Resolved -

(1)  That Councillor S Niblock be appointed Chair to consider the application regarding Al Verona Pizza together with Councillors G Davies and D Roberts.

(2)  That Councillor J Salter be appointed Chair to consider the application regarding Venice Pizzeria together with Councillors G Davies and J Salter.

Members of the Committee are asked to declare any disclosable pecuniary and non pecuniary interests, in connection with any application on the agenda and state the nature of the interest.

Members of the Committee were asked to declare any disclosable pecuniary and non pecuniary interests in connection with any application on the agenda and state the nature of the interest.

No such declarations were made.

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 Al Verona Pizzeria, 188 Brighton Street, Wallasey, under the provisions of the Licensing Act 2003. 

The Licensing Manager confirmed that all documentation had been sent and received and that the licence holder had been sent notice however was not in attendance.

Sergeant P Jenkins and Constable P Coley attended the meeting.  Sergeant Jenkins believed that the matter should proceed in the absence of the licence holder due to all the requisite papers having been served and the fact that there was an ongoing criminal investigation.

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 and that notice be sent also to the home address.

Resolved - That this matter be deferred to a future hearing on 2 November 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 Venice Pizzeria, 35-35B New Chester Road, New Ferry, under the provisions of the Licensing Act 2003.

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

A copy of the Premises Licence setting out the hours and conditions attached to the licence was available.

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 appropriate 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 electricity at the premises being illegally abstracted.

Sergeant P Jenkins and Constable R Jones, Merseyside Police, attended the meeting.

Miss Samiri, the Premises Licence Holder and Mr Abdu, the owner of the business were also in attendance.

The Licensing Manager reported that all documentation had been sent and received and that further documentation received from Merseyside Police had been circulated prior to the meeting.  The Licensing Manager advised the Sub-Committee that Mr Abdu had sought advice from a solicitor and advised that he may request that the matter be adjourned.

Mr Abdu informed the Sub-Committee that he was content for the matter to proceed without legal representation.

Sergeant Jenkins produced photographic evidence of the electric meter.  Mr Abdu had no objections to this being submitted and it was therefore distributed to all parties.

The Chair sought clarification of who would be making representations and Mr Abdu confirmed that he would be speaking on behalf of the Premises Licence Holder and confirmed that he did not need legal representation.

Sergeant Jenkins outlined the application for review.  He reported upon a visit made to the premises on 4 July 2012 when it was discovered and confirmed by NPower that the electricity supply at the premises had been disconnected on 23 May 2012 due to debt and that the electricity supply had been illegally re-installed.  Sergeant Jenkins advised that the account holder for the electricity supply to the premises was Mr Abdu and also reported that he controlled the premises next door where it was found there was also no registered electricity supply  Sergeant Jenkins reported that a crime had been committed and the licensing objective of crime and disorder had clearly been compromised.  ...  view the full minutes text for item 55.