Meeting documents

Licensing Act 2003 Sub-Committee
Monday, 2nd July 2007

Present

Chair

WJ Davies

Councillors

JJ Salter, CM Teggin

Index to Minutes

Minute 5 - APPOINTMENT OF CHAIR

Minute Text :


Minute Decision :

Resolved - That Councillor Bill Davies be appointed Chair for this meeting.

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Minute 6 - 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 7 - NAME OF PREMISES: THE GRANGE, 407 HOYLAKE ROAD, MORETON - NAME OF APPLICANT: SPIRIT GROUP LIMITED

Minute Text :

The Director of Regeneration reported upon an application received from Spirit Group Limited to vary a Premises Licence in respect of premises known as The Grange, 407 Hoylake Road, Moreton under the provisions of the Licensing Act 2003. The application details were:

A request to remove a condition currently attached to the Premises Licence namely that the outside drinking area shall be cleared of all people, glasses and bottles by 10.00 pm. The following condition was also proposed by the applicant:

"No consumption of alcohol or food in the outside drinking area from 10.00 pm and all glasses and bottles shall be cleared at this time."

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.

Three representations had been received from local residents. The representations related to the potential for public nuisance and anti-social behaviour. A petition containing 33 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.

Ms Graham (Licensee), Ms Bredwell (Area Manager) and Ms Griffiths (member of staff) attended the meeting together with Mr Davies (Solicitor) to present the application.

Councillor Blakeley attended the meeting as Wward Councillor following requests from local residents for him to speak on their behalf. Two local residents, Mr McCormick and Mr Hulme also attended.

Mr Davies outlined the application on behalf of Spirit Group Limited. He explained that the application was a very simple one which had been motivated by the Health Act 2006 and the no smoking legislation, however it had generated concern for local residents. Mr Davies explained that the external areas were at the front, back and right of the premises. He felt that if smokers weren't accommodated by the above proposal, the only other option for them would be to smoke out on the street which he felt would potentially be a public nuisance as patrons would be beyond the control of Spirit Group Limited. Mr Davies felt that the solution to the problem would be to vary the use of the outside area in a restrictive way which would therefore promote the four licensing objectives. Mr Davies clarified that the designated area would be limited solely to the front of the premises and that this would be regulated by way of external patrols and the display of notices. Mr Davies therefore felt that the licensing objectives had been sufficiently promoted and if the application was successful and any difficulties were experienced by residents in the future they could apply for a review.

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

Councillor Blakeley explained that the area was a residential one and that houses surrounded the premises to all sides. He reminded Members of the Sub-Committee that the existing condition had been imposed by the Licensing Panel to protect local residents. He expressed his concern regarding the existing management arrangements and therefore had no confidence in the proposed future arrangements. He also stated that if the application were to be granted it would make a big difference to the lives of local residents. He urged that Members of the Sub-Committee refuse this application and retain the existing condition for the protection of local residents.

Mr McCormick (local resident) expressed his concern regarding noise nuisance and felt that the management could not be relied upon to enforce current controls.

Mr Hulme (local resident) felt that if the application were to be granted, problems regarding noise nuisance would be exacerbated due to patrons congregating outside the premises.

The Licensee and the Solicitor responded to questions from the local residents, the Ward Councillor and Members of the Sub-Committee.

In summing up Mr Davies referred to the Guidance issued under section 182 of the Licensing Act 2003 in respect of the ability to review a Premises Licence and suggested that the proposed variation would be in accordance with the licensing objectives. He also pointed out that the matter could be reviewed in the future.

Councillor Blakeley commented that the review procedure was not a simple process and reiterated that the Licensing Panel in 2005 imposed the existing condition to protect 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 the Grange, 407 Hoylake Road, Moreton be refused. The evidence presented at the hearing gave concern to members in relation to public nuisance that could be caused by people being in teh outside drinking area beyond 10.00 pm. Members requested that there be ongoing talks between the Premises Licence Holder and residents to prevent public nuisance being caused, and it was therefore deemed necessary to refuse the application.

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Minute 8 - NAME OF PREMISES: MOCKBEGGAR HALL, HOYLAKE ROAD, MORETON - NAME OF SECRETARY: JD WETHERSPOON PLC

Minute Text :

The Director of Regeneration reported upon an application received from JD Wetherspoon plc to vary a Premises Licence in respect of premises known as Mockbeggar Hall, Hoylake Road, Moreton under the provisions of the Licensing Act 2003. The application details were:

A request to remove a condition currently attached to the Premises Licence namely that the beer garden must close at 6.00 pm. The following condition was also proposed by the applicant:

"There will be no consumption of alcohol or soft drinks or licensable activities permitted in the beer garden after 7.00 pm."

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.

Three representations had been received from local residents. The representations related to the potential for public nuisance and noise. Copies of the representations 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 Walsh (Licensee) and Mr Riley (Area Manager) attended the meeting together with Ms Johnson (Solicitor) to present the application.

