Resolved – That Councillor A Hodson 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 declaration was made.

The Assistant Chief Executive reported upon an application that had been received from Daniel Barnes to vary a Premises Licence in respect of Nancie Henry, 50 Grange Road, West Kirby, under the provisions of the Licensing Act 2003.

The application was to increase the licensed area to include the external area to the rear of the premises until 22:00.

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 application be granted.

Two representations had been received. The representations related to concerns of noise nuisance that may be caused by customers of the premises using the outside area close to their property.  Copies of all representations were available.

The applicant attended the meeting.

The Licensing Manager confirmed that all documentation had been sent and received and that the individuals who had made the representations against the application were unable to attend.

The applicant provided details of how the business currently operates advising that the premises provides fine dining for 18 covers.  He informed Members that the premises has a balcony that is south facing and that the application to vary the Premises Licence was in order to develop the outside area to include the garden.  He advised Members that he acknowledged that recent building works had been disruptive to neighbours and that he had apologised for the noise caused.  However, in respect of the premises, he advised that toughened glass had been installed on the balcony which prevented noise emanating from the premises.  He believed that the application was reasonable in that the premises were situated in the centre of West Kirby and he had invested a considerable amount of money in redeveloping the premises.

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

In response to questions from Members of the Sub-Committee, the applicant explained how the premises would be managed to ensure the promotion of the Licensing Objectives.  He explained how he had taken into account the representations made and gave assurances that the premises would be run in such a way so as not to cause nuisance to neighbours should the variation be granted.

Members considered the written representations made by a local resident and her landlord opposing the application.  Members had regard to the absence of direct evidence that the premises would undermine the licensing objectives if the application was granted.  Members took into account the close proximity of the premises to residential properties.  In considering this matter Members had regard to the measures proposed by the applicant to control noise and took into account the fact that customers using the outside area would be there to consume a meal and that the proposed covers to be served in that area was 12.

In determining  ...  view the full minutes text for item 12.

This matter was withdrawn prior to the hearing.