Agenda and minutes

Venue: Committee Room 2 - Wallasey Town Hall. View directions

Contact: Anne Beauchamp 

Items
No. Item

63.

APPOINTMENT OF CHAIR

Minutes:

Resolved – That Councillor P Stuart be appointed Chair for this meeting.

64.

MEMBERS' CODE OF CONDUCT - DECLARATIONS OF INTEREST

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.

 

Minutes:

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.

65.

10:00 APPLICATION TO REVIEW A PREMISES LICENCE UNDER THE PROVISIONS OF THE LICENSING ACT 2003 - POPEYES PIZZA, 18 UPTON ROAD, MORETON pdf icon PDF 661 KB

Minutes:

The Managing Director for Delivery reported upon an application that had been received from Merseyside Police for a Review of the Premises Licence in respect of Popeyes Pizza, 18 Upton Road, Moreton, under the provisions of the Licensing Act 2003.

 

The Managing Director for Delivery advised that the Sub-Committee may, having regard to the application to review the Premises Licence 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.

 

Members were informed that 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 that were appropriate to promote the licensing objectives.

 

The grounds for review were in relation to an incident of violence which occurred at the premises.

 

It was reported that since the application to review the premises licence had been received on 10 July 2017, an application to transfer the premises licence into the name of Mr Bawar Zerar had been submitted on 12 July 2017.  This application had been granted as no comments had been received from Merseyside Police.

 

Members were informed that the premises currently hold a Premises Licence allowing the licensable activities as set out within the report.

 

Sergeants M Hearty and C Carmicheal attended the meeting together with Constables J Moran and T Grafton, Merseyside Police.

 

Mr B Zerar, Premises Licence Holder, attended the meeting together with his friend, Mr Majeet, to assist with translation.

 

The Licensing Manager confirmed that all documentation had been sent and received.  Members were advised that further to a conversation prior to the meeting the Premises Licence Holder had indicated that he wished to request for an adjournment.

 

Mr Zerar’s friend informed Members that he was in attendance to help translate and that the Premises Licence Holder wished to request that the meeting be adjourned in order that he may be represented by a Solicitor as he had not realised the seriousness of the Hearing.  He also advised Members that Mr Zerar’s mother was in hospital and that he had recently suffered the loss of his brother.

 

In response to this request, Sergeant Carmichael advised that the date of the hearing had been known for four weeks and he therefore believed that this time period had provided opportunity for Mr Zerar to seek legal representation, however, this would be a matter for Members to consider.

 

A short adjournment took place in order for Members to consider the request for an adjournment.

 

The meeting reconvened and the Chair advised that further to consideration of the request for an adjournment and having had regard to the representations made, Members decided that the matter should proceed due to the serious nature of the Review and they believed that the  ...  view the full minutes text for item 65.

66.

14:00 APPLICATION TO VARY A PREMISES LICENCE UNDER THE PROVISIONS OF THE LICENSING ACT 2003 - BREW, 68-70 WALLASEY ROAD, LISCARD pdf icon PDF 739 KB

Minutes:

The Managing Director for Delivery reported upon an application that had been received from Sarah Jones to vary a Premises Licence in respect of Brew, 68-70, Wallasey Road, Liscard, under the provisions of the Licensing Act 2003.

 

It was reported that these premises currently held a Premises Licence and the request for extended hours were outlined within the report also the application to vary was to extend the licensed area to include the rear yard.

 

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.

 

Three representations had been received from local residents.  The representations related to concerns regarding the close proximity of the outside area to residential properties and that nuisance would be caused by customers using this area.  Copies of the representations were available.

 

The applicant attended the meeting together with her partner.  Councillor B Mooney was also in attendance together with local resident Mr J Usher.

 

Councillor L Rowlands was in attendance at the meeting as an observer.

 

The Licensing Manager confirmed that all documentation had been sent and received and that the local resident in attendance had also been given permission to speak on behalf of other residents.  Aerial photographs of the premises had also been provided to identify locations.

 

The applicant, Ms Jones addressed Members and outlined how the premises would operate should the Premises Licence be varied.  She informed Members about how the premises would operate should a variation to the Premises Licence be granted.  She outlined the way in which the premises would be run should it be agreed to include the outside area in the Premises Licence and that this would be used primarily as a smoking area.  The applicant also advised that an acoustic fence had been erected in order to minimise noise emanating from the yard.

 

The applicant informed Members that further to discussions with one of the local residents who had made a representation and who was in attendance, she would be willing to reduce the hours originally applied for to fall in line with the hours outlined by Planning.

 

Ms Jones responded to questions from Members of the Sub-Committee, Mr A Bayatti, Legal Advisor to the Sub-Committee and the local resident.

 

Members heard from Councillor Mooney and Mr Usher, a local resident, of initial concerns relating to the close proximity of the outside area to Mr Usher’s property and concerns that nuisance would be caused by customers using this area, however Members further heard from Mr Usher that he was content with the amended application and was content with the assurances set out by the applicant in her letter to local residents, a copy of which was considered by Members.

 

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing  ...  view the full minutes text for item 66.