The Director of Regeneration reported upon an application that had been received from Green King Retailing Limited to vary a Premises Licence in respect of the Red Cat, Greasby Road, Greasby, under the provisions of the Licensing Act 2003.

The application to vary the Premises Licence is to remove the following conditions from the Premises Licence:

No children to be allowed on site after 19.00 hrs

Outside areas to be closed and cleared by 22.00 hrs

No external music to be played

Public Entertainment Licence Conditions transferred from the previous licence issued under the Local Government (Miscellaneous Provisions) Act 1982

The applicant has requested that the above conditions be replaced with the following conditions:

No children to be allowed on site after 21.00 hrs

No external drinking to take place after 22.00 hrs

No external music to be played after 22.00 hrs

Following discussions with Environmental Health the applicant agreed to the following amendments:

No external eating or drinking to take place after 22.00 hrs (to replace the above requested condition) and external music to be limited to background music.

Mr Chris Cronchie, attended the meeting on behalf of Greene King Retailing Limited, together with Russell Jacobs, Designated Premises Supervisor and Carol Jacobs of the Red Cat, Greasby.  Mr Cronchie informed members that under new management, the Red Cat had recently undergone minor refurbishment in a step towards a more food and family orientated area of business.  Mr Cronchie felt that these measures would give the Red Cat more parity with local competition.

Mr Cronchie stressed that the Red Cat had no ambition to offer outside music or entertainment.  Members were advised the premises did not have any facilities for such activities.  He confirmed that Fire Doors would be kept closed after 10pm to prevent background music drifting out of the premises and that noise levels would be monitored.

The Director of Regeneration indicated that the current Premises Licence stated that all external doors and windows (apart from access and egress) must be kept shut when any entertainment was taking place.

Councillor Peter Reisdorf, Ward Councillor for Greasby, Frankby and Irby, attended the meeting and spoke on behalf of residents who had submitted representations relating to noise nuisance.  The Red Cat was situated in close proximity to several residential areas and residents were concerned about the detrimental impact the noise would have on their properties.

Mr Cronchie re-assured Councillor Reisdorf that the Red Cat had no interest in providing outside music.  Mr Jacobs also pointed out that there had been incidents when they had received complaints from residents about the level of noise at times when the premises had been closed.  His assumption was that the noise nuisance had been emanating from other premises within the locality.

Mr Cronchie was asked to clarify the outside area of the Red Cat.  He presented a map to the Sub-Committee highlighting the area in question.  At present smokers were not allowed in the outside area after 10pm and there was a tendency for them to stand on the roadside at one of the two entrances to the premises.  The proposed variation to the licence would enable smokers to use the outside area which would assist in containing noise levels.

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 under the provisions of the Licensing Act 2003 be granted and subject to the following conditions:

·  No children to be allowed on site after 21.00 hrs

·  No external eating or drinking to take place outside after 22.00 hrs

·  Public Entertainment Licence conditions should be removed from the licence.

(3)  The following condition shall remain on the licence:

·  No external music to be played