Resolved – That Councillor S Niblock be appointed Chair for this meeting.

Members of the Sub-Committee were asked to declare any disclosable pecuniary and non pecuniary interests in connection with the 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 Environmental Health (Pollution Control) for the review of a Premises Licence in respect of The Swinging Arm, 61-63 Church Street, Birkenhead, under the provisions of the Licensing Act 2003.

The premises currently hold a Premises Licence allowing the licensable activities as set out in the report.

The Strategic 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 Environmental Health (Pollution Control) and the grounds for review were in relation to the prevention of public nuisance due to noise from music and customers of the premises late at night which Environmental Health had determined was causing a statutory nuisance.

Two representations had been received from local residents who supported the application made by Environmental Health due to noise nuisance being caused by music coming from the premises and customers of the premises leaving at a late hour.

Six representations had been received from local residents who had advised that these premises were not undermining any of the licensing objectives.

Mr N Joughin and Mr T Zorn, Environmental Health Officers, attended the meeting.

Also in attendance were Mr Owen, Premises Licence Holder and his representative Mr Douglas.

A local resident also attended the meeting.

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

Mr Joughin reported that a Statutory Noise Abatement Notice had been served on the premises following complaints from local residents regarding noise nuisance emanating from the premises.  This had followed Mr Zorn having monitored noise levels at a complainant’s house.  Mr Zorn reported that there were ongoing problems regarding noise which amounted to a statutory nuisance and that Environmental Health could consider prosecuting the premises should they continue to breach the statutory notice.

Mr Zorn reported that further to liaising with the Premises Licence Holder, he had suggested a number of conditions which could be imposed upon the Premises Licence to prevent noise from music emanating from the premises and that the Premises Licence Holder had agreed that a number of conditions be applied to the Premises Licence.  He advised Members that works had already been undertaken at the premises and that external speakers had been disconnected.

Mr Joughin and Mr Zorn responded to questions from Members of the Sub-Committee, Mr D K Abraham, Advisor to the Sub-Committee and Mr P Douglas.

The local resident reported that she was encouraged to hear that measures  ...  view the full minutes text for item 38.