Resolved –

(1)  That Councillor D Mitchell be appointed Chair to consider the application in respect of Johnny Pie, Pye Road, Heswall, together with Councillors A Jones and T Norbury.

(2)  That Councillor A Hodson be appointed Chair to consider the application in respect of Thirty Six, Conway Street, Birkenhead, together with Councillors D Mitchell and L Rowlands.

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 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 Legal Advisor to the Licensing Panel announced that this meeting was being held virtually, was being webcast and a record would be retained.

The Director of Law and Governance reported upon an application that had been received from the Licensing Authority for a Review of a Premises Licence in respect of Johnny Pye, Pye Road, Heswall, 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 the conduct of the premises in respect of non-compliance with the requirements of their Premises Licence and Covid-19 legislation/guidance.

It was reported that the premises held a Premises Licence allowing the licensable activities as set out within the report.

In response to the review application, a representation had been received from the Premises Licence Holder, Marston Plc.  A copy of the representation was available.

The Licensing Authority was represented by Mr A Bushell who was in attendance at the meeting together with Ms J Moran, Licensing Enforcement Officer.

Ms M Hazelwood, John Gaunt & Partners Solicitors represented the Premises Licence Holder and was in attendance with Mr J Bentley, Area Manager and Ms V Dale, Designated Premises Supervisor.

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

Mr A Bushell, Licensing Operations Manager acting as the Responsible Authority Officer for the Licensing Authority outlined the reasons why he had believed it was necessary to review the Premises Licence.  He explained that the Licensing Authority have been playing a key role in Wirral Council’s response to the COVID-19 pandemic. He reminded the Licensing Panel that the Government had introduced a number of measures in the form of regulations and guidance for the safety of the public in order to reduce the risk to public health, in particular regulations relating to the operation of licensed premises. It was recognised by Mr Bushell that the restrictions had resulted in very difficult circumstances for many businesses in the hospitality sector. He advised the Licensing Panel that in order to support businesses at this time officers from the Licensing Authority and Environmental Health had provided information and guidance to assist them to comply with the regulations. Mr Bushell provided extensive detail of the number of engagement visits that had taken place at the Johnny Pye starting with a visit in advance of the re-opening of licensed premises in  ...  view the full minutes text for item 3.

The Legal Advisor to the Licensing Panel announced that this meeting was being held virtually, was being webcast and a record would be retained.

The Director of Law and Governance reported upon an application that had been received from David Doyle to vary a Premises Licence in respect of Thirty Six, Conway Street, Birkenhead.

It was reported that the premises currently have a Premises Licence and the permitted hours were set out within the report.  The hours applied for to vary the Premises Licence were also set out within the report.  The application submitted was also to amend the plan attached to the Premises Licence to include an outside area and the applicant had proposed a number of conditions in relation to this.

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.  Following discussions with Merseyside Police the applicant had agreed to include a number of conditions on the Premises Licence should the variation be granted.  These conditions were set out within the report.

In respect of the application a representation had been received from the Licensing Authority.  The representation related to concerns of noise nuisance as the applicant wished to include the outside area on the Premises Licence.  The Licensing Authority reported that complaints had previously been received from local residents relating to noise coming from inside the licensed premises.

A representation had been received from Environmental Health.  The representation related to concerns in respect of noise nuisance emanating from the outside area should entertainment be permitted beyond 23:00 due to residential properties within the vicinity of the premises.

A representation had also been received from Ward Councillor Jean Stapleton, which related to residents being disturbed by loud noise coming from the outside area at a later hour.  Copies of all representations were available.

The applicant’s legal representative, Mr Holland attended the meeting by way of video conference.

Mr A Bushell, representing the Licensing Authority and Mr N Joughin representing Environmental Health also attended the meeting by way of video conference. 

The Licensing Manager confirmed that all documentation had been sent and received and that photographs had subsequently been received from the applicant and shared with Members of the Licensing Panel.

The Licensing Manager outlined the report.

Mr Holland, on behalf of the applicant, advised that the premises was currently managed by very experienced operators and that the business only operated at the weekend.  Mr Holland informed Members that it would be the intention of the applicant to draw people to the area and create jobs through the provision of a different type of hospitality venue within the nighttime economy of Birkenhead.  Members of the Licensing Panel viewed photographs and maps showing the location of the land as well as development that had taken  ...  view the full minutes text for item 4.