Resolved –

(1)  That Councillor T Norbury be appointed Chair to consider the application regarding The Courtyard together with Councillors A Hodson and H Smith.

(2)  That Councillor T Norbury be appointed Chair to consider the application regarding The Royal Oak together with Councillors E Boult and T Harney.

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 Strategic Director of Regeneration and Environment reported upon an application that had been received from Mr J Mitchell to vary a Premises Licence in respect of The Courtyard, 7-9 Rose Mount, Oxton, under the provisions of the Licensing Act 2003.

The variation requested was outlined within the report.

Members were advised that in accordance with The Live Music Act 2012, Live Music was no longer considered as the provision of regulated entertainment at a premises open for the supply of alcohol if it takes place between 08:00 and 23:00, the Live Music is unamplified or the Live Music is amplified and takes place in the presence of an audience of no more than 200 persons.

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.

Six representations had been received from local residents who considered that the granting of the application would increase noise nuisance coming from the premises and nuisance being caused by customers of the premises who congregated outside the premises.  Representations had also been received from Ward Councillors, Patricia Williams and Alan Brighouse.  The representations supported the concerns expressed by local residents. 

A representation had also been received from Environmental Health.  The representation related to concerns of noise nuisance from entertainment being provided at the premises due to the close proximity of residential properties.  Copies of all the representations were available.

Mr J Mitchell, applicant attended the meeting together with Mr K Burrows, Designated Premises Supervisor and their representative Mr M Nickson. 

Councillors P Williams and A Brighouse, Ward Councillors were also in attendance together with Mr Lennon, local resident.

Mr T Zorn, Environmental Health Officer (Pollution Control) attended the meeting.

The Licensing Manager confirmed that all documentation had been sent and received and that Mr Lennon would be speaking for himself and on behalf of other residents.

Mr Lennon requested to submit an additional document, however this was not accepted by Mr Nickson and was therefore not taken into consideration by Members of the Sub-Committee.

Mr Nickson addressed the Sub-Committee and explained that the application reflected evolution of the premises from a restaurant where alcohol must be ancillary to meals to more of a brasserie style operation.  He advised Members that the premises would always be primarily a restaurant and that the would be no changes to the hours of operation.  He informed Members that the condition proposed by Environmental Health stating that ‘any music shall be inaudible at the site boundary of the neighbouring properties’ had been agreed to and the premises would not turn into a bar or night club.  He further proposed another condition be added to the Premises Licence that ‘the sale of alcohol for consumption on the premises will be primarily but not exclusively for those  ...  view the full minutes text for item 16.

The Strategic Director of Regeneration and Environment reported upon an application that had been received from Marston’s plc to vary a Premises Licence in respect of The Royal Oak, 39 Liscard Village, Liscard, under the provisions of the Licensing Act 2003.

The variation requested was outlined within the report.

Members were advised that in accordance with The Live Music Act 2012, Live Music was no longer considered as the provision of regulated entertainment at a premises open for the supply of alcohol if it takes place between 08:00 and 23:00, the Live Music is unamplified or the Live Music is amplified and takes place in the presence of an audience of no more than 200 persons.

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.

A representation had been received from Central Liscard Residents Association.  The representation related to a history of anti-social behaviour associated with these premises and the belief that this would increase should the application be granted which would result in the Licensing Objectives of Crime and Disorder and Public Nuisance being undermined.

Representations had also been received from Ward Councillors, Janette Williamson and Bernie Mooney.  The representations supported the concerns expressed by Central Liscard Residents Association.  Copies of the representations were available.

Mr P Murphy, Area Manager, attended the meeting together with Mr P Roberts, Marston’s plc and Ms P Thomas, Designated Premises Supervisor. 

The Licensing Manager confirmed that all documentation had been sent and received and that Mr Hale, Chair of Central Liscard Residents Association was unable to attend the meeting.

Mr P Robson addressed the Sub-Committee and explained that the premises currently operated as a public house until midnight but that customers were leaving early to attend neighbouring premises which held later licences at weekends.  He believed that there was a demand from local residents for later hours and listed a number of other premises in the area which had operated later hours at the weekend.  Mr Robson advised Members that the application contained a request for late night refreshment in order that the premises may be able to provide a cup of tea or coffee.  Mr Robson informed Members that the Designated Premises Supervisor had a great deal of experience within the trade and that there had been no problems since she had taken over the premises in 2010.  He also reported that the premises had traded with late hours without any issues under the use of Temporary Event Notices.  Mr Robson pointed out that no representations had been made by any of the responsible authorities and that the objections made by other parties were based on fear of what may happen without any real evidence.  He also encouraged residents to contact the Designated Premises Supervisor should they  ...  view the full minutes text for item 17.