The Director of Law and Corporate Services reported upon an application that had been received relating to a Premises Licence in respect of The Blind Cow, 1 Town Lane, Bebington, CH63 5JB. 

The applicant had submitted an operating schedule setting out how the business would be conducted/managed in accordance with the licensing objectives. A copy of the full application had been provided to Members. Members were advised that the proposals set out in the operating schedule may become conditions of the licence should the application be granted.

In respect of the application, a number of representations had been received from local residents. Two local residents who had made representations were in attendance along with a further individual who was representing another local resident who had submitted a representation.

The applicant could not attend the Hearing but had sent a representative to present the application on their behalf. The manager of the premises was also in attendance.

The Licensing Manager confirmed that all documentation had been sent and received. Photographs of the premises were made available to Members of the Sub-Committee.

The Licensing Manager outlined the report.

The Licensing Act Sub-Committee were informed that the operating model of the business is that of a restaurant. Members of the Sub-Committee were advised that the previous restaurant at the location operated a bring your own drinks policy. It was submitted on behalf of the applicant that the granting of a Premises Licence to sell alcohol would promote more responsible drinking than a bring your own drinks policy.  The Sub-Committee were informed that the restaurant would operate a table service, that there would only be background music played at the premises, that there would be no live music and no music played in the outside area of the premises. The Sub-Committee were further informed that the premises would only empty glass bottles into the bins outside of the premises during the daytime hours.

In response to questions from local residents it was submitted on behalf of the applicant that the application for the premises to remain open until 00:30 was to cater for bookings that would be made for celebrations, such as birthdays. It was made known to the Sub-Committee that the tables and chairs placed outside of the premises on the artificial grass were to cater for dog walkers who may want a coffee and a sandwich. The Sub-Committee were informed that as the application was for the consumption of alcohol on the premises only, alcohol could not be served in this area.

It was submitted on behalf of the applicant that the premises want to work with local residents and they will make themselves available to discuss any issues which may arise.

It was made known to the Sub-Committee that the premises had been operating in the week prior to the Hearing under a Temporary Event Notice and that there had been no complaints from local residents regarding the operation of the premises, including the resident living above the premises.

The Sub-Committee heard from local residents in attendance at the Hearing that they had concerns regarding the potential for noise nuisance to be caused by music emanating from the premises and by people leaving the premises at a late hour.

The Sub-Committee were advised that residents wished to support the business but wanted there to be a balance so that the business could operate without causing them to be disturbed by noise from the premises and customers of the premises.

Local residents submitted to the Sub-Committee that the lighting outside of the premises had attracted youths to the area after the premises had closed which has resulted in an increase in noise disturbance. It was explained to the Sub-Committee that the geography of the area creates what was described as an “echo chamber” allowing noise to travel during the evening and night time when noise levels are generally lower in the area.

Members of the Sub-Committee were made aware that the applicant had liaised with Merseyside Police and the Licensing Authority and had agreed to a number of conditions being placed on the Premises Licence should the licence be granted.  These conditions included a comprehensive CCTV system to operate at the premises, the training of staff in their responsibilities under the Licensing Act 2003 and a Challenge 25 Policy.

In determining the application Members of the Sub-Committee gave consideration to the representations made by local residents both in writing and orally at the Hearing.  The Sub-Committee gave consideration to the particular concerns of local residents regarding noise that could be generated by customers leaving the premises late at night and in this regard took into account Section 15 of the Council’s Statement of Licensing Policy. The Sub-Committee noted the concerns of local residents regarding the potential for noise nuisance being caused by music emanating from the premises but considered that this was addressed by submissions made on behalf of the applicant that the premises would only play background music which would not be able to be heard by local residents.

Members of the Sub-Committeetook into account that in accordance with the application, the premises would operate as a restaurant serving tapas style food and steaks with craft beers and fine wines.  Members of the Sub-Committee also had regard to the undertaking provided by the applicant that only background music would be played at the premises.

In coming to their decision, the Sub-Committee also had regard to the Statutory Guidance issued under the Licensing Act 2003, the Council’s Statement of Licensing Policy and to the fact that there were no representations from any of the Responsible Authorities, in particular Environmental Health. 

Members also took into account Section 11 of the Guidance in respect of the review mechanism provided by the Licensing Act 2003 when problems associated with the Licensing Objectives occur after the grant of a Premises License.

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 for a Premises Licence in respect of The Blind Cow, 1 Town Lane, Bebington, CH63 5JB be granted with the following hours:

Sale of Alcohol (for consumption ‘on’ the premises only)

Sunday to Saturday  11:00 to 23:00

Hours open to the Public

Sunday to Saturday   09:00 to 23:30

Recorded Music

Sunday to Saturday   09:00 to 23:30

3)  The Sub Committee also resolved that in addition to the conditions submitted as part of the application, the following conditions be placed on the Premises Licence:

·  Customers must be encouraged to remain inside the premises whilst waiting for taxis

·  The area of the premises shown on the plan that is outside of the structure of building must not be used after 22:00