The Acting Director of Law, HR and Asset Management reported upon an application received from Merseyside Police for the review of a Premises Licence in respect of Venice Pizzeria, 35-35B New Chester Road, New Ferry, under the provisions of the Licensing Act 2003. 

The respondent had been given notice of the hearing, however she failed to attend.

Mr D K Abraham, Legal Advisor to the Sub-Committee, referred to Regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005 which outlined the consideration of an application in the absence of the applicant.

Members gave careful consideration to the regulation concerned and decided that the matter be deferred in order that the respondent be given a further opportunity to attend.

Resolved - That this matter be deferred to 11 October 2012.

The Acting Director of Law, HR and Asset Management reported upon an application that had been received from Merseyside Police for the review of a Premises Licence in respect of The Corner Store, 104 Woodchurch Lane, Prenton, under the provisions of the Licensing Act 2003.

The premises have a Premises Licence which allows the licensable activities as set out in the report.

The Acting 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 considered necessary for the promotion of the licensing objectives:

• Modify the Conditions of the Licence.
• Exclude a licensable activity from the scope of the Licence.
• Remove the Designated Premises Supervisor.
• Suspend the Licence for a period not exceeding three months.
• Revoke the Licence.

The Licensing Authority may decide that no action would be necessary if it found that the review did not require it to take any steps necessary to promote the licensing objectives.

The application had been submitted by Merseyside Police and the Licensing Sergeant advised that the grounds for review were in relation to the premises being linked to criminal activity, namely a number of illegal immigrants being employed at the premises.

Constables R Jones and P Coley, Merseyside Police, attended the meeting.

Mrs Lally, Designated Premises Supervisor and Premises Licence Holder was also in attendance together with her Solcitior, Miss Moore.

The Licensing Manager reported that all documentation had been sent and received.

Constable Jones outlined the application for review.  She reported that two illegal immigrants had been found working at the premises and gave details of the individuals, how they had been discovered at the premises and the action that had been taken against them by the relevant agencies.  She informed Members that it was a criminal offence to knowingly employ an illegal immigrant.  Constable Jones advised Members that Mrs Lally had been interviewed under caution and that she stated she had not known the males were illegal immigrants.  Constable Jones also reported that the individuals found working at the premises had received no training in respect of their responsibilities when selling alcohol.  Constable Jones expressed the importance of training in order to prevent the sale of alcohol to persons under the age of 18 years.  Constable Jones proposed that a number of conditions be attached to the Premises Licence to which the Premises Licence Holder had been in full agreement with.

Miss Moore addressed Members and advised that Mrs Lally was in agreement with the conditions proposed by Merseyside Police and that some of the conditions had already been implemented at the premises.

Mr Abraham, Legal Advisor to the Sub-Committee made reference to the Statutory Guidance in relation to the reasons that had resulted in the Review application and sought clarification as to why Merseyside Police were content for conditions to be imposed on the Premises Licence.  Constable Jones reported that it was considered this would be the most appropriate way to  ...  view the full minutes text for item 39