Meeting documents

Licensing Act 2003 Sub-Committee
Friday, 7th September 2007

Present

Chair

H Smith

Councillors

DE Roberts, A Taylor, Mrs P M Williams

Index to Minutes

Minute 30 - APPOINTMENT OF CHAIR

Minute Text :

Minute Decision :

Resolved - That Councillor H Smith be appointed Chair for this meeting.

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Minute 31 - DECLARATIONS OF INTEREST

Minute Text :

The Head of Legal and Member Services requested members to consider whether they had any personal or prejudicial interests in connection with any items on this agenda and, if so, to declare them and state what they were.

No such declarations were made.

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Minute 32 - NAME OF PREMISES: CHARING CROSS HOTEL, GRANGE ROAD WEST, BIRKENHEAD - NAME OF SECRETARY: JOYCE CASEY

Minute Text :

The Director of Regeneration reported upon an application received from Joyce Casey to vary a Premises Licence in respect of premises known as the Charing Cross Hotel, Grange Road West, Birkenhead, under the provisions of the Licensing Act 2003. The application details were:

Supply of Alcohol
Monday to Thursday 9.00 am to 1.00 am
Friday and Saturday 9.00 am to 2.30 am
Sunday 10.00 am to 1.00 am

Hours Open to the Public
Monday to Thursday 9.00 am to 1.30 am
Friday and Saturday 9.00 am to 2.45 am
Sunday 10.00 am to 1.30 am

Regulated Entertainment (Live Music)
Monday to Thursday 8.00 pm to 1.00 am
Friday and Saturday 6.00 pm to 2.00 am
Sunday 6.00 pm to 1.00 am

Regulated Entertainment (Recorded Music)
Monday to Thursday 10.00 am to 1.00 am
Friday and Saturday 6.00 pm to 2.00 am
Sunday 11.00 am to 1.00 am

Anything of a Similar Description to that of Live and Recorded Music
Friday and Saturday 6.00 pm to 2.00 am

Entertainment Facilities (Facilities for Making Music and Dancing)
Monday to Thursday 8.00 pm to 1.00 am
Friday and Saturday 8.00 pm to 2.00 am
Sunday 6.00 pm to 1.00 am

Entertainment Facilities of a Similar Description to that of Making Music and Dancing
Monday to Saturday 8.00 pm to 1.00 am
Sunday 6.00 pm to 1.00 am

Late Night Refreshment
Friday and Saturday 11.00 pm to 2.00 am
Sunday 11.00 am to 1.30 am

Joyce Casey was represented at the hearing by Mr Ed Casey.

J Moran and S Barrell, Police Licensing, were also in attendance.

Merseyside Police had made a representation in respect of this application concerning public safety, crime and disorder and public nuisance. A copy of the representation was available. No other representations had been received from any of the other Responsible Authorities.

Mr Casey amended the hours applied for Entertainment Facilities (Facilities for Making Music and Dancing) to the hours listed above.

Councillor Smith sought clarification on Anything of a Similar Description to that of Live and Recorded Music.

J Moran informed Members of the Sub-Committee that the Police were prepared to withdraw their representations subject to the agreement by the applicant of the conditions proposed. J Moran also informed Members that Mr Casey was Chair of Pubwatch and had always supported the Police and corrected any problems raised.

The Head of Legal and Member Services referred to a letter received from the Fire Authority and asked Mr Casey to comment.

Mr Casey reported that the Fire Officer had not been satisfied with the emergency lighting however this had been immediately rectified and the Licensing Enforcement Officer had since visited the premises and reported back to the Fire Officer that he had been satisfied.

J Moran referred to the proposed conditions listed on the Police representation and Mr Casey responded that he would be happy to comply with these conditions except that the doors be kept closed after 9.00 pm as he had never experienced any complaints regarding noise nuisance.

J Moran confirmed that there had been no complaints regarding noise therefore did not require that condition to be part of the licence.

The Director of Regeneration clarified the meaning of 'Anything of a Similar Description' to the Members of the Sub-Committee.

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 Licensing Act 2003.

