Agenda and minutes
Venue: Committee Room 4 - Wallasey Town Hall. View directions
Contact: Anne Beauchamp
APPOINTMENT OF CHAIR
(1) That Councillor J Salter be appointed Chair to consider the application regarding the North Star together with Councillors S Niblock and C Povall.
(2) That Councillor H Smith be appointed Chair to consider the application regarding Kwiksave together with Councillors S Niblock and D Roberts.
MEMBERS' CODE OF CONDUCT - DECLARATIONS OF INTEREST
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 C Fox to Transfer a Premises Licence in respect of the North Star, 294 Laird Street, Birkenhead, under the provisions of the Licensing Act 2003.
The premises currently have a Premises Licence which allowed the licensable activities as set out within the report.
An Objection had been received from Merseyside Police in respect of the application to Transfer the Premises Licence. The Licensing Sergeant considered that should the application be granted, the crime prevention objective would be undermined due to an assault which took place at the premises during the time when unlicensed activities had been taking place. A copy of the objection was available.
The applicant, Mr C Fox, attended the meeting with his legal representative Ms Ford.
Sergeant Jenkins was also in attendance.
The Licensing Manager confirmed that all documentation had been sent and received.
Ms Ford requested to submit a further letter. Sergeant Jenkins had no objections to this and therefore the letter was considered by Members.
Ms Ford addressed the Sub-Committee and explained that the application was solely for the transfer of the Premises Licence to Colin Fox. She advised Members that Mr Fox had no connection to Mr Wilson, the current Premises Licence Holder and that he was a builder and therefore would have limited involvement in the premises. She reported upon the reason for the delay in the lease being signed over to Mr Fox which was due to his solicitor being on leave. She informed Members that Mr Fox had invested a lot of money in the premises and that the issues regarding the premises in the past were not connected to Mr Fox. She reported that Mr Fox had been unaware of the Closure Notice on the premises when the premises opened on 16 June 2012 and that he would not have permitted this or any unlicensed activities to take place had he been aware of the Closure Notice. She referred to the alleged sexual assault that had occurred at the premises on 17 June 2012 and requested that Members attach the appropriate weight to the alleged incident as she believed the information available regarding this was considerably limited. Ms Ford believed that it was not necessary or appropriate to prevent the transfer being granted and assured Members that Mr Fox now understood his responsibilities and would work closely with Merseyside Police should the transfer be granted.
Ms Ford and Mr Fox responded to questions from Members of the Sub-Committee, Sergeant Jenkins and Mr D K Abraham, Legal Advisor to the Sub-Committee.
Sergeant Jenkins advised Members and that he would be seeking revocation of the Premises Licence when the premises came to review and that the review application had been submitted prior to the application for a transfer. He referred to the paragraphs 8.99 and 8.100 of the guidance issued under Section 182 of the Licensing Act 2003. Sergeant Jenkins reported that there was ... view the full minutes text for item 23.
The Director of Law, HR and Asset Management reported upon an application that had been received from Mohammed Rafaqat for the grant of a Premises Licence in respect of Kwiksave, 103 Poulton Road, Wallasey, under the provisions of the Licensing Act 2003.
The premises previously held a Premises Licence to allow the hours as set out within the report. The application for the grant of a Premises Licence was for the supply of alcohol and hours open to the public from 8 am to 11 pm seven days per week.
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.
In respect of this application, three representations had been received from local residents. The representations related to youths causing anti-social behaviour which they considered was currently a problem within the vicinity of the premises. Copies of the representations were available.
No representations had been received from any of the Responsible Authorities.
Mr M Ali attended the meeting together with his representative, Mr P Douglas.
The Licensing Manager confirmed that all documentation had been sent and received and confirmed that notice had been sent to the residents who had made representations and that one of the residents had indicated he would be in attendance but had failed to attend.
Mr Douglas addressed the Sub-Committee. He referred to the representations opposing the application and reported that they were very closely linked and had a vested interest in the application being refused. He advised Members that Mr Ali had spoken to the Police Licensing Sergeant prior to submitting his application and that Sergeant Jenkins had been satisfied with the application and was content that the licensing objectives had been addressed. Mr Douglas reported that the local community would benefit from the premises being granted a Premises Licence and that no residents had raised any objections. Mr Douglas informed Members that the representations received had been made by the Premises Licence Holder of another business located near to the Kwiksave premises and were from Members of the same family. Mr Douglas requested that the application be granted.
Mr Douglas and Mr Ali responded to questions from Members of the Sub-Committee and Mr D K Abraham, Legal Advisor to the Sub-Committee.
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 considered the written and oral representations made by the applicant and his representative Mr Douglas.
Members also considered the written representations of the objectors who did not attend in person.
Members had regard to the fact that there were no representations from the Responsible Authorities, in particular, Merseyside Police.
In determining the matter ... view the full minutes text for item 24.