Resolved -

(1)  That Councillor S Niblock be appointed Chair for this meeting.

(2)  That Councillors S Niblock, D Mitchell and H Smith consider the item in respect of News Days.

(3)  That Councillors S Niblock, A Leech and H Smith consider the item in respect of Seven Acres Service Station.

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.

No such declarations were made.

The Acting Director of Law, HR and Asset Management reported upon an application that had been received from Rontec Watford Limited to vary a Premises Licence in respect of Seven Acres Service Station, Pensby Road, Thingwall, 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.

Twelve local residents who were against the application had submitted representations which related to concerns that anti-social behaviour may increase within the vicinity of the premises if the variation was granted.  Concerns had also been raised regarding youths having access to alchohol which residents considered was currently a problem at these premises.  Two petitions had also been received signed by 150 local residents.  Copies of the representation and petition were available.

Representations had also been received from Ward Councillors Mike Sullivan and Mark Johnston who supported the representations received from local residents.  Copies of the representations were available.

Mr McLean from Rontec Limited attended the meeting together with his legal representative Mr Botkai.

Councillor Johnston, Ward Councillor was also in attendance together with Ms Jackson and Ms Swindles, local residents.

The Licensing Manager confirmed that all documentation had been sent and received and advised that the application had been amended since it had been submitted and that the application to vary the Premises Licence was for the following hours:

Sale by Retail of Alcohol

Sunday to Saturday  06:00 to 12 midnight

Hours Open to the Public

Sunday to Saturday  24 Hours (unchanged)

Late Night Refreshment

Sunday to Saturday  23:00 to 12 midnight

Mr Botkai addressed the Sub-Committee and explained that the application to vary the Premises Licence was now for an extra hour for the sale of alcohol and to extend the late night refreshment from 11.00 pm to 12 midnight.  Mr Botkai advised that he was aware of the planning restrictions on the premises and that a planning application was pending to extend the hours that the premises were open until midnight.  Mr Botkai referred to the Council’s Statement of Licensing Policy and pointed out that no representations had been received from any of the Responsible Authorities including Merseyside Police.  He considered that the concerns raised by local residents were in respect of the premises opening 24 hours but that the hours requested had since been considerably reduced.  He considered that representations were often based on fear of what may happen as there was no evidence that the sale of alcohol at the premises would result in an increase of drink drivers.  He proposed that residents could contact himself or the company should any problems arise in the future.

Mr Botkai responded to questions from Members of the Sub-Committee and Councillor  ...  view the full minutes text for item 97.

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 News Days, 47 Oxton Road, Birkenhead, 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 due to an illegal immigrant being found working at the premises.

Sergeant S Barrigan and Constable P Coley attended the meeting.

Also in attendance were Mr Srikanthan, Premises Licence Holder and Designated Premises Supervisor and his representative Mr Singleton.

The Licensing Manager reported that all documentation had been sent and received.

Sergeant Barrigan outlined the circumstances surrounding the illegal immigrant having been found working at the premises.  He advised that this had also resulted in a second illegal immigrant being detained at the location.  He informed Members that both these individuals had since been deported from the country.  Sergeant Barrigan believed that Mr Srikanthan had shown a disregard for the law and the responsibilities that come from being a Premises Licence Holder and Designated Premises Supervisor.  He advised that Mr Srikanthan had committed offences in relation to the licensing objective of crime and disorder despite having only held the Premises Licences for a short period of time and after being advised, at his initial interview, with members of the Merseyside Police Licensing Team of issues regarding illegal immigrants and counterfeit alcohol.

Sergeant Barrigan initially requested that a number of conditions be placed on the Premises Licence.

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

Mr Singleton reported that he accepted all the proposed conditions requested by Merseyside Police and that Mr Srikanthan would undertake training as soon as possible.  He believed there had been a number of discrepancies but that this had been due to him not having taken his responsibilities seriously.  He requested that the conditions suggested by Merseyside Police be attached to the Premises Licence.

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

Sergeant Barrington expressed his concerns having heard the representations made and the responses given by Mr Srikanthan to Members of the Sub-Committee.  Despite having originally sought conditions  ...  view the full minutes text for item 98.