The Director of Law, HR and Asset Management reported upon an application that had been received from Merseyside Police for the review of a Premises Licence in respect of Club Zu, 28 Oliver Street East, Birkenhead, under the provisions of the Licensing Act 2003.

The premises currently have a Premises Licence which allows the licensable activities as set out in the report.

A copy of the Premises Licence setting out the hours and conditions attached to the licence was available.

The Director advised that the Sub-Committee may, having regard to the application for review and any relevant representations, take such of the following steps as it considered necessary 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.

The Licensing Authority may decide that no action would be necessary if it found that the review did not require it to take any steps necessary to promote the licensing objectives.

The application had been submitted by Merseyside Police and the Licensing Sergeant advised that the grounds for review were in relation to the prevention of crime and disorder and public safety due to the illegal abstracting of electricity at the premises.

Sergeant P Jenkins and Constable R Jones, Merseyside Police, attended the meeting.

Ms N Diable, the Premises Licence Holder was also in attendance.

The Licensing Officer reported that all documentation had been sent and received and that further documentation received from Merseyside Police had been circulated prior to the meeting.

Sergeant Jenkins outlined the application for review.  He reported that a number of breaches of the Premises Licence had been identified subsequent to a visit made to the premises on 31 March 2011.  He reported that due to a clear family connection between this premises and a premises that had previously had its Premises Licence revoked due to having an illegal gas supply, a warrant was obtained.  On a visit made on 5 April 2012 it was discovered that the electricity meter at Club Zu had also been interfered with and that electricity had been abstracted from the premises.  He gave details of an interview that had taken place with Ms Diable when she stated that she had been the Premises Licence Holder of Club Zu since the end of November 2011 and fully accepted that she had illegally abstracted electricity as she had used it and not paid for it.  Sergeant Jenkins advised that there was an ongoing criminal investigation into the matter and that Ms Diable was currently on Bail.  He confirmed that the amount stolen was very substantial.  He reported that a crime had been committed and the licensing objective of crime and disorder had clearly been compromised.  He believed there would be no conditions that could be added to the Premises Licence.  He therefore requested that the Premises Licence be revoked.

Ms N Diable requested to submit a written statement.  Sergeant Jenkins had no objections to this and it was therefore considered by all parties.

The Chair asked whether Ms Diable wished to add anything verbally to her written statement, however Ms Diable declined the opportunity to do so.

Ms Diable responded to questions from Members of the Sub-Committee, Mr Abraham, Legal Advisor to the Sub-Committee and Sergeant Jenkins.

Members gave careful consideration to the application made by Merseyside Police to review the Premises Licence at Club Zu, 28 Oliver Street East, Birkenhead and the representations made by Nichola Diable, the current Premises Licence Holder.

In determining the review 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, in particular, paragraphs 11.25 - 11.31.

Members accepted the evidence provided by Merseyside Police that the electricity supply at the premises had been unlawfully tampered with and exracted and that there had not been a recognised supply of electricity to the premises since 2007.  Members therefore noted that Merseyside Police had major concerns in respect of the licensing objectives of public safety and crime prevention regarding this.

Members heard representations from Nichola Diable, the current Premises Licence Holder and her admission that as Premises Licence Holder she was responsible for the premises and also that she rented the premises from her father and Ged Wilson.  Members noted that Nichola Diable had been the Premises Licence Holder since November 2011 and that in her statement dated 11 October 2010 she also stated that she was managing the premises at this time and therefore her involvement with the business extended beyond November 2011.

Members also accepted the evidence from Merseyside Police by way of an interview undertaken with Nichola Diable when she admitted that she had not registered with any electricity supplier since she had become Premises Licence Holder at the premises that she had abstracted electricity and had used electricity at the premises which had not been paid for.

In light of the above, Members considered that placing conditions on the Premises Licence would not be appropriate.  Therefore, Members considered it necessary for the promotion of the licensing objectives, in particular, the prevention of crime and disorder and public safety, to revoke the Premises Licence.

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 Premises Licence in respect of Club Zu, 28 Oliver Street East, Birkenhead be revoked.