Meeting documents

Licensing Act 2003 Sub-Committee
Thursday, 14th June 2007

Present

Chair

H Smith

Councillors

A Taylor, Mr P Williams

Index to Minutes

Minute 1 - APPOINTMENT OF CHAIR

Minute Text :



Minute Decision :

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

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Minute 2 - 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 3 - NAME OF PREMISES: 23 ROWSON STREET, WALLASEY - NAME OF APPLICANT: SONER ERMIS

Minute Text :

The Director of Regeneration reported upon an application received from Soner Ermis for the grant of a Premises Licence in respect of premises known as 23 Rowson Street, Wallasey, 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 as follows:

Supply of Alcohol
Monday to Friday 6.00 am to 11.00 pm
Saturday 7.00 am to 11.00 pm
Sunday 8.00 am to 10.00 pm

Hours Open to the Public
Monday to Friday 6.00 am to 11.00 pm
Saturday 7.00 am to 11.00 pm
Sunday 8.00 am to 10.00 pm

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 nine representations had been received from local residents. The representation related to the potential public nuisance and anti-social behaviour. Two petitions had also been received containing a total number of 96 signatures. Copies of the representations and petitions were available.

No representations had been received from any of the Responsible Authorities.

Mr Ermis (applicant) attended the meeting to present his case.

Councillor Tony Pritchard attended the meeting as ward Councillor together with three local residents.

The Licensing Officer confirmed that all relevant notices had been sent out in respect of this application and a late representation had been received, this was however not considered by the Members of the Sub-Committee.

Mr Ermis pointed out that there had been an error regarding the supply of alcohol in the hours applied for and amended them as follows:-

Supply of Alcohol
Monday to Friday 10.00 am to 9.00 pm
Saturday 10.00 am to 9.00 pm
Sunday 10.00 am to 8.00 pm

Mr Ermis explained that the premises would mainly be selling fresh produce ie fruit and vegetables however he had applied for the supply of alcohol to help support his business financially. He explained that the building currently had the benefit of CCTV cameras inside and outside and roller shutters and that no sale of alcohol would be permitted to patrons under the age of 21 unless ID was produced.

Mr Ermis also explained that he had worked in a pub for three years and therefore had experience of selling alcohol.

Mr Ermis responded to questions from Members of the Sub-Committee and local residents. He explained that he would undertake training programmes for members of staff and would produce a training book. Mr Ermis felt that about 70% of sales would be on general produce and 30% on alcohol.

Councillor Pritchard raised concerns regarding historical problems in the area of anti-social behaviour and that this would cause major problems to local residents. He felt that youths would put pressure on local people to purchase alcohol from the premises. He also felt that parking was a major issue as there was a bus stop outside and double yellow lines and that this could potentially be dangerous.

Mr Ermis pointed out that as a licence holder he knew his responsibilities and would put these into practice as best he could.

Councillor Pritchard felt that there were already too many establishments in the area and that if the application were to be granted the problems regarding drink-related anti-social behaviour would be exacerbated.

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 for the grant of a Premises Licence under the provisions of the Licensing Act 2003 in respect of 23 Rowson Street, be granted with the following hours:

Supply of Alcohol
Monday to Friday 10.00 am to 9.00 pm
Saturday 10.00 am to 9.00 pm
Sunday 10.00 am to 8.00 pm

Hours Open to the Public
Monday to Friday 6.00 am to 11.00 pm
Saturday 7.00 am to 11.00 pm
Sunday 8.00 am to 10.00 pm

(3) That the following conditions be attached to the Premises Licence:-
(i) CCTV cameras shall be installed to minimum Local Authority specifications and shall include two cameras outside at the front of the premises, one outside at the rear of the premises and six inside the premises.
(ii) A training package be implemented for all staff employed at the premises to ensure due diligence at the premises in respect of the sale of alcohol.
(iii) An approved proof of age scheme 'over 21' shall be implemented at the premises.
(iv) A refusal book shall be introduced at the premises.

