Agenda and minutes

Venue: Floral Pavilion, Marine Promenade, New Brighton

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Items
No. Item

11.

APPOINTMENT OF CHAIR

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Minutes:

Resolved – That Councillor D Burgess-Joyce be appointed Chair for this meeting.

12.

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.

 

Additional documents:

Minutes:

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.

13.

APPLICATION TO VARY A PREMISES LICENCE UNDER THE PROVISIONS OF THE LICENSING ACT 2003 - Andre's, 140 Banks Road, West Kirby pdf icon PDF 120 KB

Additional documents:

Minutes:

The Director of Law and Governance reported upon an application that had been received to vary a Premises Licence in respect of Andre’s, 140 Banks Road, West Kirby.

 

It was reported that the premises currently has a Premises Licence and the hours permitted under the current Premises Licence together with details of the application were set out within the report. 

 

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. 

 

Further to discussions with Merseyside Police, the applicant had agreed to include a number of conditions being placed on the Premises Licence should the application be granted.  Following discussions with the Licensing Authority, the applicant had also agreed to include conditions relating to the use of the outside areas of the premises as detailed within the report.

 

In respect of the application seven representations had been received from local residents.  The representations related to public nuisance being caused to local residents from customers using the seating area outside of the premises.  Copies of the representations were available.

 

The Designated Premises Supervisor attended the meeting together with the legal representative of the applicant.  Three local residents were also in attendance.

 

The Licensing Manager confirmed that all documentation had been sent and received and that written confirmation had been provided from the applicant for the Designated Premises Supervisor to speak on his behalf.

 

With the agreement of all parties, the applicant’s legal representative submitted a number of letters in support of the application.

 

The Licensing Manager outlined the report.

 

The applicant’s legal representative informed the Panel that the application to permit the sale of alcohol for consumption off the premises had been made in order to enable customers to consume alcohol in both the garden terrace area and on the pavement at the front of the premises which was subject to a Pavement Licence.

 

The applicant’s legal representative advised Members that the front terrace was not used very often due to it being windy and there being a lot of foot traffic.  They further advised that there was no intention to play music in the outside areas.  Details were provided by way of average temperatures and times of sunsets from April to October to explain why the use of the outside areas may be limited at different times of the year and late at night.  Details of the operational hours of other premises in the area were also provided.

 

The applicant’s legal representative responded to questions from local residents, Members of the Licensing Panel and the Legal Advisor to the Panel.

 

In response to questions from local residents, Members were made aware that there are both heaters and sun shades situated within the garden terrace area and it was reiterated that the pavement area at the front of  ...  view the full minutes text for item 13.