The Director of Regeneration reported upon an application received from Marcus Bemrose to vary a Premises Licence in respect of premises known as Terrace C, 184 Telegraph Road, Heswall.

The application to vary the Premises Licence was as follows:

Supply of Alcohol

Sunday to Thursday 11:00 to 00:30

Friday and Saturday 11:00 to 01:00

Hours Open to the Public

Sunday to Thursday 11:00 to 01:00

Friday and Saturday 11:00 to 01:30

Regulated Entertainment (Live Music, Recorded Music, Performance of Dance and Anything of a Similar Description)

Sunday to Thursday 11:00 to 01:00

Friday and Saturday 11:00 to 01:30

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

Sunday to Thursday 11:00 to 01:00

Friday and Saturday 11:00 to 01:30

The applicant had also applied to vary the hours of Non-Standard Timings.

In respect of this application, two representations had been received from local residents.  The representations related to noise nuisance emanating from the premises caused by entertainment.  Copies of the representations were available.

Mr Bemrose, Premises Licence Holder, attended the meeting together with Mr Watson, General Manager and Mr Murch, Assistant Manager.

Mr Moore and Mr Fitzpatrick, local residents were also in attendance.

The Licensing Officer confirmed that all documentation had been sent and received and that a late representation had been received by a resident to which Mr Bemrose raised no objection and this was therefore taken into consideration by the Sub-Committee.  Mr Moore submitted some photographs which demonstrated the proximity of the premises to local residents.

Mr Bemrose addressed the Sub-Committee and outlined the reasons for the application, in that it was for commercial reasons and that he wanted a level playing field in line with other premises in the vicinity.  He reported that although the objections were because of noise emanating from the premises he had not had any contact from Environmental Health and they had made no representations.  He explained that the music had been turned off on the terrace and that the doors leading to the terrace were shut at 10.30 pm.  He proposed that as some of the complaints were regarding general noise emanating from the terrace the number of people allowed onto the terrace could be regulated.  Mr Bemrose stated that he would be willing to work together with local residents in order to resolve any problems raised.

Mr Bemrose proposed that drinks would not be allowed to be taken out onto the terrace after 11.00 pm and amended the hours applied for as follows:

Regulated Entertainment

Sunday to Thursday 11:00 to 00:30

Friday and Saturday 11:00 to 01:00

Entertainment Facilities

Sunday to Thursday 11:00 to 00:30

Friday and Saturday 11:00 to 01:00

Mr Bemrose responded to questions from Mr Abraham, Solicitor to the Sub-Committee.

Mr Moore outlined the problems he had experienced relating to noise and disturbance at night.  Residents had suffered from this problem since 2006 and he explained that the noise was projected towards his property.  Mr Moore felt that the terrace had become far busier since the smoking ban had been in place.  Mr Moore had been in contact with Environmental Health and Mr Zorn had visited his premises and measured the noise levels which had exceeded acceptable levels.  Mr Moore referred to the planning permission which stated that no trading should take place between the hours of 23:30 and 08:00 and reported that the premises had been trading until 01:00 at weekends.  Mr Moore therefore urged that Members refuse the application.

Mr Fitzgerald addressed the Sub-Committee and expressed his wishes that they work together as a community.  He felt that restricting the time that drinks be allowed to be taken out onto the terrace would solve some of the problems raised.

Mr Bemrose reported that he had not been aware of the restrictions on the planning permission at the premises and stated that the premises would now not be trading after 11.30 pm until a further application had been made to the Planning Committee.

Members of the Sub-Committee had regard to the representations made by Local Residents.  Representations were made in respect of the Prevention of Public Nuisance.  Members considered evidence from residents that should the application be granted this would create further disturbances at a later hour than was already being caused from entertainment emanating from the premises and customers occupying the outside terrace of the premises.  The premises were situated close to residential properties and it was considered that granting the application for extended hours would undermine the Licensing Objective in respect of the Prevention of Public Nuisance.

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.

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 to vary the Premises Licence be refused.