Minute Decision :

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 vary a Premises Licence in respect of the premises known as the Charing Cross Hotel, be granted with the following hours:-

Supply of Alcohol
Monday to Thursday 9.00 am to 1.00 am
Friday and Saturday 9.00 am to 2.30 am
Sunday 10.00 am to 1.00 am

Hours Open to the Public
Monday to Thursday 9.00 am to 1.30 am
Friday and Saturday 9.00 am to 2.45 am
Sunday 10.00 am to 1.30 am

Regulated Entertainment (Live Music)
Monday to Thursday 8.00 pm to 1.00 am
Friday and Saturday 6.00 pm to 2.00 am
Sunday 6.00 pm to 1.00 am

Regulated Entertainment (Recorded Music)
Monday to Thursday 10.00 am to 1.00 am
Friday and Saturday 6.00 pm to 2.00 am
Sunday 11.00 am to 1.00 am

Anything of a Similar Description to that of Live and Recorded Music
Friday and Saturday 6.00 pm to 2.00 am

Entertainment Facilities (Facilities for Making Music and Dancing)
Monday to Thursday 8.00 pm to 1.00 am
Friday and Saturday 8.00 pm to 2.00 am
Sunday 6.00 pm to 1.00 am

Entertainment Facilities of a Similar Description to that of Making Music and Dancing
Monday to Saturday 8.00 pm to 1.00 am
Sunday 6.00 pm to 1.00 am

Late Night Refreshment
Friday and Saturday 11.00 pm to 2.00 am
Sunday 11.00 am to 1.30 am

(3) That the following conditions be attached to the Premises Licence:-
(i) No alcohol or food shall be consumed externally.
(ii) There shall be no external regulated entertainment or background music.
(iii) There shall be a strict 'Think 21' policy in place at the premises.
(iv) There shall be no persons aged under 18 years on the premises after 9.00 pm.
(v) CCTV cameras shall be installed to minimum Local Authority specifications.

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Minute 33 - NAME OF PREMISES: BON ACCORD, 228 CLAUGHTON ROAD, BIRKENHEAD - NAME OF APPLICANT: MERSEYSIDE POLICE

Minute Text :

The Director of Regeneration reported upon an application by Merseyside Police for the review of a Premises Licence in respect of premises known as Bon Accord, 228 Claughton Road, Birkenhead.

These premises currently had a Premises Licence to allow the following Licensable Activities:

Supply of Alcohol
Monday to Saturday 6.00am to 11.00 pm
Sunday 6.00am to 10.30pm


The sub-committee was advised that it may, having regard to the application for review and any relevant representations, take such of the following steps as it considers necessary for the promotion of the licensing objectives:

• Modify the Licence conditions (permanently or for a temporary period of up to 3 months).
• Exclude a licensable activity from the scope of the Licence (permanently or for a temporary period of up to 3 months).
• Remove the Designated Premises Supervisor (if applicable).
• Suspend the Licence for a period not more than 3 months.
• Revoke the Licence.

The grounds for review were in relation to underage volunteers purchasing vodka from the premises on two separate occasions and the Premises Licence Holder selling alcohol to drunken persons. Further information to support the grounds for review were included within the application.

In respect of this application no representations had been received from interested parties or from any of the other Responsible Authorities.

Merseyside Police were represented by Constable S Barrell and Constable J Moran (Police Licensing Officers).

Mr Harbens Bining, Premises Licence Holder also attended the meeting.

The Director of Regeneration reported that a further document had been received by Mr Bining to which the Police had no objection to and this was therefore considered by Members of the Sub-Committee.

Constable Barrell reported that on 12 October 2006 Mr Bining had been cautioned for the sale of alcohol to a person under 18 and that on 17 April 2007 a summons file was submitted prosecuting the seller and the Designated Premises Supervisor, Mr Bining. Constable Barrell further reported that on 16 June 2007 a sales assistant was issued a fixed penalty for selling alcohol to drunken persons and Mr Bining was cautioned for the offence of knowingly selling alcohol to drunken persons.

The Police Licensing Officers gave further details surrounding the above-mentioned incidents and responded to questions from Members of the Sub-Committee and from Mr Bining.

Mr Bining read out the letter he had submitted in which he referred to the petition which had been signed by about 1000 people in support of the running of the premises. Mr Bining outlined to the Sub-Committee the efforts he had made to ensure the premises were well run and confirmed that he had been willing to co-operate with the Police and local communities.

Mr Bining responded to questions from Members of the Sub-Committee and the Police Licensing Officers.

Mr Bining also responded to questions from the Head of Legal and Member Services during which he confirmed that he had been selling alcohol at the premises for about 14 years, however only about 25% of sales were alcohol sales.