That it be recommended that staff should discourage the gathering of youths around the premises and liaise with the local police community support officer.

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Minute 4 - NAME OF PREMISES: MURCO COSTCUTTER, LEASOWE ROAD, WALLASEY - NAME OF SECRETARY: MURCO PETROLEUM LIMITED

Minute Text :

The Director of Regeneration reported upon an application received from Murco Petroleum Limited to vary a Premises Licence in respect of premises known as Murco Costcutter, Leasowe Road, Wallasey. The application details were:

Supply of Alcohol
24 hours

Hours Open to the Public
Sunday to Saturday 24 hours

Late Night Refreshment
Sunday to Saturday 11.00 pm to 5.00 am

The applicant had submitted an operating schedule as part of their application which 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 Sub-Committee were advised that the proposals set out in the operating schedule would become conditions of the licence should the licence be granted.

Twenty-two representations had been received from local residents. The representations related to the potential for public nuisance and anti-social behaviour. A petition containing 30 signatures had also been received. Copies of the representations and the petition were available.

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

No representations had been received from any of the other Responsible Authorities.

Mr Bird (Regional Manager) attended the meeting together with Cate Lynch (Lockett & Co) and Charles Underwood (Solicitor) to present the application.

Councillor Hayes attended the meeting as ward Councillor together with local residents.

The Licensing Officer informed Members of the Sub-Committee that the hours requested for the supply of alcohol had been amended by the applicant as follows:-

Supply of Alcohol
Sunday to Saturday 5.00 am to 12.00 midnight

The Licensing Officer also reported that representations from Merseyside Police had been withdrawn following discussions with the applicant. Subsequently Merseyside Police suggested that certain conditions be attached to the Premises Licence should the application be granted. This had been agreed by the applicant.

Mr Underwood outlined the application on behalf of Murco. He referred to the Guidance issued under section 182 of the Licensing Act 2003 and reminded Members of the Sub-Committee that the application was for a variation to follow the guidance and that it should be the case that if the premises were open 24 hours, it should have the benefit of a 24 hour licence. Mr Underwood reported that the premises appeared to be well run and that no convictions had been incurred. He reported that the premises had the benefit of CCTV, an alarm and had security bolt systems.

Mr Underwood responded to questions from Members of the Sub-Committee, local residents and the Ward Councillor.

Councillor Hayes expressed concern regarding anti-social behaviour problems experienced by local residents and asked that it be included in the condition that the surrounding wall be built up in such a way to prevent youths congregating around the premises.

Mr Edwards (local resident) advised Members of the Sub-Committee that local residents had been plagued with vandalism and advised that his main objection was regarding the surrounding wall and felt it would be more beneficial to residents if the wall were to be removed completely or failing this built up substantially.

Mrs Ridge (local resident) felt that if the application were to be granted problems regarding noise and disturbance would be created at an earlier hour which was unacceptable to local residents.

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.

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 the Premises Licence under the provisions of the Licensing Act 2003 in respect of Murco Costcutter, Leasowe Road, Wallasey be granted with the following hours:

Supply of Alcohol
Sunday to Saturday 7.00 am to 12.00 midnight

Hours Open to the Public
Sunday to Saturday 24 hours

Late Night Refreshment
Sunday to Saturday 11.00 pm to 5.00 am

(3) That the following additional conditions be attached to the Premises Licence to be implemented within two months of the licence being granted:
(i) An extra CCTV camera shall be installed to the rear of the premises to cover the alley.
(ii) A Mosquito Device shall be installed to the rear of the premises to cover the rear alleyway leading to Buxton Lane.
(iii) The existing perimeter wall in Buxton Lane shall be extended around the premises into Leasowe Road.
(iv) Reasonable steps shall be taken to discourage the congregation of youths around the perimeter of the premises.

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(Minutes Published: 26 June 2007)