The Director of Law, HR and Asset Management reported upon an application that had been received from Anne Fleming for the grant of a Premises Licence in respect of Sunlight Restaurant and Bar, 2C Bromborough Road, Bebington, under the provisions of the Licensing Act 2003.

The premises currently had a Premises Licence with the hours as set out within the report.

An operating schedule had been submitted setting out how the business would be conducted/managed in accordance with the four licensing objectives and that the proposals set out in the schedule may become conditions of the licence should the application be granted. A copy of the full application was available.

In respect of this application four representations had been received from local residents.  A representation had also been received from Church Farm Owners Association together with a petition signed by 23 residents of Church Farm and Ormerod Court.  The representations related to anti-social behaviour which was currently a problem within the vicinity of the premises which residents considered could increase if the application was granted.  Concerns had also been raised regarding noise from entertainment coming from the premises at a late hour.

The applicant, Anne Fleming, attended the meeting together with Mr R Fleming, Designated Premises Supervisor and Ms L Williams and Mr P Buck in support.

Councillor Walter Smith and Mr G Ranshaw, Vice Chairman of Church Farm Owners Association, were also in attendance.

The Licensing Manager confirmed that all documentation had been sent and received and that residents had requested that Councillor W Smith speak on their behalf.  It was agreed by all parties photographs may be considered by Members of the Sub-Committee and these were distributed accordingly.  The Licensing Manager also confirmed that the applicant had amended the hours applied for following the concerns of local residents and informed all parties of the amended hours.

Mrs Fleming addressed the Sub-Committee and explained that the application was for a restaurant and bar and that there was no intention to change the current operation of the premises.  She explained that the premises was family run and that she wanted to provide background music for people dining at the premises.

Mrs Fleming responded to questions from Members of the Sub-Committee, Mr D K Abraham, Legal Adviser to the Sub- Committee and Mr Renshaw.

Mr Renshaw stated that he had no objections to a licensed restaurant being operated at these premises, however, he raised his concerns regarding live music.  He informed Members that the premises were situated in a quiet residential area and that he was opposed to live music being permitted.

Councillor Walter Smith then made representations on behalf of local residents.  He reported that he had never received any complaints regarding the premises but that residents were extremely concerned regarding live bands being permitted to play at the premises and the level of noise becoming a disturbance.  He also raised concerns regarding noise disturbance of people leaving the premises at a later hour.  Councillor Smith requested that the application be refused.

Councillor Smith responded to questions from Members of the Sub-Committee.

Mrs Fleming understood the concerns of local residents and assured Members she would assist in any way to keep noise levels at a minimum.  She also requested that residents liaise with her should they experience any problems.

In determining the application Members had regard to the licensing objectives, the Council’s Statement of Licensing Policy and relevant guidance issued under Section 182 of the Licensing Act 2003.

Members heard representations from Mrs Fleming, the applicant and considered written and oral representations from Mr Renshaw, local resident as well as the Ward Councillor on behalf of local residents.

Members noted the concerns raised were principally in respect of public nuisance caused by noise emanating from the premises in the form of live music.

Members also had regard to the fact that there were no representations from the responsible authorities, in particular Environmental Health and that there had been no complaints regarding noise nuisance in the past.

Members noted that it was not the intention of the applicant to change the nature in respect of which the premises currently operated.

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 for a Premises Licence in respect of Sunlight Restaurant and Bar, 2C Bromborough Road, Bebington, be granted with the hours as amended:

Sale by Retail of Alcohol 

Monday to Thursday  08:00 to 23:00

Friday and Saturday  08:00 to 23:30

Sunday  08:00 to 22:30

Hours Open to the Public

Monday to Thursday  08:00 to 23:30

Friday and Saturday  08:00 to 23:30

Sunday  08:00 to 22:30

Regulated Entertainment (Live Music)

Sunday to Thursday  12:00 to 22:30

Friday and Saturday  12:00 to 23:30

Regulated Entertainment (Recorded Music)

Monday to Thursday  12:00 to 23:00

Friday and Saturday  12:00 to 23:00

Sunday  12:00 to 22:30

Entertainment Facilities (Facilities for Making Music)

Sunday to Thursday  12:00 to 22:30

Friday and Saturday  12:00 to 23:30

Entertainment Facilities (Facilities for Dancing)

Sunday to Thursday  12:00 to 22:30

Friday and Saturday  12:00 to 23:00

Non-Standard Timings

The following non-standard timings have been granted for all of the above Licensable Activities and Late Night Refreshment (to start from 23:00) and Hours Open to the Public:

New Years Eve  12:00 to 01:00

Christmas Day  12:00 to 18:00

Good Friday  12:00 to 23:00

(3)  That, in addition to the appropriate conditions proposed in the operating schedule, the following conditions be attached to the Premises Licence:

• A sign must be prominently displayed advising customers that they may only smoke on the patio area at the side of the premises
• All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency and except for access and egress.
• There must be placed at all exits from the premises, in a place where they can be seen and easily read by the public, notices requesting customers to leave the premises and area quietly.

(4)  Members noted that the operator encouraged customers to remain in the premises whist waiting for taxis and that there would be ongoing dialogue between the applicant and local residents regarding any issues that may arise in the future.