The Director of Regeneration reported upon an application that had been received from David Wilcox for the grant of a Premises Licence in respect of Taurus Service Station, Orrysdale Road, West Kirby, under the provisions of the Licensing Act 2003.

These premises had not previously been licensed and the application for the grant of the Premises Licence was as follows:

Supply of Alcohol

Sunday to Saturday 07:00 to 23:00

Hours Open to the Public

Sunday to Saturday 07:00 to 23:00

In accordance with Section 176 of the Licensing Act 2003, alcohol is prohibited from being sold at premises that are primarily used as a garage, or are part of premises used primarily as a garage.  Premises are used as a garage if they are used for one or more of the following:

- the retail of petrol

- the retail of derv

- the sale of motor vehicles

- the maintenance of motor vehicles

The applicant had provided additional information to support that these premises would not be used primarily as a garage which was available.

In respect of this application six representations had been received from local residents.  The representations related to public nuisance caused by youths and alcohol related incidents within the vicinity of the premises.  Copies of the representations were available.

David Wilcox attended the meeting together with his solicitor Barry Holland.

The Licensing Officer confirmed that all documents had been sent and received and that all residents who had made representations had been invited to attend the meeting however none of them were in attendance.

Mr Holland explained that he had provided evidence regarding the use of the site and the anticipated footfall.  The figures he had produced showed that in two other similar sites, Brooklands and Beechley, the shop was the leading reason for the site being in existence and it was anticipated that the footfall of the new site would match these sites.  He reported that the use of the shops in both the existing premises were 62% and 63% respectively and it was anticipated that there would be a marked growth in the shop sales and no great increase in fuel sales.  He outlined that this was a clear indication that the primary use of the site would be for retail.  Mr Holland reported that the premises would be a traditional convenience store which would sell some 2,000 lines, there would be a bakery area and coffee making facilities.  He also reported that liquor would be stored in specially designed units.  He pointed out that there had been no representations made by Merseyside Police and that he had spoken to Sergeant Peers regarding the application, also no residents were in attendance.  He informed Members that CCTV would be installed which would meet the requirements of the Police and there would be a minimum of two staff at all times.

Mr Holland and Mr Wilcox responded to questions from Members of the Sub-Committee.

Members took into account that the evidence put forward showed that the applicant was vigilant in his other store with regard to the sale of alcohol and noted the steps he intended to take regarding the licensing objectives.

Members were satisfied that the premises would not be used primarily as a garage.

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 for the grant of a Premises Licence for the Supply of Alcohol and Hours Open to the Public Sunday to Saturday 07:00 to 23:00 be granted.