Resolved – That Councillor S Niblock 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.

Councillor S Niblock declared a personal interest by virtue of him being a Member of Merseyside Fire and Rescue Authority.

The Assistant Chief Executive reported upon an application that had been received by Trading Standards to review the Premises Licence in respect of ‘The Offy’, 235 Seabank Road, New Brighton.

The Premises currently hold a Premises Licence.

The Assistant Chief Executive 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 decided that no action would be appropriate if it found that the review did not require it to take any steps that would be appropriate to promote the licensing objectives.

The application had been received from Trading Standards who advised that the grounds for review were regarding breaches of licensing conditions and it was reported that items were found at the premises which were found to be duty diverted and counterfeit.

A representation had been received from Public Health as they considered that all four licensing objectives were being undermined by the Premises Licence Holder. A representation had also been received from the Licensing Authority who had reported that the annual Premises Licence Fee had not been paid by the date specified to the owner and that the premises had sold alcohol whilst the licence was suspended. Environmental Health had also submitted a representation to raise concerns surrounding the failures of the owner of the premises, the Premises Licence Holder and Designated Premises Supervisor to promote the licensing objectives.

Heidi Jones, Trading Standards attended the meeting together with her witness, Joanne Moran, Merseyside Police. Tricia Cavanagh, Public Health, Andrew Bushell, Licensing Authority and Jon Hardwick, Environmental Health were also in attendance.

The Premises Licence Holder, Mrs Sherry attended the meeting together with the Designated Premises Supervisor, Mr Sherry. Members were informed that Mr Sherry would be addressing the Sub-Committee on behalf of the Premises Licence Holder.

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

Heidi Jones, Trading Standards addressed the Sub-Committee and advised that on 28 July 2015, as part of a multi-agency operation with Trading Standards, Environmental Health and Merseyside Police, 7 bottles of Smirnoff Vodka and 31 Royal Mail stamps were seized on suspicion of Trade Mark Act 1994 offences. Members also heard how during this visit, following discussions with Licensing Officers, it was identified that conditions of the premises licence had been breached and the following was identified:

·  No refusals register available

·  No risk assessment manual available

·  No first aid kit available

·  No signage for Challenge 25

·  No premise licence displayed.

It was further reported that following investigation, it was confirmed that the Smirnoff Vodka was genuine, however, it was not for the UK market and counterfeit back labels had been attached to the bottles, to give the  ...  view the full minutes text for item 40.