The Licensing Manager introduced the report of the Director of Law and Corporate Services to consider an application to vary a Premises Licence under the provisions of the Licensing Act 2003. The application was made by Ridge Bar and Diner Limited and related to the premises known as The Sandridge, 1 Rowson Street, New Brighton, CH45 5AR. The Licensing Manager reported that the applicant originally requested the sale of alcohol until 02:00, seven days a week, and Late Night Refreshment and opening hours until 03:00, seven days a week. Following discussions with Merseyside Police, the applicant agreed to amend their application to request a variation to permit the sale of alcohol and late night refreshment to 2:00am on Friday and Saturday, and hours open to the public to 2:30am on Friday and Saturday. Following the agreement to amend the application in respect of the standard hours applied for by the applicant, Merseyside Police were content for the premises to trade until 02:00 - Sunday and Monday for each May Day Bank Holiday, Spring/Whitsun Bank Holiday and August Bank holiday weekend Sunday and Monday for the Easter Bank Holiday weekend, Christmas Eve, Boxing Day, New Years Eve. It was further reported that, following further discussions with Merseyside Police during the consultation period, the applicant agreed to have the several conditions placed on the Premises Licence should the application be granted including conditions relating to CCTV, staff training, retention of an incident log, and the operation of a Challenge 25 policy.

The applicant was invited to make a representation to the Sub-Committee. The applicant reported that the reason they were applying to vary the premises licence was to allow existing customers to remain in the premises beyond their existing closing times. It was the submission of the applicant that customers were currently leaving their premises to drink at a nearby premises and that if their premises were permitted to remain open longer this would not happen and customers would continue to spend money in their premises. It was further submitted by the applicant that customers leaving their premises between 00:00 and 01:00 and then leaving the nearby premises between 02:00 and 03:00 was resulting in individuals passing local residential properties on two separate occasions. The applicant advised the Sub-Committee that the granting of the application to vary the closing hours of their premises would result in customers remaining on the premises and therefore mitigating any nuisance caused to local residents. The Sub-Committee were informed by the applicant that they had a good working relationship with environmental health who had given advice relating to measures designed to address noise emanating from the property. It was the submission of the applicant that going forward they wanted to work with local residents to address the concerns. It was highlighted by the applicant that there was no application to extend the hours for live and recorded music.

The Sub-Committee then heard submissions on behalf of local residents. Representatives of local residents reported that the current operation of the premises was causing residents to be disturbed by noise emanating from the premises when music was being played, in particular karaoke which it was reported was taking place beyond the hours permitted by the current premises licence. The Sub-Committee were also informed that nuisance was caused by caused by customers drinking outside the premises when going outside to the front of the premises to smoke. The Sub-Committee were advised of the concerns of local residents that they would be further disturbed by customers leaving the premises at a later hour than currently should the application be granted and that residents had been disturbed by noise, arguments and fighting outside the premises on a number of occasions. Whilst residents had come to accept a level of noise disturbance, concerns were raised about music played beyond 23:30 and the impact of this on young children and families in the vicinity of the premises. It was the submission of local residents that the premises was not being managed effectively to prevent nuisance being caused to them by customers of the premises.

The Sub-Committee heard a submission from a Ward Councillor who asked that the following factors be taken into account when determining the application: that the premises was located in an area that was densely populated with houses, that residents were disturbed by taxis arriving late at night at the premises, by people leaving the premises late at night, by customers smoking and drinking at the front of the premises and by music when karaoke took place on the premises. The Ward Councillor also asked the Panel to take into consideration the location of supported living accommodation close to the premises.

In determining the application, Members gave careful consideration to the submissions made by the applicant and the representations made by local residents and the Ward Councillor both in writing and at the Hearing. In considering the application, the Sub-Committee had regard to the Council’s Licensing policy when considering the hours of licensed premises which were in close proximity to residential accommodation.  

Resolved – That the application be refused.