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 The Pacific Hotel, 476 Price Street, Birkenhead, under the provisions of the Licensing Act 2003.

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

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 gas at the premises being illegally abstracted.  Merseyside Police also found cannabis plants within the flat above the premises to which access could only be gained through the premises.

Sergeant P Jenkins, Merseyside Police, attended the meeting.

The Licensing Manager reported that all documentation had been sent and received, however, no notification of attendance had been received from the Premises Licence Holder.

Sergeant Jenkins explained the current situation at the premises.  He advised Members that the premises were currently closed and that there was an ongoing criminal investigation in the matter.  He also reported that he had received no response from the Premises Licence Holder.

The Licensing Manager informed Members that this matter was originally listed to be considered on 28 June 2012, however, this meeting was re-arranged to take place today and that the Premises Licence Holder was advised that the matter was adjourned to this date.

The Chair reported that in the interest of the public, Members of the Sub-Committee would proceed with the matter.

Sergeant Jenkins outlined the application for review.  He reported upon a visit made to the premises on 1 May 2012 by officers of the Police Licensing Unit and Revenue Protection Officers from British Gas where it was discovered that the gas meter had been ‘reversed’ and the gas was being stolen.  It was also discovered that the electricity supply had been diverted to the upper floors of the premises and upon forced entry to the upper floor a cannabis farm was discovered.  Sergeant Jenkins therefore requested that the Premises Licence be revoked.

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

Members gave careful consideration to the application made by Merseyside Police to review the Premises Licence at The Pacific Hotel, 476 Price Street, Birkenhead.

Although the respondent did not attend the meeting, Members considered paragraph 20, sub paragraph (2) of the Licensing Act 2003 Hearings Regulations 2005 in determining that it was nevertheless in the public interest that the matter proceed.  Members noted that the application had been previously listed to be considered on 28 June 2012, but that notification was sent to Mr Hughes informing him that the meeting had been cancelled and would be adjourned to today’s date and that further notification was sent regarding the hearing today but that no response had been received to communications (including telephone calls) from the Licensing Department or Merseyside Police.

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 11.27 - 11.30.

Members accepted the evidence provided by Merseyside Police that the gas supply at the premises had been unlawfully tampered with and that gas had been stolen.  Members also accepted that Merseyside Police had major concerns in respect of public safety regarding this and that the electrical supply at the premises had been interfered with and used to assist in the growing and cultivation of cannabis within the building.

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 The Pacific Hotel, 476 Price Street, Birkenhead be revoked.