Resolved –

(1)  That Councillor S Niblock be appointed Chair to consider the application in respect of Best One, together with Councillors T Norbury and L Reecejones.

(2)  That Councillor S Niblock be appointed Chair to consider the application in respect of the Grant of a Personal Licence together with Councillors L Reecejones and M Sullivan.

Members of the Sub-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 Strategic Director of Regeneration and Environment reported upon an application that had been received from Merseyside Police to review the Premises Licence in respect of Best One, 91 -93 Brighton Street, Wallasey.

The premises currently hold a Premises Licence allowing the licensable activities as set out within the report. A copy of the Premises Licence setting out the hours and conditions attached to the licence was available.

The Strategic Director advised that the Sub-Committee may, having regard to the application for review and any other relevant representations, take such of the following steps as it considered necessary 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 had stated that the grounds for review were in relation to the Premises being linked to criminal activity, namely illegal immigrants being employed at the premises.

Sergeant S Barrigan and Constable P Coley, Merseyside Police attended the meeting.

Mr Thevappody, Premises Licence Holder attended the meeting with Mr Jordan, his legal representative.

Sergeant Barrigan reported that on 24 June 2014, an illegal immigrant had been found to be working at the Premises, Best One, 91-93 Brighton Street, Wallasey. It was also reported that a second illegal immigrant was also detained at a nearby location, who had also admitted that he had been working at the premises.

Members were advised by Sergeant Barrigan that the crime prevention licensing objective had been seriously undermined in this case. Members heard that Merseyside Police considered it appropriate, for the promotion of the Licensing Objectives, to request that the Licensing Act 2003 Sub-Committee give serious consideration to the revocation of the Premises Licence.

Sergeant Barrigan responded to questions from Members of the Sub- Committee, Mr K Abraham, Legal Advisor to the Sub-Committee and Mr Jordan, legal representative.

Mr Jordan addressed the Sub Committee on behalf of his client. He informed Members that his client had been unaware of the status of his previous staff member therefore he had not knowingly employed an illegal immigrant. Members heard that his client had not been brought in for any formal interview by Merseyside Police and there was no ongoing investigation against him underway.

Mr Thevappody and Mr Jordan responded to questions by Members, Mr D K Abraham and Sergeant Barrigan.

In determining the review application Members hard regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the relevant guidance issued under Section 182 of the Licensing Act 2003.

Members accepted the evidence provided by Merseyside Police that there had been staff employed at the premises who could not lawfully be  ...  view the full minutes text for item 19.

The following items contain exempt information.

RECOMMENDATION:  That, under section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined by the relevant paragraphs of Part I of Schedule 12A (as amended) to that Act. The Public Interest test has been applied and favours exclusion.

Resolved – That, under Section 100 (A)(4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined by the paragraph 1 of Part I of Schedule 12A (as amended) to that Act.  The Public Interest test had been applied and favoured exclusion.

The Strategic Director of Regeneration and Environment reported upon an application received from MT for a Personal Licence under the provisions of the Licensing Act 2003. 

The report was exempt due to it containing sensitive and personal information regarding the individual concerned.

It was reported that under the provisions of the Licensing Act 2003 the Licensing Authority must seek guidance from the Police if the applicant is convicted of a relevant offence. 

The application submitted by MT revealed a relevant conviction an Objection Notice had been received in respect of the application on the grounds that the applicant had been convicted of a relevant offence and that granting the application would undermine the crime prevention objective.  A copy of the Notice of Objection was available.

The applicant attended the meeting and made representations in support of his application.

Sergeant S Barrigan attended the meeting.  Sergeant Barrigan made representations regarding the Objection Notice submitted by Merseyside Police.

Sergeant S Barrigan and the applicant responded to questions from Members of the Sub-Committee and Mr D K Abraham, Legal Advisor to the Sub-Committee.

Members gave careful consideration to the application for a Personal Licence and the Objection Notice submitted by Merseyside Police and in doing so referred to the Statutory Guidance issued under Section 182 of the Licensing Act 2003, in particular, paragraphs 4.7 and 4.12.

Members considered the representations made by the applicant, however, they determined that the crime prevention objective would be undermined should the application be granted.

Resolved - That the application made by MT for the grant of a Personal Licence be refused under the provisions of the Licensing Act 2003.