The Director of Law, HR and Asset Management reported upon an application that had been received from Ali Yesildag for a Premises Licence in respect of Paradise Pizza and Kebab Shop, 110 Wallasey Road, Wallasey, under the provisions of the Licensing Act 2003.

The application was for the grant of a new Premises Licence with the hours outlined within the report.

The applicant was 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.

A representation had been received from Central Liscard Area Residents Association.  A petition had also been received signed by 52 local residents.  Two representations had also been received from local residents.  The representations related to anti-social behaviour and noise nuisance caused by customers of the premises.  Copies of the representations and petition were available.

Ward Councillor, Bernadette Mooney had also made a representation which supported the concerns expressed by local residents.

Following consultation with Merseyside Police, the applicant had agreed to conditions being imposed on the Premises Licence should the application be granted.

The applicant, Mr Yesildag, attended the meeting together with Ms Keeley who acted as interpreter.

Ward Councillor, Darren Dodd was in attendance together with Mr D Hale, Chair, and Mr G Sanson, Member, Central Liscard Area Residents Association.

The Licensing Officer confirmed that all documentation had been sent and received and that a written request had been received from Central Liscard Area Residents Association for Councillor Dodd to speak on their behalf.

The applicant explained the reasoning behind his application which was due to the business suffering economically over the past two years.  He advised that customers had previously requested whether alcohol was available at the premises.  He informed Members that he had been at the premises for a number of years and that local residents had no problems with the way the shop was run.

Mr Yesildag responded to questions from Members of the Sub-Committee, Mr Abraham, Legal Advisor to the Sub-Committee, Mr Sanson and Mr Hale.

In response to a question from Mr Hale, Members of the Sub-Committee confirmed that they had read his written submission.

Councillor Dodd reported that a number of residents had raised concerns regarding the increasing number of licensed premises in Liscard and that they were concerned about the increase in the number of people in the area late at night causing noise and anti-social behaviour.  He believed that should the application be granted this would be a magnet for consumers to buy alcohol at a later hour.  He also raised concerns about the sale of alcohol to persons under the age of 18.

Mr Hale referred to his written representations and stated that residents believed that saturation point had been reached in Liscard and that they had concerns regarding the area receiving a poor reputation.

Mr Sanson reported that residents were opposed to the application as they were concerned about the spread of availability of alcohol in the area.

Mr Hale responded to questions from Members of the Sub-Committee.

Members sought clarification regarding a proposed condition outlined in the operating schedule which stated that no children would be allowed in the shop after 7pm unless accompanied by an adult.  The applicant stated that he wished to withdraw the proposed condition.

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 of the Licensing Act 2003 Sub-Committee gave consideration to representations made by the Central Liscard Area Residents Association and a Ward Councillor relating to concerns that if the application was to be granted this would cause anti-social behaviour within the vicinity of the premises and make alcohol available to persons under the age of 18.

Members noted that Merseyside Police, in consultation with the applicant, had proposed a number of conditions to address the concerns raised and promote the Licensing Objectives in relation to the prevention of crime and disorder and the protection of children from harm.

Members considered that the conditions applied were a proportionate response to the application presented and were necessary for the promotion of the Licensing Objectives.

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 Paradise Pizza and Kebab Shop, 110 Wallasey Road, Wallasey, be granted with the following hours:

  Sale by Retail of Alcohol

  Sunday to Thursday  17:00 to 01:00

  Friday and Saturday  17:00 to 04:00

  Alcohol sales made after 23:00 would be for delivery orders only

  Hours Open to the Public

  Sunday to Thursday  17:00 to 01:00

  Friday and Saturday  17:00 to 04:00

  Late Night Refreshment

  Sunday to Thursday  23:00 to 01:00

  Friday and Saturday  23:00 to 04:00

(3)  That the following condition be attached to the Premises Licence:

• The premises must operate a refusals book which must be available for inspection by an Authorised Officer upon request.

• CCTV must operate at the premises at least in accordance with the minimum specification issued by the Licensing Authority.  Tapes and visual images recorded must be retained for a period of 31 days and must be handed to an Authorised Officer on request.

• The Premises must adopt a Challenge 25 policy and display appropriate posters and signage.  All staff must be trained on this policy and a record of this training must be kept and be made available to an Authorised Officer on request.

• The Challenge 25 Policy must be adhered to when alcohol is sold ancillary to a food delivery order.  Any person appearing to be under the age of 25 years at the point of delivery/sale must be asked for ID before delivery is made.  This policy must be clearly displayed on all literature.

• When any telephone order is taken for food, where alcohol is ancillary to the order, the Challenge 25 policy must be made clear to the purchaser.

• Sales of alcohol must only be made when meal(s) are purchased.

• Proof of age must be requested upon delivery.

• There must be no sale of strong strength alcohol on the premises with an ABV of 7% and above.

• Delivery must only be made to dwellings and other buildings.  No delivery to be made to persons in the open air.

• The only acceptable forms of ID are a passport, photo driving licence or other PASS accredited ID.