Meeting documents

Licensing Act 2003 Sub-Committee
Friday, 10th August 2007

Present

Councillors

AC Hodson, SAM Niblock, JJ Salter, CM Teggin

Index to Minutes

Minute 25 - APPOINTMENT OF CHAIR

Minute Text :

Minute Decision :

Resolved -

(1) That Councillor J Salter be appointed Chair for the morning session which considered the applications regarding the Lighthouse and the Kings Arms.

(2) That Councillor A C Hodson be appointed Chair for the afternoon session which considered the application regarding the Birkenhead Park Rugby Union Football Club.

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Minute 26 - 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 27 - NAME OF PREMISES: LIGHTHOUSE, WALLASEY VILLAGE, WALLASEY - NAME OF APPLICANT: GREENE KING BREWING AND RETAILING LIMITED

Minute Text :

The Director of Regeneration reported upon an application by Greene King Brewing and Retailing Limited to vary a Premises Licence in respect of the premises known as the Lighthouse, Wallasey Village, Wallasey, under the provisions of the Licensing Act 2003.

The application was a request to alter the plans currently attached to the Premises Licence to incorporate an all external weather garden facility.

There would be no changes to the current licensable activities.

Greene King Brewing and Retailing Limited was represented at the hearing by Mr W Lee (Licensee).

A representation had been received from a local resident. The representation related to the proposed public nuisance from customers of the premises within the proposed all external weather garden facility. A copy of the representation was available, however there were no members of the public in attendance.

No representations had been received by any of the responsible authorities.

Mr Lee explained that the application had been made in order to incorporate a smoking shelter due to the recent no smoking legislation. He explained that this would be situated at the front of the premises and that planning permission had already been granted. Mr Lee felt that without the proposed application, customers would smoke in the car park outside the premises and felt that the above proposal would provide a more controlled solution.

Mr Lee responded to questions from 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. Members gave consideration to a representation concerning the potential for public nuisance and also noted the applicant's willingness to prevent public nuisance through the management of the proposed area and the removal of the seating furniture from the area at 11.00 pm.

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 by way of alterations to the plans currently attached to the Premises Licence to incorporate an all weather garden facility be granted.

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Minute 28 - NAME OF PREMISES: KINGS ARMS, KINGS LANE, HIGHER BEBINGTON - NAME OF APPLICANT: GREENE KING BREWING AND RETAILING LIMITED

Minute Text :

The Director of Regeneration reported upon an application by Greene King Brewing and Retailing Limited to vary a Premises Licence in respect of the premises known as the Kings Arms, Kings Lane, Higher Bebington, under the provisions of the Licensing Act 2003.

At the meeting, the applicant withdrew the application for extended hours following particular concerns from local residents, therefore the application to be considered was:

That the following condition currently imposed on the Premises Licence be removed as a consequence of the proposed variation:

• Beer garden to front and rear be cleared by 11.00 pm

The variation proposed by the applicant was:

• No drinking or eating to take place in the outside areas after 11.00 pm

Greene King Brewing and Retailing Limited was represented at the hearing by Mr P Cassidy (Designated Premises Supervisor).

Five representations had been received from local residents. The representations related to public nuisance, anti social behaviour and noise emanating from the premises. A petition containing 93 signatures had also been received. Copies of the representations and the petition were available. Councillors Sheila Clarke and Walter Smith were in attendance on behalf of local residents.

Merseyside Police had made a representation in respect of this application concerning public safety, crime and disorder and public nuisance. Constable S Barrell attended the meeting on behalf of Merseyside Police.

Mr Cassidy explained that the premises was primarily a family pub and that he had held many charity events. He reported that he actively discouraged bad behaviour and had put in place various practices to encourage people to leave the premises quietly. He outlined the difficulties he had experienced due to being a new Designated Premises Supervisor at the premises as he could not be held responsible for incidents that had occurred during the occupancy of previous Designated Premises Supervisors. He explained that the application had been made to take account of the recent no smoking legislation and was confident that he could manage this effectively.

Mr Cassidy submitted a report dated 4 August 2007 which had been carried out at the premises by an independent company and responded to questions from Members of the Sub-Committee.

Constable Barrell addressed the Sub-Committee and referred to the suggestion made by Sergeant Turner that there be no drinking outside after 9.00 pm, however he felt that a lot of the incidents listed in the log had now been discounted. Constable Barrell responded to questions from Members of the Sub-Committee and it was established that there was no evidence of any problems that had occurred in the beer garden.

Councillor S Clarke explained that some of the fears and concerns expressed by local residents had now been allayed, however there was still some underlying concern. She expressed concern regarding noise and anti-social behaviour and explained that the premises was situated in a residential area. Councillor Clarke put forward some suggested conditions which could be attached to the Premises Licence to alleviate concerns of local residents.

Councillor W Smith explained that he was happy with the assurances made by Mr Cassidy and stated that he would inform local residents of those assurances.

It was established by the Licensing Officer that patrons would be confined to the rear of the premises after 9.00 pm and confirmed by Constable Barrell that this would address part of the representation made by Merseyside Police.

It was noted by the Sub-Committee that many of the concerns held by local residents related to incidents that had occurred prior to the current Designated Premises Supervisor being at the premises. It was also noted that the current Designated Premises Supervisor was willing to adopt effective management practices to address the concerns raised.

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 noted the applicant's willingness to withdraw the application for extended hours and had regard to the representations made by local residents and two Ward Councillors concerning public nuisance, anti-social behaviour and noise emanating from the premises. Members also had regard to representations from Merseyside Police concerning public safety, crime and disorder and public nuisance.

