The Director of Regeneration reported upon an application received from Perinparajah Amalraj to grant a Premises Licence in respect of premises known as Best One, Fleetcroft Road, Woodchurch, under the provisions of the Licensing Act 2003.

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

Supply of Alcohol

Sunday to Saturday 06:00 to 23:00

Hours Open to the Public

Sunday to Saturday 06:00 to 23:00

The applicant attended the meeting together with Kuperan Murunesa and their representative Mr M Stafford.

In respect of this application fifty two representations had been received from local residents. The representations related to anti-social behaviour and public nuisance caused by youths congregating within the vicinity of the premises. A petition containing 598 signatures had also been received. Copies of the representations and the petition were available.

Merseyside Police had made a representation in respect of this application concerning the prevention of crime and disorder. A copy of the representation and police logs were available. Sergeant D Peers, Inspector B Griffiths and Constable C Cottrell attended the meeting.

Many local residents attended the meeting in support of their objections to the application.  Councillor P A Smith and Mr P Shanks (Chairman & Director, Childwall Green Residents (RTM Company) Ltd) attended the meeting to make representations on behalf of local residents.

No representations had been received from any of the other Responsible Authorities.

The Licensing Officer confirmed that all relevant notices had been sent out in respect of this application and that additional evidence had been supplied by the applicant in the form of a DVD.  The Licensing Officer had also received a late representation to which the applicant objected and this was therefore not taken into consideration.

The Licensing Officer informed Members that the applicant wished to amend the application as follows:-

Supply of Alcohol

Sunday to Saturday 06:00 to 22:00

Hours Open to the Public

Sunday to Saturday 06:00 to 22:00

Mr Stafford addressed the Sub-Committee and explained that although the applicant had realised that the application was controversial and that the previous application which had been made in February 2008 had been unsuccessful, he reported that since the premises had been trading for a year without the sale of alcohol, a high level of request had been made for the premises to be able to sell alcohol.

Mr Stafford outlined the various procedures that the applicant was willing to put into place in order to prevent the sale of alcohol to persons under the age of 18 years and concerns regarding public nuisance which included the installation of an OKID machine which he felt would assist when dealing with the problem of proxy sales and a CCTV system which would consist of 5 external and 11 internal cameras.  He stated that the applicant would be willing for the installation of these to be made a condition to be attached to the Premises Licence.  Mr Stafford outlined other measures the applicant would be willing to make such as voluntarily agreeing to restrictions of sales to over 21’s during school holidays.  He informed the Sub-Committee that the till had an electronic refusal button and that the applicant was very responsible.  He felt that the concern of local residents appeared to be issues of youth disorder in the area which was not necessarily alcohol related.  He explained that the applicant would be promoting the licensing objectives as much as possible and therefore was not likely to exacerbate existing problems.  He felt that the petition containing 598 signatures in objection to the application was not relevant as it did not mention any of the licensing objectives.

Mr Stafford and the applicant responded to questions from Members of the Sub-Committee, the Police, Councillor Smith and Mr Shanks.

Sergeant Peers addressed the Sub-Committee and expressed his concerns regarding the application in relation to the high degree of anti-social behaviour in the area much of which was believed to be alcohol related.  He felt that the OKID system would not prove effective as customers do not have to be over 18 in order to enter the premises.  He felt that the existing problems of youth disorder in the area would be exacerbated if the application were to be granted.  He also expressed concerns that the good work which had been undertaken in the area by the Local Community Support Officer would be undone.  He referred to the fact that the Neighbourhood Inspector Mr Griffiths was in attendance at the meeting which indicated how important the matter was.

Inspector Griffiths stated that he was in attendance at the previous hearing in 2008 and that there had been few changes since then.  He expanded upon the problems experienced in the area relating to anti-social behaviour . He outlined the problems concerning alcohol and young people in the area.  He felt that although the OKID system would be useful this would not stop the existing problems of proxy sales.  He referred to the issues raised previously regarding  the number of young people on this Estate who had lost their lives due to alcohol.  He felt that the strength of feeling from local residents was reflected in the number in attendance at the meeting.

Mr Shanks addressed the Sub-Committee and outlined the strong concerns of local residents.  He reported that the Property Management Company had taken security measures in the form of gating which had been constructed, however the problems concerning youths drinking alcohol in the area had continued.  He referred to the rejection of the previous application and various press releases relating to problems with alcohol.  He asked that the application be rejected as it was felt the important work which had been undertaken by Merseyside Police to address the existing problems in the area would be undermined if the application were to be granted.

Councillor Smith reflected that the circumstances had not changed since the previous application which had been made and commented upon the large number of people who had contacted him to express their concerns.  He asked that the application be rejected on the grounds put forward by Merseyside Police, Mr Shanks and the number of residents in objection to the application.

Sergeant Peers, Inspector Griffiths responded to questions from Members of the Sub-Committee and Mr Stafford.

The applicant demonstrated the CCTV system by DVD to the Sub-Committee and responded to questions from Members regarding this and the OKID system.

Mr Stafford felt that the problems outlined were not relevant to the licensing objectives.  He felt that it could not be demonstrated that the sale of alcohol at the premises would exacerbate existing problems in the area.  He referred to the fact that the applicant had amended the hours requested for the supply of alcohol and also offered conditions which would be attached to the Premises Licence and that they were willing to work in conjuction with Merseyside Police and therefore felt it would be appropriate to grant the application.

Sergeant Peers referred to the statutory duty of the Sub-Committee to support the licensing objectives and therefore reject the application.

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 the Licensing Act 2003.  Members gave particular consideration to the view of Merseyside Police that the granting of the licence would seriously undermine the licensing objectives in respect of the prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm.

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 Best One, Fleetcroft Road, Woodchurch, be refused.