Councillor Blakeley attended the meeting as Ward Councillor following requests from local residents for him to speak on their behalf. Two local residents, Mrs Wilkinson and Ms Coogan also attended.

The Director reported that a late representation had been received. Councillor Blakeley indicated that he had no objections to the consideration of the late representation. Ms Johnson raised an objection to the late representation and it was not therefore considered.

Ms Johnson outlined the application on behalf of JD Wetherspoon plc. She explained that the application was to extend the use of the beer garden by one hour and thereafter for the sole purpose of allowing patrons to smoke outside. Ms Johnson reported that Wetherspoons had introduced trials regarding no smoking pubs for about a year and therefore were familiar with complying with the smoking legislation. The applicant was concerned that, if the application was not successful, patrons would congregate on the pavement in a busy shopping area and thereby cause an obstruction to other pedestrian users. It was intended that the smoking area would be equipped with seating and patio heaters which were adjacent to the premises and away from adjoining residential properties.

Ms Johnson reported that discussions had taken place with Merseyside Police and the Environmental Health Officer who had not raised any objections to the application. Ms Johnson felt that on balance, the application was a reasonable request as the premises provided a service to the whole community and only three residents had objected to the application together with Councillor Blakeley.

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

Councillor Blakeley expressed his reservations regarding the use of the small beer garden area because it would impact on residential amenities. Councillor Blakeley referred to the fact that the original application to vary the Premises Licence in July 2005 had been proposed with the existing condition (that the beer garden be closed at 6.00 pm) by the applicants to appease local residents. He asked that the Sub-Committee take account of the reasons for the existing condition, the impact on local residents if this were to change and the fact that the premises had ample frontage if patrons wished to smoke. He therefore urged the Sub-Committee to refuse this application.

Mrs Wilkinson (local resident) expressed her concern regarding noise nuisance.

Ms Coogan (local resident) felt that if the application were to be granted, problems regarding noise nuisance would be exacerbated late at night.

Ms Johnson responded to questions from Councillor Blakeley, the local residents and Members of the Sub-Committee.

In summing up Ms Johnson stated that as smoking was a legitimate activity, patrons should not go onto the pavement outside. Therefore, on balance, as the premises were used by the community as a whole and only two residents had objected to the application, felt that the application was not unreasonable. Ms Johnson pointed out that the application would be open to review subject to any problems experienced in the future.

Councillor Blakeley responded that smokers were not treated as second class citizens and felt that it would be reasonable to refuse the application if only one person had objected. Councillor Blakeley referred to the existing condition which had been proposed by Wetherspoons in 2005, the petition containing 72 signatures, and the fact that there was ample frontage to the premises where people could smoke if they wished. He therefore requested that the application be refused.

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 consumption of alcohol or soft drinks or licensable activities shall be permitted in the beer garden until 7.00 pm and that the beer garden be closed and cleared of people by 7.00 pm.

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Minute 9 - NAME OF PREMISES: WINE CELLAR, MARTINS LANE, WALLASEY - NAME OF APPLICANT: MERSEYSIDE POLICE

Minute Text :

The Director of Regeneration reported upon an application for the review of a Premises Licence in respect of premises known as the Wine Cellar, Martins Lane, Wallasey, under the provisions of the Licensing Act 2003.

These premises currently had a Premises Licence for the following licensing activities:

Supply of Alcohol

Monday to Saturday 8.00am to 11.00pm
Sunday 10.00am to 10.30pm

Non-Standard Timings

Good Friday 8.00am to 10.30pm
Christmas Day 12.00noon to 3.00pm and 7.00pm to 10.30pm

A copy of the operating schedule attached to the Premises Licence was available. The Sub-Committee was advised that the details set out in the operating schedule were conditions attached to the licence.

The Director advised that the Sub-Committee 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.

It was reported that on 8 December 2006, the Licensing Act 2003 Sub-Committee had considered an application received from Merseyside Police to review the Premises Licence for the Wine Cellar, Martins Lane, Wallasey due to underage sales taking place at the premises. Members of the Sub-Committee had resolved to suspend the Premises Licence for a period of one month.

Sgt Turner and Constable J Moran attended the meeting.

Sgt Turner outlined the background and referred to the anti-social behaviour in the area. Sgt Turner explained that the Police were tasked to deal with this behaviour and that the primary cause was youth disorder in this area which was being fuelled by under age alcohol sales. He reported that the area around Central Park was a gold hotspot for youth disorder. He referred to the previous decision of the Sub-Committee on 8 December 2006 to suspend the licence for one month. He reported that on 17 April 2007 the premises were visited by an under age volunteer and a sale was made. Sgt Turner explained there had been a change of Designated Premises Supervisor but that the same people were at the helm of the premises. There was a Police concern regarding whether the premises were being run in a fit and able manner as the situation had not improved and the Police were therefore seeking to revoke the licence.