Constable J Moran expressed her concern regarding Birkenhead town centre being a gold hot spot and reported that the offences mentioned above had been taken very seriously as the Police have zero tolerance. Constable Moran urged that Mr Bining support the Police in future.

In determining the application, the Sub-Committee had regard to the licensing objectives, the Council's statement of Licensing Policy and the Department of Culture, Media and Sport guidance issues under Section 182 of the Licensing Act 2003. Members of the Sub-Committee considered the seriousness of the offences in that the actions outlined above was undermining the Licensing Objectives in relation to the prevention of Crime and Disorder, the Protection of Children from Harm and Prevention of Public Nuisance whilst also considering that Mr Bining provided a service to the local community.

Minute Decision :

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 Premises Licence be suspended for a period of 28 days.

(3) That during the suspension period the Premises Licence Holder was required to undertake a training programme of all staff in respect of 'Think 21' policy and provide evidence of the training to the Licensing Authority prior to the expiry of the 28 days suspension.

(4) That Members also considered it necessary to attach the following condition to the Premises Licence:-

(i) Prominent notices shall be displayed on the premises informing customers of the proof of age policy and that proof of age may be requested when purchasing alcohol.

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Minute 34 - NAME OF PREMISES: SASHIMI BISTRO, GRANGE ROAD, WEST KIRBY - NAME OF APPLICANT: SASHIMI BISTRO LIMITED

Minute Text :

The Director of Regeneration reported upon an application received from Sashimi Bistro Limited for the grant of a Premises Licence in respect of premises known as Sashimi Bistro, Grange Road, West Kirby under the provisions of the Licensing Act 2003.

These premises had not previously been licensed.

The application for the grant of a Premises Licence was amended at the hearing with the following hours:

Supply of Alcohol
Sunday to Thursday 10.00 am to 11.30 pm
Friday and Saturday 10.00 am to 12.00 midnight

Hours open to the Public
Sunday to Thursday 7.30 am to 12.00 midnight
Friday and Saturday 7.30 am to 12.30 am

Regulated Entertainment (Live Music)
Sunday to Thursday 12.00 noon to 11.30 pm
Friday and Saturday 12.00 noon to 12.00 midnight

Regulated Entertainment (Recorded Music)
Sunday to Thursday 10.00 am to 11.30 pm
Friday and Saturday 10.00 am to 12.00 midnight

Entertainment Facilities (Facilities for Making Music and Dancing)

Sunday to Thursday 10.00 am to 11.30 pm
Friday and Saturday 10.00 am to 12.00 midnight

Late Night Refreshment

Sunday to Thursday 11.00 pm to 11.30 pm
Friday and Saturday 11.00 pm to 12.00 midnight

Non Standard Timings

The following days have been requested until 12.30 am for the Supply of Alcohol and Regulated Entertainment with Late Night Refreshment and the Hours Open to the Public until 1.00 am.

Bank Holiday Friday, Saturday and Sundays, Maundy Thursday, Christmas Eve, Boxing Day, St Valentine’s Day and St Patrick’s Day.

New Years Eve:
Supply of Alcohol and Regulated Entertainment 10.00 am to 2.00 am
Hours Open to the Public 10.00 am to 2.30 am

Applicants were required to submit as part of their application an operating schedule that set out how they would conduct/manage their business in accordance with the four Licensing Objectives. A copy of the full application detailing the steps proposed by the applicant was available.

Members of the Licensing Act Sub-Committee were advised that the proposals set out in the operating schedule would become conditions of the licence should the licence be granted.

In respect of this application three representations had been received from local residents. The representations related to the potential for public nuisance from customers and noise emanating from the premises. Copies of the representations were available.

A Ward Councillor had also made a representation to the application which supported the views expressed by the local residents. A copy of the representation was available.

Environmental Health had made a representation to the application concerning the potential for public nuisance from music emanating from the premises. A copy of the representation was available. No other representations had been received from any of the other Responsible Authorities.

The applicant attended the meeting together with his legal representative. Also in attendance were Mr Joughin (Environmental Health Officer), Mr E Bushell, Mr G Holden and Ms M Callaghan, local residents.

The Licensing Officer informed Members that a representation had been made which had been received outside the statutory timescales and therefore could only be considered with the consent of the applicant. The applicant objected to the representation and therefore this was not taken into consideration. The Licensing Officer also informed Members of the Sub-Committee that the applicant wished to amend the hours applied for as listed above.

