The Director of Law, HR and Asset Management reported upon an application that had been received from Mrs J Dogan for a Premises Licence in respect of Ozzys Café Kebab Shop, 8 St Anne Street, Birkenhead, under the provisions of the Licensing Act 2003.

The application was for the grant of a new Premises Licence for 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 a local resident.  The representation related to noise nuisance and anti-social behaviour caused by youths which was currently a problem within the vicinity of the premises.  A copy of the representation was available.

Ward Councillor, Phil Davies had also made a representation which supported the concerns expressed by the local resident.

The applicant, Mrs Dogan, attended the meeting together with her representative, Mr Mearns.

The local resident who had objected to the application did not attend the meeting.  Councillor Davies was unable to attend.

The Licensing Officer confirmed that all documentation had been sent and received and that a petition had also been received to which the applicant had no objection to being shown to Members.  The applicant also requested to submit a letter which was distributed to Members.

Mr Mearns explained the reasoning behind the application.  He advised that Mrs Dogan had taken over the business and invested a considerable sum of money in the premises.  He informed Members that the premises had become popular with local people and referred to the petition that had been submitted in support of the application.  He addressed the concerns raised by the local resident and believed that all the allegations referred to were not directly linked to the premises.

Mr Mearns and Mrs Dogan responded to questions from Members of the Sub-Committee and Mr Abraham, Legal Advisor to the Sub-Committee.

The Chair advised that although the local resident did not attend the meeting, Members had considered the written representations submtited.

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 had regard to representations made from the Ward Councillor and local residents which related to general concerns of public nuisance within the vicinity of the premises including litter and traffic issues. 

Members also had regard to the fact that no evidence was presented that directly linked the premises to public nuisance.

Members heard evidence as to how the premises would be managed including arrangements relating to the closing of the premises and litter collection and considered the representations made by the applicant in respect of ensuring that the premises would be operated in a responsible manner.

Members had regard to the fact that there were no representations from Merseyside Police, Environmental Health or any other responsible authority.

Members stressed that advice must be sought from Planning (Development Control) in respect of the existing Planning Restrictions on the premises.

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 Ozzys Café Kebab Shop, 8 St Anne Street, Birkenhead, be granted with the following hours:

  Late Night Refreshment

  Sunday to Saturday  23:00 to 00:00

  Hours Open to the Public

  Monday to Saturday  08:00 to 00:00

  Sunday   15:00 to 00:00