Agenda and minutes
Venue: Floral Pavilion, Marine Promenade, New Brighton
APPOINTMENT OF CHAIR
Resolved – That Councillor A Hodson be appointed Chair for this meeting.
MEMBERS' CODE OF CONDUCT - DECLARATIONS OF INTEREST
Members of the Licensing Panel 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 Panel 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 Director of Law and Governance reported upon an application that had been received from local residents for a Review of a Premises Licence in respect of Freddies, 36 Stanley Road, New Ferry, under the provisions of the Licensing Act 2003.
The Director of Law and Governance advised that the Panel may, having regard to the application for a 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.
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 anti-social behaviour being caused by customers of the premises, public nuisance being caused to local residents and concern in respect of public safety, in particular the safety of children.
It was reported that the premises held a Premises Licence allowing the licensable activities as set out within the report.
In respect of the review application, twelve representations had been received from local residents who supported the application.
A representation had been received from a local resident who considered that the way in which the premises operates does not undermine the licensing objectives.
A representation had been received from the Licensing Authority who had reported that complaints had been received from local residents in respect of the operation of the premises. The complaints related to a number of issues which residents advised were linked to the premises, these included anti-social behaviour, noise nuisance and drug use. As a result of these complaints the premises had been visited a number of times by a Licensing Enforcement Officer.
A representation had been received from Environmental Health who advised that complaints had been received from local residents regarding potential statutory nuisances from the premises relating to odours from cooking, light nuisance and noise nuisance. Environmental Health had been liaising with the premises regarding these matters.
A representation had been received from the Planning Authority who had reported that in accordance with the planning permission the premises were permitted to operate as a restaurant. The Planning Authority had received complaints from local residents who had indicated that the premises were not operating as a restaurant. These allegations were currently being investigated by the Planning Authority. The Planning Authority also advised that a number of physical alterations had been made to the premises, some of which had been carried out in breach of planning control and the premises had submitted a retrospective planning application in relation to these physical changes.
Copies of all representations were available.
The Premises Licence Holder attended the meeting together with her legal representative.
A number of local residents were also in ... view the full minutes text for item 20.