Resolved – That Councillor Stephen Bennett be appointed Chair for this meeting.

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 received from Merseyside Police to Review the Premises Licence in respect of Higher Tranmere Express, 8-10 Bebington Road, Tranmere, CH42 6PU under the provisions of the Licensing Act 2003.

The Licensing Manager outlined the report and advised that the Licensing Sub-Committee may, having regard to the application for the Review and any relevant representations, take the following steps as 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; or

·  Revoke the Licence

The Sub-Committee were informed that the Licensing Authority may decide that no action is appropriate if it found the review did not require any steps were appropriate to promote the licensing objectives.

The premises currently permits the licensable activities as set out within the report.

It was reported that the application to review the Premises Licence had been made by Merseyside Police on the grounds of reports relating to the sale of Nitrous Oxide (a Class C illegal substance) on the premises.

The Sub-Committee were provided with detailed Government Guidance in relation to the prohibitions relating to Nitrous Oxide.  Members of the Sub-Committee were referred to the Government Guidance in respect of the matters that retailers should consider in respect of the supply of Nitrous Oxide which they reported is classified as a Class C drug under the Misuse of Drugs Act 1971.  The Sub-Committee were made aware that there can be a legitimate use of Nitrous Oxide, in particular in relation to catering and the use of Nitrous Oxide in cocktail making. 

Merseyside Police and Trading Standards were in attendance at the Hearing as well as the Premises Licence Holder, their Solicitor and their Licensing Agent.

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

The Police Licensing Officer provided details to the Sub-Committee in respect of the sale of Nitrous Oxide on offer at the premises which they reported can be harmful to children and individuals.  The Police Licensing Officer informed the Sub-Committee that the Wirral Targeted Team had received intelligence on 2June 2024 that the premises were offering for sale Nitrous Oxide Cannisters. The statement of the Police Officer who attended the premises in response to the intelligence received was referred to at the Hearing. The Sub-Committee were further informed that the officer had attended in non-uniform and asked the shop assistant about this product who confirmed it was on sale at a cost of £45 and that various flavours were available.

The Sub-Committee were informed that following this incident, Police Officers attended the premises and conducted a search of the premises.  It was made known to the Sub-Committee that during the search of the premises two singular Nitrous Oxide cannisters were found concealed down a side compartment of the counter, behind a wooden slat and that next to the cannisters  ...  view the full minutes text for item 3.