The Strategic Director of Regeneration and Environment reported upon an application that had been received from Sellathurai Ramanusam and Thasinthini Ramanusam for a Premises Licence in respect of Michaels of Moreton, 302 Hoylake Road, Moreton, under the provisions of the Licensing Act 2003.

The hours requested were outlined within the report.  The applicant had submitted an operating schedule setting out how the business would be conducted/managed 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. 

Representations had been received from twelve local residents.  The representations related to concerns that anti-social behaviour would increase within the vicinity of the premises, should the application be granted.  Representations also expressed concerns regarding young persons under the age of 18 gaining access to alcohol. 

A representation had also been received from Councillor Chris Blakeley, Moreton West and Saughall Massie Ward Councillor.  The representation supported the concerns expressed by local residents.  Copies of all representations were available.

Members were advised that further to consultation with Merseyside Police (Licensing Division), the applicant had agreed to a number of conditions being imposed on the Premises Licence should the application be granted

The applicant attended the meeting together with his representative.

Two local residents were in attendance together with Councillor Bruce Berry, Ward Councillor who was attending the meeting on behalf of Councillor Chris Blakeley.

The Chair requested whether all parties were content with the meeting being filmed by a member of the public.

One of the local residents who had made representations regarding the application objected to proceedings being filmed, therefore the Chair advised the member of the public to remove the camera.  This was directed in accordance with paragraph 25 of the Licensing Act 2003 (Hearings) Regulations 2005.

The Licensing Manager confirmed that all documentation had been sent and received and that the applicant wished to submit further documentation which was agreed to by all parties and would be considered at the appropriate time.  The Licensing Manager also confirmed that Councillor Blakeley had requested that Councillor Berry speak on his behalf.

The applicant’s representative advised Members that the premises was family run and that the applicant lived above the premises with his wife and children.  He reported that the applicant had run the premises for over a year and that the opening hours would remain the same.  He gave details of the applicant’s previous experience selling alcohol in that he had previously run premises in London and had not encountered any problems, he also outlined a number of measures that would be in place at the premises including Challenge 25, till prompts and CCTV.  He informed Members that the applicant and his wife both held Personal Licences and that two test purchases regarding age related products had taken place at the premises in the last 12 months that had been successful in that the sales had been refused.  He advised that the applicant understood the concerns of local residents but that he was willing to work with them and assured them that measures would be put in place to prevent any problems occurring.  He advised Members that the applicant would be willing not to sell alcohol with an ABV of 8.5% or above.  He also advised that the applicants wished to provide all products including alcohol for existing customers.

The applicant and his representative responded to questions from Members of the Sub-Committee, Mr D K Abraham, Legal Advisor to the Sub-Committee and Councillor Berry.

The local residents in attendance expressed concerns regarding another licensed premises being situated in the area and advised Members that Moreton was an alcohol free zone and that they had concerns that problems of anti social behaviour may increase if another outlet was permitted to sell alcohol.  They also expressed concerns regarding delivery vehicles outside the premises and believed that staffing levels at the premises should be increased if the application was granted.

Councillor Berry referred to the objections raised by Councillor Blakeley regarding the number of outlets selling alcohol within the vicinity and believed it would be inappropriate at this particular location.  Councillor Berry confirmed that he had no concerns presently but that he supported the concerns of residents regarding staffing levels and was also concerned that youths may gather in the area. 

Councillor Berry responded to questions from Members of the Sub-Committee and Mr D K Abraham.

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 considered the representations made by the applicant and had regard to the representations made by Ward Councillors as well as local residents.

Members also gave consideration to the measures proposed by the applicant that would be put in place to ensure that the Licensing Objectives would be upheld and ensure that alcohol would not be sold to young persons under the age of 18.  The applicant also indicated that whilst he and his wife would be working at the shop initially he would review staffing levels if and when appropriate.

Members had regard to the fact that there was no evidence presented by those objecting to the application that the granting of a Premises Licence would result in the sale of alcohol to persons under the age of 18 at these particular premises and that the granting of the licence would directly result in an increase in anti social behaviour within the vicinity of the premises.

Members also considered paragraph 13.18 of the Guidance which confirmed that the ‘need’ for premises is not a matter for the Licensing Authority in discharging its licensing functions.

In considering the concerns raised, Members also had regard to the fact that discussions had taken place with Merseyside Police and the applicant had agreed to a number of conditions.

In determining the matter 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 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 in respect of Michaels of Moreton, 302 Hoylake Road, Moreton, be granted with the following hours:

Sale by Retail of Alcohol

Sunday to Saturday  08:00 to 22:00

Hours Open to the Public

Sunday to Sunday  06:00 to 22:00

(3)  That the following conditions be placed on the Premises Licence:

• The premises must adopt a Challenge 25 Policy and display the appropriate posters regarding this Policy.

• No beer or cider with an ABV of 8.5% or above may be sold at the premises.

• The premises must maintain a refusals record and an incident record.  These records must be made available on request to an Authorised Officer.  These records must be checked and signed by the Designated Premises Supervisor on a regular basis to ensure that they are being used.

• CCTV must be installed at the premises and must be at least in accordance with the specification issued by the Licensing Authority.
• A till prompt system must be installed and maintained at the premises in order to alert staff to check the age of any purchaser attempting to purchase alcohol.

• All staff working at the premises must receive regular updated training in respect of preventing the sale of alcohol to persons under 18 years of age.  Training records must be kept and maintained and available on request to an Authorised Officer.