The applicant outlined his proposals for the premises in that he wanted to create a relaxing atmosphere with background music where people could talk. With the agreement of all parties the applicant submitted an artist's image of the premises as to how they would look and explained that there would be room to seat about 24 people. He anticipated that 30-40% of sales would be alcohol sales and 60-70% food sales. He referred to the objections raised by residents and following discussions had taken the view that it would be appropriate to reduce the hours as now applied for. He addressed the four licensing objectives and explained the steps he would be taking to ensure these were adhered to.

The applicant responded to questions from the local residents and Members of the Sub-Committee.

The Environmental Health Officer expressed his concerns regarding the potential for noise nuisance and proposed that a condition be attached to the Licence should it be granted to address this problem.

Ms Callaghan was anxious that there had been lack of communication with the applicant regarding his proposals. She felt that the late hours applied for were likely to cause problems regarding noise nuisance and explained that the route to the toilet was external and the only access was across her rear yard which was situated underneath her bedroom window.

The Licensing Officer clarified that a notice had been displayed on the premises and in the newspaper and that there was no legal requirement to notify residents

Mr Holden explained that his main concern was regarding noise nuisance as the premises were situated in a residential area and the area was over supplied with similar establishments. He referred to cumulative impact and the recent no smoking legislation and felt that this added to noise disturbance. He explained he had no objections to the Bistro opening but felt that noise would be created by people arriving and leaving late at night.

The residents responded to questions from the applicant.

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 Licensing Act 2003. Members had regard to the representations made by local residents regarding public nuisance, however they also noted the applicant's willingness to amend the application following particular concerns relating to the hours sought. Members further noted that there had been no other representations received other than from Environmental Health, and that the applicant was willing to comply with the condition proposed by Environmental Health.

Minute Decision :

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 the Premises Licence under the provisions of the Licensing Act 2003 in respect of Sashimi Bistro, Grange Road, West Kirby, be granted as amended with the following hours:

Supply of Alcohol
Sunday to Thursday 10.00 am to 11.30 pm
Friday and Saturday 10.00 am to 12.00 midnight

Hours open to the Public
Sunday to Thursday 7.30 am to 12.00 midnight
Friday and Saturday 7.30 am to 12.30 am

Regulated Entertainment (Live Music)
Sunday to Thursday 12.00 noon to 11.30 pm
Friday and Saturday 12.00 noon to 12.00 midnight

Regulated Entertainment (Recorded Music)
Sunday to Thursday 10.00 am to 11.30 pm
Friday and Saturday 10.00 am to 12.00 midnight

Entertainment Facilities (Facilities for Making Music and Dancing)

Sunday to Thursday 10.00 am to 11.30 pm
Friday and Saturday 10.00 am to 12.00 midnight

Late Night Refreshment

Sunday to Thursday 11.00 pm to 11.30 pm
Friday and Saturday 11.00 pm to 12.00 midnight

Non Standard Timings

The following days have been requested until 12.30 am for the Supply of Alcohol and Regulated Entertainment with Late Night Refreshment and the Hours Open to the Public until 1.00 am.

Bank Holiday Friday, Saturday and Sundays, Maundy Thursday, Christmas Eve, Boxing Day, St Valentine’s Day and St Patrick’s Day.

New Years Eve:
Supply of Alcohol and Regulated Entertainment 10.00 am to 2.00 am
Hours Open to the Public 10.00 am to 2.30 am

(3) That the following additional conditions be attached to the Premises Licence:
(i) No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.
(ii) All external doors and windows shall be kept closed when live music is being played except in the event of an emergency and to permit entrance to and egress from the premises.
(iii) The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.
(iv) There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, notices requiring customers to leave the premises and the area quietly.
(v) Bottles or broken glasses shall not be disposed of from the premises between the hours of 9.00 pm and 9.00 am so as not to cause a disturbance to residents in the vicinity of the premises.
(vi) The use of taxi firms providing a call back facility must be promoted at the premises.
(vii) CCTV of an approved standard shall be installed and maintained, with recordings being retained for 30 days and handed to the Police on request.
(viii) No amplified music shall be played in support of live entertainment.
(ix) There shall be no smoking outside the rear of the premises and signs shall be displayed to this effect.
(x) There shall be no external drinking.
(xi) Staff training regarding 'Challenge 21' shall be undertaken.

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(Minutes Published: 21 September 2007)