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 prejudiial 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 Merseyside Police for the review of a Premises Licence in respect of the Punch Bowl, 77 Market Street, Hoylake, under the provisions of the Licensing Act 2003.

The premises currently have a Premises Licence allowing the licensable activities as set out in the report.

The 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 prevention of crime and disorder and public safety due to gas at the premises being illegally abstracted.

Sergeant P Jenkins, Merseyside Police, attended the meeting.

Mr A Lyons, Director, Altcom 404 Limited was also in attendance.

The Licensing Manager reported that all documentation had been sent and received and that there had been a transfer of the Premises Licence since the application had been received from Merseyside Police and that Mr Lyons was in attendance to represent the Premises Licence Holder.

Sergeant Jenkins requested to submit photographic evidence of the gas meter at the premises.  Mr Lyons had no objection to this and the photographs were therefore considered by Members.

Sergeant Jenkins reported that there was an ongoing criminal investigation into the illegal abstraction of gas at the premises which presented a danger to the public and compromised the licensing objectives of crime and disorder and public safety.  Sergeant Jenkins gave details of the circumstances surrounding the discovery of the gas being illegally abstracted.  Sergeant Jenkins advised Members that the premises were currently for sale and requested that the Designated Premises Supervisor be removed and that Mr Lyons agree to an undertaking that all checks with both gas and electricity would be made and that details of the relevant suppliers be available to any authorised officer.

Sergeant Jenkins responded to questions from Members of the Sub-Committee.

Mr Lyons stated that he was in agreement with Sergeant Jenkins and would comply with the requests he had put forward.

Members gave careful consideration to the application made by Sergeant Jenkins on behalf of Merseyside Police to Review the Premises Licence at The Punch Bowl, 77 Market Street, Hoylake, and the representations made by Mr Lyons, Director of Altcom 404 Limited.

In determining the review application Members had regard to the licensing objectives, the Council’s Statement of Licensing Policy and relevant guidance issued under Section 182  ...  view the full minutes text for item 18.

The Director of Law, HR and Asset Management reported upon an application that had been received from Mrs J Dogan for a Premises Licence in respect of Ozzys Café Kebab Shop, 8 St Anne Street, Birkenhead, under the provisions of the Licensing Act 2003.

The application was for the grant of a new Premises Licence for the hours outlined within the report.

The applicant was required to submit an operating schedule setting out how they would conduct/manage their business in accordance with the four licensing objectives.  A copy of the full application was available.  Members were advised that the proposals set out in the operating schedule may become conditions of the licence should the licence be granted.

A representation had been received from a local resident.  The representation related to noise nuisance and anti-social behaviour caused by youths which was currently a problem within the vicinity of the premises.  A copy of the representation was available.

Ward Councillor, Phil Davies had also made a representation which supported the concerns expressed by the local resident.

The applicant, Mrs Dogan, attended the meeting together with her representative, Mr Mearns.

The local resident who had objected to the application did not attend the meeting.  Councillor Davies was unable to attend.

The Licensing Officer confirmed that all documentation had been sent and received and that a petition had also been received to which the applicant had no objection to being shown to Members.  The applicant also requested to submit a letter which was distributed to Members.

Mr Mearns explained the reasoning behind the application.  He advised that Mrs Dogan had taken over the business and invested a considerable sum of money in the premises.  He informed Members that the premises had become popular with local people and referred to the petition that had been submitted in support of the application.  He addressed the concerns raised by the local resident and believed that all the allegations referred to were not directly linked to the premises.

Mr Mearns and Mrs Dogan responded to questions from Members of the Sub-Committee and Mr Abraham, Legal Advisor to the Sub-Committee.

The Chair advised that although the local resident did not attend the meeting, Members had considered the written representations submtited.

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 Statutory Guidance issued under section 182 of the Licensing Act 2003. 

Members had regard to representations made from the Ward Councillor and local residents which related to general concerns of public nuisance within the vicinity of the premises including litter and traffic issues. 

Members also had regard to the fact that no evidence was presented that directly linked the premises to public nuisance.

Members heard evidence as to how the premises would be managed including arrangements relating to the closing of the premises and litter collection and considered the representations made by the applicant in respect of ensuring that the premises  ...  view the full minutes text for item 19.

The 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 Pacific Hotel, 476 Price Street, Birkenhead, under the provisions of the Licensing Act 2003.

The premises currently have a Premises Licence allowing the licensable activities as set out in the report.

The 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 prevention of crime and disorder and public safety due to gas at the premises being illegally abstracted.  Merseyside Police also found cannabis plants within the flat above the premises to which access could only be gained through the premises.

Sergeant P Jenkins, Merseyside Police, attended the meeting.

The Licensing Manager reported that all documentation had been sent and received, however, no notification of attendance had been received from the Premises Licence Holder.

Sergeant Jenkins explained the current situation at the premises.  He advised Members that the premises were currently closed and that there was an ongoing criminal investigation in the matter.  He also reported that he had received no response from the Premises Licence Holder.

The Licensing Manager informed Members that this matter was originally listed to be considered on 28 June 2012, however, this meeting was re-arranged to take place today and that the Premises Licence Holder was advised that the matter was adjourned to this date.

The Chair reported that in the interest of the public, Members of the Sub-Committee would proceed with the matter.

Sergeant Jenkins outlined the application for review.  He reported upon a visit made to the premises on 1 May 2012 by officers of the Police Licensing Unit and Revenue Protection Officers from British Gas where it was discovered that the gas meter had been ‘reversed’ and the gas was being stolen.  It was also discovered that the electricity supply had been diverted to the upper floors of the premises and upon forced entry to the upper floor a cannabis farm was discovered.  Sergeant Jenkins therefore requested that the Premises Licence be revoked.

Sergeant Jenkins responded to questions from Members of the Sub-Committee and Mr D K Abraham, Legal Advisor to the Sub-Committee.

Members gave careful consideration to the application made by Merseyside Police to review the Premises Licence at The Pacific Hotel, 476 Price Street, Birkenhead.

Although  ...  view the full minutes text for item 20.