The Director of Regeneration reported upon an application that had been received from Merseyside Police for the review of a Club Premises Certificate for the ESWA Club, 54-56 Park Road South, Birkenhead.

These premises currently have a Club Premises Certificate for the following licensable activities:

Supply of Alcohol

Sunday to Saturday 11.00 to 23.30

Hours Open to Members and Guests

Sunday to Saturday 11.00am to 00.00

Regulated Entertainment (Indoor Sporting Events)

Sunday to Saturday 11:00 to 23:30

Regulated Entertainment (Live Music and Recorded Music)

Sunday to Saturday 11:00 to 23:30

Entertainment Facilities (Facilities for Making Music, Dancing and Anything of a Similar Description)

Sunday to Saturday 11:00 to 23:30

A copy of the Club Premises Certificate setting out the above hours and conditions attached to the Certificate 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 Certificate conditions (permanently or for a temporary period of up to 3 months).

• Exclude a qualifying club activity from the scope of the Certificate (permanently or for a temporary period of up to 3 months).

• Suspend the Certificate for a period not more than 3 months.

• Revoke the Certificate.

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.

Sergeant D Peers, Police Licensing, and Constable Carl Cottrell attended the meeting and advised that the grounds for review were in relation to the management of the Club that had been undermining the Licensing Objectives of the Licensing Act 2003.

Mr T Nelson attended the meeting to represent members of the committee of the ESWA Club who were also in attendance.

The Licensing Officer confirmed that all relevant documentation had been sent and received.  A late representation had been received from Park High School to which Merseyside Police raised no objection and this was therefore taken into consideration.  Two further late representations had been received which were not accepted by Merseyside Police and therefore not considered.

Mr Nelson reported that discussions had taken place between himself and Merseyside Police and that there was no issue regarding the facts of the case.  The concern of Merseyside Police was that bookings had been accepted that did not comply with the club rules as functions must be booked by members, however, it was found that the ESWA club had committed breaches of their Club Premises Certificate and their own club rules.  Mr Nelson reported that the committee of the ESWA club were now aware of the problems and would ensure they did not re-occur.

Sergeant Peers reported that the ESWA Club held a Club Premises Certificate and as such must comply with the conditions of this and their own club rules.  There had been a number of complaints to Merseyside Police which had resulted in a joint agency visit on 4 September 2008 during which it was discovered that the games room and function room had been relocated without notification to the authorities.  Advice had been given to the club by himself and Constable Jones from Merseyside Police, Margaret O’Donnell, Licensing Officer and Andy Hilliard, Merseyside Fire and Rescue.  The club assured all parties of future compliance and that they would no longer accept 18th birthday parties.

On 21 February 2009 there was an incident at the premises which resulted in another visit from Merseyside Police on 26 February 2009 during which Mr and Mrs Nunn (Committee Chair and Secretary) admitted that the incident had taken place during a 16th birthday party which had been booked by a non-member.  Merseyside Police subsequently seized the booking diary which showed that a large number of functions had been booked by non-members.  Sergeant Peers reported that the evidence submitted showed blatant disregard of rules which undermined the licensing objectives and therefore requested revocation of the Club Premises Certificate.

Sergeant Peers responded to questions from Mr Nelson.

Mr Nelson outlined the background of the ESWA Club and reported that the premises had been part of Birkenhead culture since 1949 and that this was the first time that the Club had come before the Licensing Sub-Committee as it had a good reputation.  The members of the committee of the Club accepted that there had been breaches of the Club Premises Certificate, however they sought to assure the Sub-Committee that measures would be taken to ensure the correct running of the premises and invited the Sub-Committee to impose strict conditions upon the Club Premises Certificate.  Mr Nelson reported that the Club provided a daily facility to members of the public and urged the Sub-Committee to act upon public interest.

Mrs Nunn and Mr Taylor of the ESWA Club addressed the Sub-Committee to ensure that any future bookings taken would comply with club rules and gave their apologies for any breaches which had been undertaken by the Club.  They ensured that a written booking system and a club dispersal policy would be provided within 14 days and submitted to Merseyside Police and the Licensing Department.

Mr Nelson, Mrs Nunn and Mr Taylor responded to questions from Members of the Sub-Committee and Merseyside Police.

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 and Media and Sport Guidance issued under Section 182 of the Licensing Act 2003.

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 Club Premises Certificate shall be modified as follows:

(i)  All Committee Members and members of staff at the club must be fully trained in the legal requirements relating to the status of the premises in respect of holding a Club Premises Certificate.  This training must include details of the Club Rules adopted by the Committee.

(ii)  There shall be no functions to celebrate birthdays for persons under 22 years of age held at the premises.  Copies of Birth Certificates relating to the individual celebrating their birthday must be provided at the time of booking and retained with the booking details.

(iii)  No further bookings of functions at the Club Premises shall be accepted until the Club has provided evidence to the satisfaction of Merseyside Police (Licensing Division) and the Licensing Authority that the Club are able to administer their function booking system in accordance with their Club rules, conditions of the Club Premises Licence and the requirements of the Licensing Act 2003. These written procedures for accepting bookings must be submitted to the Licensing Authority and Merseyside Police within 14 days from the date of the decision letter for their approval.

(iv)  The Club shall develop a dispersal policy in conjunction with Merseyside Police (Licensing Division) and the Licensing Authority within 14 days from the date of the decision letter.  The Club Secretary must provide evidence to both Merseyside Police (Licensing Division) and the Licensing Authority of how the dispersal policy shall be implemented, also within this time period, namely 14 days.

(v)  There shall be clear signage displayed at the premises to reinforce the status of the Club, in that it is a Members Club.

(vi)  Proper Committee minutes shall be kept clearly showing decisions and responsibility for their implementation then to be available for inspection on request by Merseyside Police (Licensing Division) and/or the Licensing Authority.

(vii)  Adverts promoting the use of the Club by members of the public must not be displayed at the premises.

(3)  The modification to the Club Premises Certificate shall take effect 21 days from the date of the decision letter on 22 May 2009.