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 Licensing Act 2003 Sub-Committee agreed that:
(i) The area outside the front of the premises shall be cleared of people after 9.00 pm
(ii) No drinking or eating shall take place outside the rear of the premises after 11.00 pm

(3) That the following conditions be attached to the Premises Licence:-
(i) All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency and to permit access to or egress from the premises and in any event by 9.00pm.
(ii) 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.
(iii) The use of taxi firms providing a call back facility must be promoted at the premises.

It was noted that the Members of the Sub-Committee made a request that the applicant liaise with local residents.

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Minute 29 - NAME OF PREMISES: BIRKENHEAD PARK RUGBY UNION FOOTBALL CLUB, PARK ROAD NORTH, BIRKENHEAD - NAME OF SECRETARY: PETER GREVILLE

Minute Text :

The Director of Regeneration reported upon an application received from Peter Greville to vary a Club Premises Certificate in respect of premises known as Birkenhead Park Rugby Union Football Club, Park Road North, Birkenhead, under the provisions of the Licensing Act 2003.

At the meeting, the applicant amended the hours requested on the application. Therefore, the application to vary the Club Premises Certificate was as follows:

Supply of Alcohol
Monday to Thursday 12.00 noon to 11.00pm
Friday and Saturday 11.00 am to 12.00 midnight
Sunday 12.00 noon to 10.30 pm

Hours Open to Members and their Guests
Monday to Thursday 8.00 am to 12.00 midnight
Friday and Saturday 8.00 am to 1.00 am
Sunday 9.00 am to 11.00 pm

Regulated Entertainment (Live and Recorded Music)
Monday to Thursday 12.00 noon to 11.00 pm
Friday and Saturday 11.00 am to 12 midnight
Sunday 12.00 noon to 10.30 pm

Non-standard Timing:
New Years Eve
Supply of Alcohol and Regulated Entertainment 11.00 am to 3.00 am
Hours Open to Members and their Guests 8.00 am to 4.00 am

Mr Greville (Club Secretary) attended the meeting together with Miss Andrea Fitzgerald (Solicitor) and Councillor George Davies.

Twelve representations had been received from local residents. The representations related to loud noise from music emanating from the premises and anti-social behaviour from customers leaving the premises at a late hour. Copies of the representations were available. Mr K Thompson and Mr R Perry were in attendance in support of local residents.

No representations had been received by any of the responsible authorities.

The solicitor explained that when transferring the certificate in July 2005 from the old Club Registration Certificate to the Club Premises Certificate, the regulated entertainment had not been transposed, therefore the application before the Sub-Committee was in order to correct a technical error. She referred to various complaints made by local residents and outlined various steps the Club had made to address them. Miss Fitzgerald referred to the four licensing objectives and felt that these had been addressed in making the application. She felt that the Club was vital to the community and explained that it had been there for 125 years and felt that if the application were to be refused the Club might be forced to close down eventually.

Ms Fitzgerald and Mr Greville responded to questions from Mr Thompson and Mr Perry and Members of the Sub-Committee.

Councillor Davies made representations in support of the Rugby Club and expressed the view that local residents and the Club should work together as neighbours to address any problems that may occur. He reported that £1,000,000 had gone into works on the Club and therefore would be disappointed to see it fold.

Mr Perry felt that very few people from the local community actually used the Club and could not see the need for it to be open until 1.00 am. He also felt that the Club had no consideration for people living in the direct community and expressed his objections to the hours applied for.

Mr Thompson outlined the problems he had experienced which emanated from the Club. He reported that local residents had to sleep with windows closed due to noise levels late at night and early hours of the morning, fighting in the streets, reving of engines and horns sounding, smashing of bottles and shouting in the car park. He felt that any problems would be solved by regulated entertainment not being granted.

Mr Perry and Mr Thompson responded to questions from Ms Fitzgerald.

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 also had regard to representations made by local residents concerning loud noise from music emanating from the premises and anti-social behaviour from customers leaving the premises at a late hour.

Members considered that the hours granted and the conditions applied were a proportionate response to the application presented and were necessary for the promotion of the Licensing Objectives.

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 Club Premises Certificate in respect of premises known as Birkenhead Park Rugby Union Football Club, Park Road North, Birkenhead be granted with the following hours:

Supply of Alcohol
Monday to Thursday 12.00 noon to 11.00pm
Friday and Saturday 11.00 am to 11.30 pm
Sunday 12.00 noon to 10.30 pm

Hours Open to Members and their Guests
Monday to Thursday 8.00 am to 11.30 pm
Friday and Saturday 8.00 am to 12.30 am
Sunday 9.00 am to 11.00 pm

Regulated Entertainment (Live and Recorded Music)
Monday to Thursday 12.00 noon to 11.00 pm
Friday and Saturday 11.00 am to 12.00 midnight
Sunday 12.00 noon to 10.30 pm

Non-standard Timing:
New Years Eve
Supply of Alcohol and Regulated Entertainment 11.00 am to 3.00 am
Hours Open to Members and their Guests 8.00 am to 4.00 am

(3) That the following conditions be attached to the Club Premises Certificate:-
(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 regulated entertainment is being provided except in the event of an emergency and to permit access to or egress from the premises and in any event by 9.00 pm.
(iii) The certificate 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) There shall be no 18th Birthday Party Celebrations held at the Club Premises.
(vii) The use of taxi firms providing a call back facility must be promoted at the premises.
(viii) There shall be a designated member of staff to supervise people inside the premises in respect of the dispersal of these people via taxis.

It was noted that the Members of the Sub-Committee made a request that the applicant liaise with local residents.

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(Minutes Published: 11 September 2007)