Resolved -

(1)  That Councillor W J Davies be appointed Chair to consider the application regarding Bertha Macs together with Councillors M Hornby and A Leech.

(2)  That Councillor S Niblock be appointed Chair to consider the applications regarding MNS Food and Wine and News and Mojo’s, together with Councillors M Hornby and I Williams.

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 Sub-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.

Councillor S Niblock declared a personal interest in respect of item 5 on the agenda - Application to Review a Premises Licence - Mojo’s, 3 Dee Lane, West Kirby, by virtue of having considered the application at the Interim Steps hearing on 28 December 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 Bertha Macs, 16 Bebington Road, New Ferry, 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 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 appropriate 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 and gas at the premises having been illegally abstracted.  Merseyside Police had also advised that complaints had been received from residents relating to anti-social behaviour in respect of the premises.

Further to the application being made to review the Premises Licence, two separate applications had been made to transfer the Premises Licence and to change the Designated Premises Supervisor which had been granted as no objections had been received from the Police.

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

Councillor S Niblock attended the meeting together with Mr Craig, Chair of the New Ferry Residents Association, who was present as a witness.

Ms Santo, current Premises Licence Holder and Designated Premises Supervisor was also in attendance.

The Licensing Manager reported that all documentation had been sent and received.  She also advised that Miss Santo had not been the Premises Licence Holder when the application for the review had been made.

Sergeant Jenkins reported that further investigations were being carried out into the illegal abstraction of electricity and gas at the premises.  He advised that the Premises Licence Holder and Designated Premises Supervisor had changed since the application had been made and that no link had been found between Ms Santo and the ongoing criminal investigation.  Sergeant Jenkins informed Members that since he had submitted the application and requested that the Premises Licence be revoked, he now believed this would not be appropriate and asked that a number of conditions be placed on the Premises Licence.

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

Councillor Niblock requested that Mr Craig address the Sub-Committee as a witness.  Members sought legal advice regarding this request during a short adjournment.

The meeting reconvened, all parties advised there was no objection to Mr Craig being called as a  ...  view the full minutes text for item 84.

The Acting Director of Law, HR and Asset Management reported upon an application that had been received from Maheswaran Krisnapillai to vary a Premises Licence in respect of MNS Food and Wine and News, under the provisions of the Licensing Act 2003.

The variation requested was outlined within the report.

The applicant 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.  Members were advised that the proposals set out in the operating schedule may become conditions of the licence should the licence be granted.

Merseyside Police had made a representation to the application as they considered that crime and disorder and public nuisance would increase in the vicinity of the premises should the application be granted.  The representation also referred to the fact that an illegal immigrant had been found working at the premises which led to a review of the premises on 27 January 2012 and that the conditions imposed by the Sub-Committee were not being complied with when the premises were inspected by Police Licensing Officers in July 2012.  Members were informed that the conditions were now being complied with.

Mr Jordan attended the meeting on behalf of the applicant who was not in attendance.

Sergeant P Jenkins, Constables R Jones and P Coley, Merseyside Police, were also in attendance.

The Licensing Manager confirmed that all documentation had been sent and received and that Mr Jordan had submitted some training material which was considered by Members further to the agreement of Merseyside Police.

Sergeant Jenkins advised that he wished to submit some photographic evidence which was also considered by Members with the consent of Mr Jordan.

Mr Jordan addressed the Sub-Committee and advised Members that there were a number of issues he had not been aware of in respect of the premises.  He advised that should the variation be granted, a full training programme would be implemented.  He informed Members that there was no evidence of underage sales or proxy sales at the premises and that no objections had been received from local residents.

Mr Jordan responded to questions from Members of the Sub-Committee.

Sergeant Jenkins referred to the objection he had submitted which highlighted the history of the premises.  He referred to the statement submitted by Inspector Griffiths who had attended the premises after having received anonymous information regarding an incident that took place at the shop involving a member of staff chasing young people with a baseball bat that was kept behind the counter of the premises.  Sergeant Jenkins reported that there had been 117 recorded incidents of anti-social behaviour in the immediate location during the last year and that the area was considered a ‘hotspot’.  Sergeant Jenkins requested that the application regarding the extended hours be refused.

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

Members gave careful consideration to the application to vary the Premises Licence at MNS Food and Wine and  ...  view the full minutes text for item 85.

Councillor S Niblock declared a personal interest in respect of this matter, by virtue of having previously considered the application at the Interim Steps hearing on 28 December 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 Mojo’s, 3 Dee Lane, West Kirby, 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 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 appropriate if it found that the review did not require it to take any steps appropriate to promote the licensing objectives.

The application had been submitted by Merseyside Police and the Licensing Sergeant had stated that the grounds for review were in relation to the prevention of crime and disorder, public nuisance and public safety following incidents of violent assaults taking place within the immediate vicinity of the premises.

Further to the application for a review being submitted, a Summary Review of the Premises Licence had been submitted following a separate incident of serious disorder and Members considered on 28 December 2012 that it would be an appropriate interim step to suspend the Premises Licence pending the determination of the Review.  A Review Hearing took place on 18 January 2013 when it was determined that the conditions of the Premises Licence be modified as set out within the report.

Merseyside Police had since made a submission that due to the modifications of the Premises Licence they did not consider it appropriate to take any further action to address their concerns in respect of the Premises Licence.

The matter was heard in the absence of Merseyside Police and the Licence Holder.  This submission had been communicated to the Premises Licence Holder and it had been agreed by both parties that the matter could be considered in their absence.

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 of the Licensing Act 2003.

Members had regard to the fact that Merseyside Police did not consider it was appropriate to take any further action to address their concerns.

Resolved - That no further action be taken.