Further information to support the grounds for review was included within the application and had been made available to sub-committee members.

The applicant (Mrs Horton) attended the meeting, together with the designated premises supervisor, Mr Horton.

Councillor Salter asked the Police representatives to explain the test purchase under age procedure.

Constable Moran explained the procedure. She further reported that other stores had challenged the volunteers, however the same incident had occurred again at these premises the first time they had been visited by an under age volunteer.

Mr Horton reported that all members of staff had attended 'Think 21' courses in association with Trading Standards. He had emphasised to his staff the importance in following the guidance to prevent under age alcohol sales and was therefore very disappointed that the further breach of the legislation had occurred. He reported that the premises were currently in the process of being sold and submitted three letters in confirmation of this.

Mr Horton reported that he had owned the premises for 15 years and had had a good rapport with the Police until the last two years. He explained that Mr Lewis was the Manager of the premises.

Councillor Teggin referred to the resolution of the Sub-Committee regarding suspension of the licence for one month and measures which should have been implemented which had clearly not been done ie that Mr Lewis become a Personal Licence Holder in order that he may replace Mrs Horton as the Designated Premises Supervisor.

Mr Horton responded that Mr Lewis could not be persuaded to become Designated Premises Supervisor and could not be forced to do so.

Sgt Turner considered that the proposed sale of the premises was irrelevant and did not address the problems associated with under age alcohol sales. The main concern was that the situation at these premises had not improved despite cautions and fixed penalties being imposed.

In respect of this application, a representation had been received from a local resident in support of the review application made by Merseyside Police. A copy of the representation received was available. A representation had also been received from Councillor Hawkins.

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 gave particular consideration to representations made by Merseyside Police relating to alcohol being sold to under aged persons.

Accordingly it was considered necessary to suspend the Premises Licence for a period of six weeks in order to support the licensing objectives and as a duty to protect people from harm.

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 six weeks with effect from the date of the letter of notification.

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Minute 10 - ANY OTHER URGENT BUSINESS: TEMPORARY EVENT NOTICE - HOTEL CALIFORNIA

Minute Text :

The Chair accepted this item as a matter of urgent business on the grounds that a decision was required before the next scheduled meeting of this Committee.

The Director of Regeneration submitted a copy of the Temporary Event Notice submitted by the applicant for Hotel California together with a letter of objection from Merseyside Police.

The applicant (Lee Owen) attended the meeting together with the Designated Premises Supervisor (Helen Finch) to present the application.

Sgt Turner and Constable J Moran were also in attendance.

Sgt Turner referred to the licensing objective of crime and disorder and felt that the application should be refused in order to prevent this as there were no safeguards in place in the basement of the Hotel California in that there was no listed minimum occupancy figure, no guidance with regard to stewards or SIA registered staff and no CCTV was installed.

Constable J Moran supplied a log of the history of events which had occurred at the premises in support of the objection to the application.

The applicant felt that as the application was for a temporary event there was no requirement for the area to be subject to CCTV coverage. He explained that the only access to the basement was through the main premises and therefore this was controlled by door supervisors and/or CCTV. The applicant advised that a safety steward would be present in the basement who would be equipped by a two-way radio in the event of an incident. The applicant described the staircase leading to the basement and distributed photographs to all parties to illustrate this, he also reported that there was an escape route leading directly to the beer garden.

The applicant explained the reason for the application in that it would be for musicians and music lovers. He advised that the event was expected to be attended by about 30 or 40 people and was not expected to go beyond 60 people. Although there were concerns from Merseyside Police, the applicant anticipated no problems or concerns as the basement contained a secondary lighting system, break glass call points, a fire escape route, a fire alarm and fire fighting equipment. The applicant advised Members of the Sub-Committee that he was a responsible licensee and therefore urged that the application be granted.

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

Sgt Turner outlined the Police objections relating to the history of disorder at the premises, the lack of CCTV and door staff in the basement area and reiterated concerns regarding the width of access and egress to and from the basement area.

The applicant reported that he would be happy for the Fire Officer to visit the premises.

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 gave particular consideration to representations made by Merseyside Police relating to crime and disorder.

Minute Decision :

Resolved - That the application for the grant of a temporary event notice in the basement area of the Hotel California be refused for the following reasons:

• Evidence had been provided by Merseyside Police relating to a history of Crime and Disorder at the premises;

• There was no provision of CCTV in the area where the event would take place to assist with the deterrence of crime or if necessary assist in the detection of crime;

• There was insufficient controls proposed to deal with the potential for crime and disorder;

• Concerns had been raised by Merseyside Police in respect of gaining access to the area should there be disorder;

• Should there be disorder at the event there was the potential for this to spread from the area where the event was proposed into other areas of the premises that could be occupied by 160-180 persons on a Friday and potentially 250-280 persons on a Saturday.

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(Minutes Published: 13 July 2007)