Resolved – That Councillor S Niblock be appointed Chair for this meeting.

Members are asked to consider whether they have personal or prejudicial interests in connection with any item(s) on this agenda, and, if so, to declare them and state what they are.

Members were asked to consider whether they had personal or prejudicial interests in connection with any items on the agenda, and, if so, to declare them and state what they were

No such declarations were made.

The Director of Law, HR and Asset Management reported upon an application that had been received from Mr T Verma for the grant of a Premises Licence in respect of News 4 You, 264-266 Conway Street, Birkenhead, under the provisions of the Licensing Act 2003.

The premises previously held a Premises License. This was revoked on 20 October 2011 following an application made my Merseyside Police to review the licence.

The application for the grant of a Premises Licence was for the following hours:

Sale by Retail of Alcohol

Sunday to Saturday 07:00 to 23:00

Hours Open to the Public

Sunday to Saturday  07:00 to 23:00

Mr Verma had submitted an operating schedule setting out how the business would be conducted/managed in accordance with the four licensing objectives. A copy of the full application was available.

In respect of this application a representation had been made by Merseyside Police and the Licensing Sergeant advised that the granting of the application would undermine the licensing objectives due to the recent history of the premises and the number of relevant convictions the proposed Premises Licence Holder/Designated Premises Supervisor currently had recorded against him.

Representations had also been received from a local resident and Stronger Communities Initiative Assembly. The representations related to high levels of anti-social behaviour caused by youths within the immediate vicinity of the premises due to the previous availability of alcohol at the premises.

A representation had also been received from Birkenhead and Tranmere Ward Councillors which supported the concerns from local residents.

The applicant, Mr Verma attended the meeting together with his representative, Mr Douglas.

Sergant P Jenkins, Constable P Coley and Councillor Jean Stapleton were also in attendance.

The Licensing Manager confirmed that all documentation had been sent and received and that all parties had given consent that Councillor Stapleton may make representations at the hearing. The applicant requested permission to submit a petition in support of the application.  Sergeant Jenkins and Councillor Stapleton had no objections to this, therefore the petition was distributed to Members.

Mr Douglas addressed the Sub-Committee and asked Members to consider this application without reference to the history of the premises when under previous ownership. He also requested that Members disregard issues that had occurred in the premises situated in Liverpool as it had been confirmed by Trading Standards that Mr Verma had not been responsible. He advised Members that Mr Verma had no connections with previous owners and had been operating from the premises for two and a half months as a convenience store.

Mr Douglas addressed the points raised by Merseyside Police and local residents and felt that there were no grounds for objection to the application. With regards to previous convictions incurred by his client, he asked Members to consider that Mr Verma had not had his Personal Licence revoked in Court and believed he was therefore entitled to hold the position of Designated Premises Supervisor.  Mr Douglas referred to paragraphs 4.28 to 4.31 of the Statutory Guidance issued under  ...  view the full minutes text for item 115.

The Director of Law, HR and Asset Management reported upon an application that had been received from Anne Fleming for the grant of a Premises Licence in respect of Sunlight Restaurant and Bar, 2C Bromborough Road, Bebington, under the provisions of the Licensing Act 2003.

The premises currently had a Premises Licence with the hours as set out within the report.

An operating schedule had been submitted setting out how the business would be conducted/managed in accordance with the four licensing objectives and that the proposals set out in the schedule may become conditions of the licence should the application be granted. A copy of the full application was available.

In respect of this application four representations had been received from local residents.  A representation had also been received from Church Farm Owners Association together with a petition signed by 23 residents of Church Farm and Ormerod Court.  The representations related to anti-social behaviour which was currently a problem within the vicinity of the premises which residents considered could increase if the application was granted.  Concerns had also been raised regarding noise from entertainment coming from the premises at a late hour.

The applicant, Anne Fleming, attended the meeting together with Mr R Fleming, Designated Premises Supervisor and Ms L Williams and Mr P Buck in support.

Councillor Walter Smith and Mr G Ranshaw, Vice Chairman of Church Farm Owners Association, were also in attendance.

The Licensing Manager confirmed that all documentation had been sent and received and that residents had requested that Councillor W Smith speak on their behalf.  It was agreed by all parties photographs may be considered by Members of the Sub-Committee and these were distributed accordingly.  The Licensing Manager also confirmed that the applicant had amended the hours applied for following the concerns of local residents and informed all parties of the amended hours.

Mrs Fleming addressed the Sub-Committee and explained that the application was for a restaurant and bar and that there was no intention to change the current operation of the premises.  She explained that the premises was family run and that she wanted to provide background music for people dining at the premises.

Mrs Fleming responded to questions from Members of the Sub-Committee, Mr D K Abraham, Legal Adviser to the Sub- Committee and Mr Renshaw.

Mr Renshaw stated that he had no objections to a licensed restaurant being operated at these premises, however, he raised his concerns regarding live music.  He informed Members that the premises were situated in a quiet residential area and that he was opposed to live music being permitted.

Councillor Walter Smith then made representations on behalf of local residents.  He reported that he had never received any complaints regarding the premises but that residents were extremely concerned regarding live bands being permitted to play at the premises and the level of noise becoming a disturbance.  He also raised concerns regarding noise disturbance of people leaving the premises at a later hour.  Councillor Smith  ...  view the full minutes text for item 116.