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 Punch Bowl, 77 Market Street, Hoylake, 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.

Sergeant P Jenkins, Merseyside Police, attended the meeting.

Mr A Lyons, Director, Altcom 404 Limited was also in attendance.

The Licensing Manager reported that all documentation had been sent and received and that there had been a transfer of the Premises Licence since the application had been received from Merseyside Police and that Mr Lyons was in attendance to represent the Premises Licence Holder.

Sergeant Jenkins requested to submit photographic evidence of the gas meter at the premises.  Mr Lyons had no objection to this and the photographs were therefore considered by Members.

Sergeant Jenkins reported that there was an ongoing criminal investigation into the illegal abstraction of gas at the premises which presented a danger to the public and compromised the licensing objectives of crime and disorder and public safety.  Sergeant Jenkins gave details of the circumstances surrounding the discovery of the gas being illegally abstracted.  Sergeant Jenkins advised Members that the premises were currently for sale and requested that the Designated Premises Supervisor be removed and that Mr Lyons agree to an undertaking that all checks with both gas and electricity would be made and that details of the relevant suppliers be available to any authorised officer.

Sergeant Jenkins responded to questions from Members of the Sub-Committee.

Mr Lyons stated that he was in agreement with Sergeant Jenkins and would comply with the requests he had put forward.

Members gave careful consideration to the application made by Sergeant Jenkins on behalf of Merseyside Police to Review the Premises Licence at The Punch Bowl, 77 Market Street, Hoylake, and the representations made by Mr Lyons, Director of Altcom 404 Limited.

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.

Members accepted the evidence provided by Merseyside Police that the gas supply at the premises had been unlawfully tampered with and noted that Merseyside Police had concerns in respect of the licensing objectives of public safety and crime prevention regarding this.

Members noted that the Premises Licence had been transferred from Emma Jones to Altcom 404 Limited since the application for review had been received.

Members further noted that the Premises Licence Holder undertook to disclose details of any proposed new tenant to Merseyside Police to ensure they were content with the said tenant.

Members also noted that the Premises Licence Holder undertook to accurately record the meter readings for the utilities prior to the occupancy of any new tenant and make those readings available to any responsible authority or utility company as appropriate.

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 current Designated Premises Supervisor be removed.