Resolved – That Councillor M Sullivan be appointed Chair for this meeting.

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  Balamanokaran Thambirasa for a Premises Licence in respect of Harrys Convenience Store, 65 Woodchurch Road, Prenton, under the provisions of the Licensing Act 2003.

The hours requested were outlined within the report together with a number of conditions that the applicant had agreed to have attached to the Licence should it be granted, following discussions with Merseyside Police.

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.

Representations had been received from two local residents.  A petition against the application had also been received containing 236 signatories.  One representation related to public nuisance which it was claimed was currently a problem within the vicinity of the premises and concerns that should the application be granted this nuisance would increase.  Copies of the representations and petition were available.

The applicant attended the meeting together with Mr Rushton, Agent for the applicant.

The Licensing Manager confirmed that all documentation had been sent and received and that a response had been received from a local resident who was unable to attend but had requested that her written representation be taken into consideration.

Mr Rushton addressed the Sub-Committee.  He submitted a copy of a certificate of training undertaken by the applicant in July 2012 in respect of underage sales.  He advised Members that the premises would be a general convenience store with limited alcohol, that the applicant would be the Designated Premises Supervisor and had experience working in licensed convenience stores for a number of years.  He advised that the applicant had worked in London and was currently working in a convenience store in Birkenhead.  He informed Members that the total percentage of alcohol sales at the premises would be 10-12% should the application be granted and that this would allow the premises to be competitive with other premises in the area.  Mr Rushton provided details of the measures that would be put in place at the premises which included CCTV, spirits to be kept behind the counter, a Challenge 25 Policy, a refusals register, an incident book and training for members of staff.  He reminded Members that no objections had been received from Merseyside Police or any of the other responsible authorities.  He referred to the representations received and informed Members that he had contacted the local resident to assure her of the measures that would be put in place to promote the licensing objectives.  He referred to the petition as he believed that it was not specific and submitted that there was no evidence that the licensing objectives would be undermined, therefore he requested that the application be granted.

The Licensing Manager confirmed that the application was for consumption off  ...  view the full minutes text for item 39.

The Strategic Director of Regeneration and Environment reported upon an application that had been received from Mr Michael Yates for a Premises Licence in respect of ‘Mr Whites, 60-62 Argyle Street, Birkenhead, under the provisions of the Licensing Act 2003.

The hours requested were 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.

Representations had been received from two local residents. The representations highlighted concern that should the application be granted then public nuisance would be caused by music emanating from the premises to their property. Further concerns were also raised about the potential for an increase in disorder within the vicinity of the premises.

The applicant attended the meeting with his proposed bar manager, Mr Eatock.

Local residents, Mr Chapman and Miss Stickler were also in attendance.

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

Mr Yates addressed the Sub-Committee and outlined the application. He advised Members that he wished to operate a bar and grill primarily to serve office workers within the Birkenhead area. Members were informed that the premises would serve food until 8pm and operate as a bar thereafter. It was proposed that a juke box would be installed and that volume would be kept at an ambient level. Members heard that work had been undertaken at the premises to limit noise disturbance to residents including the installation of an acoustic ceiling and insulation of walls. Mr Yates acknowledged that although work had been undertaken to minimise noise disruption, those effects were limited in that all noise travel could not be prevented.

Mr Eatock, proposed bar manager to the premises addressed the Committee and informed Members of his extensive experience in running licensed premises. Members heard how the premises would be staffed. 

Mr Yates responded to questions from Mr Champman, Ms Stickler, Members of the Sub-Committee and Mr D K Abraham, Legal Advisor to the Sub-Committee.

Mr Chapman outlined concerns with the application and spoke of his strong opposition to the granting of the application due to noise disturbance that had already been experienced from the premises. This included voices, music and noise from the refrigeration cooling system. Members heard that Environmental Health had responded to a complaint by the local residents regarding noise travelling from the premises during the time building work was being carried out and that the applicant had been advised in writing by Environmental Health that certain works must not be carried out beyond 6.00pm.

Mr Chapman and Ms Stickler responded to questions from the applicant, Members of the Sub-Committee and Mr D K Abraham.

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy  ...  view the full minutes text for item 40.