice be sought from Environmental Health regarding the shutters on the premises so as not to cause a nuisance to local residents. Members recommended that advice must also be sought from Planning in respect of the existing Planning Restrictions on the premises.