The Director of Law, HR and Asset Management reported upon an application that had been received from Mr P McCarthy to vary a Premises Licence in respect of Casa Mia, 1 Grange Road, West Kirby, under the provisions of the Licensing Act 2003.

The application to vary the Premises Licence was to remove the following condition currently imposed on the Premises Licence:

• The sale of alcohol must be ancillary to the sale of a meal.

Applicants were required to submit an operating schedule setting out how they would conduct/manage their business 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 licence be granted.

In respect of the application, three representations had been received from local residents.  The representations related to anti-social behaviour and public nuisance which local residents stated was currently a problem within the vicinity of the premises.  Those making the representations considered that the removal of the condition would change the way the premises operated and would subsequently lead to an increase in public nuisance.  Copies of the representations were available.

A representation had also been received from Ward Councillors John Hale and Gerry Ellis.  The representation supported the concerns expressed by local residents and copies were available.

The applicant, Mr McCarthy, attended the meeting.

Mr Johnson, local resident, was also in attendance.

The Licensing Manager confirmed that all documentation had been sent and received and that a request for an adjournment had been made by Councillor Hale due to him being unable to attend the meeting to make representations.

Mr D K Abraham, Legal Advisor to the Sub-Committee, referred to Regulation 12 of the Hearings Regulations 2005.

The Licensing Manager reported that Councillor Hale had requested that comments be made in support of his further written representation should the request for an adjournment be denied.

A short adjournment took place in order that Members may consider the request for an adjournment of this matter.

The meeting reconvened, Members advised that they wished to proceed with the matter and that they would take into consideration Councillor Hale’s further written representations.

Mr McCarthy pointed out that no representations had been received from Merseyside Police regarding the application.  He advised Members that he was not seeking to change the format of the restaurant and that the reason for the application was to try and encourage older people back into the area.  He wanted to be able to offer a facility to family groups so that members of the group would be able to have a drink without the need to order a meal.  He wanted to encourage families to the premises and believed this would be beneficial for the area and would not exacerbate any existing problems of noise nuisance in the area.

Mr McCarthy responded to questions from Members of the Sub-Committee and Mr Abraham Legal Adviser to the Sub-Committee.

The Licensing Manager, on behalf of Councillor Hale, raised concerns regarding how the premises would be run should the application be granted.

Mr McCarthy responded to questions from the Licensing Manager.

Mr Johnson addressed the Sub-Committee, he raised his concerns regarding how the premises would be operated should the application be granted in that it may operate more like a bar rather than a restaurant.  He referred to the existing problems of noise nuisance from other premises in the area caused by people leaving the premises late at night and expressed his concerns regarding this problem being exacerbated.

Mr Johnson responded to questions from Members of the Sub-Committee and Mr D K Abraham, Legal Advisor to the Sub-Committee.

The Licensing Manager raised further concerns on behalf of Councillor Hale regarding the opening times of the premises and the concern that migration would occur from other premises in the area.  She reported that Councillor Hale requested that the application be refused, however, should the application be granted Councillor Hale wished that a condition be imposed on the Premises Licence to state that there would be no entry beyond 10.30 pm.

Mr McCarthy responded to Councillor Hale’s representations.

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the Statutory Guidance issued under section 182 of the Licensing Act 2003.

Members gave consideration to representations made by local residents and Ward Councillors relating to concerns that public nuisance could be caused by customers using the premises as a bar if they did not have to consume a meal.  In determining the matter Members were content that the primary use of the premises would continue to be as a restaurant.

Members also noted that there were no representations received from any of the Responsible Authorities in particular Merseyside Police and Environmental Health.

Resolved -

(1)  That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during consideration of the application.

(2)  That the application to vary the Premises Licence in respect of Casa Mia, 1 Grange Road, West Kirby, be granted to remove the following condition:

• Sale of alcohol must be ancillary to the sale of a meal.