The Director of regeneration reported upon an application by Merseyside Police for review of a Premises Licence under the provisions of the Licensing Act 2003, in relation to Sherlock’s, 24 – 28 Conway Street, Birkenhead. The grounds for review were in relation to the prevention of crime and disorder and public safety and the Director set out the steps which could be taken by the sub-committee to promote the licensing objectives. No representations had been received from other Responsible Authorities and he reported that the Premises Licence allowed the following licensable activities –

Supply of Alcohol

Monday to Wednesday  10.00pm to 2.30am

Thursday to Saturday  10.00pm to 3.45am

Sunday  12.00noon to 12.30am

Hours Open to the Public

Monday to Wednesday  10.00pm to 3.00am

Thursday to Saturday  10.00pm to 4.15am

Sunday  12.00noon to 1.00am

Regulated Entertainment (Recorded Music)

Monday to Wednesday  10.00pm to 2.30am

Thursday to Saturday  10.00pm to 3.45am

Sunday  12.00noon to 12.30am

Entertainment Facilities (Facilities for Dancing)

Monday to Wednesday  10.00pm to 2.30am

Thursday to Saturday  10.00pm to 3.45am

Sunday  12.00noon to 12.30am

Sgt D Peers and Con K Cottrell (Merseyside Police) were in attendance, and Mr R Kerr (Premises Licence Holder) and Ms C Hodgin (Designated Premises Supervisor) were represented by Mr C Johnson (Solicitor).

Sgt Peers set out the reasons for the review, which were included within the application and related to glassing incidents within the premises. He commented also that further incidents nearby indicated that persons who attended premises in the vicinity were prepared to resort to high levels of violence and use glass as a weapon. Such offences undermined the prevention of crime and disorder objective and Merseyside Police sought a condition that no glass is served to any customers and plastic glasses and bottles must be used whilst the premises were open.

Mr Johnson indicated that following the incidents referred to, all glasses at the premises had been replaced voluntarily by the management with polycarbonate drinking vessels. However, he commented that there had been no incidents of violence at Sherlock’s that had involved the use of glass bottles and customers had expressed a clear preference for the continued use of bottles over drinks being decanted into plastic drinking vessels, so as to prevent drinks being spiked. In response to questions from members, Mr Kerr indicated that some of the bottled drinks sold at the premises were available in polycarbonate bottles, but most were not. However, Mr Johnson stated that Mr Kerr was prepared to move to the sole use of polycarbonate bottles if there was a single incident of violence involving a glass bottle at the premises in the future. He commented that the premises were very well managed and not high risk and suggested that a condition regarding the use of plastic bottles would not be proportionate to promote the Licensing Objectives.

In determining the application, the sub-committee had regard to the Council’s Statement of Licensing Policy, the Department of Culture, Media and Sport Guidance issued under section 182 of the Licensing Act 2003 and to 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 the determination of the application.

(2) That, having regard to the objectives to promote public safety and to prevent crime and disorder and whilst noting the professionalism shown by Mr Kerr, the sub-committee considered the following condition necessary and proportionate to prevent the risk of serious injury –

(i) All drinks must be served to customers in polycarbonate containers with effect from 1 February 2009.