The Director of Law, HR and Asset Management reported upon an application that had been received from Mohammed Rafaqat for the grant of a Premises Licence in respect of Kwiksave, 103 Poulton Road, Wallasey, under the provisions of the Licensing Act 2003.

The premises previously held a Premises Licence to allow the hours as set out within the report.  The application for the grant of a Premises Licence was for the supply of alcohol and hours open to the public from 8 am to 11 pm seven days per week.

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.

In respect of this application, three representations had been received from local residents.  The representations related to youths causing anti-social behaviour which they considered was currently a problem within the vicinity of the premises.  Copies of the representations were available.

No representations had been received from any of the Responsible Authorities.

Mr M Ali attended the meeting together with his representative, Mr P Douglas.

The Licensing Manager confirmed that all documentation had been sent and received and confirmed that notice had been sent to the residents who had made representations and that one of the residents had indicated he would be in attendance but had failed to attend.

Mr Douglas addressed the Sub-Committee.  He referred to the representations opposing the application and reported that they were very closely linked and had a vested interest in the application being refused.  He advised Members that Mr Ali had spoken to the Police Licensing Sergeant prior to submitting his application and that Sergeant Jenkins had been satisfied with the application and was content that the licensing objectives had been addressed.  Mr Douglas reported that the local community would benefit from the premises being granted a Premises Licence and that no residents had raised any objections.  Mr Douglas informed Members that the representations received had been made by the Premises Licence Holder of another business located near to the Kwiksave premises and were from Members of the same family.  Mr Douglas requested that the application be granted.

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

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 considered the written and oral representations made by the applicant and his representative Mr Douglas.

Members also considered the written representations of the objectors who did not attend in person.

Members had regard to the fact that there were no representations from the Responsible Authorities, in particular, Merseyside Police.

In determining the matter Members had regard to the lack of direct evidence that the licensing objectives would be undermined should the application be granted.

Members considered representations made by the applicant in respect of how the premises would be managed to uphold 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 Kwiksave be granted with the following hours:

Supply of Alcohol

Sunday to Saturday  08:00 to 23:00

Hours Open to the Public

Sunday to Saturday  08:00 to 23:00

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

·  That all staff authorised to sell alcohol must attend training delivered either by Wirral Trading Standards or a training provider who can deliver accredited training in relation to under-aged sales and a record of this training must be made available to an authorised officer on request and that refresher training be provided every 6 months and a record of this training must be kept.