The Acting Director of Law, HR and Asset Management reported upon an application that had been received from La Luz Limited to vary a Premises Licence in respect of Soft Rock Café, 54/56 Wallasey Road, Liscard, under the provisions of the Licensing Act 2003.

The hours applied for to vary the Premises Licence were outlined within the report.

The applicants had submitted an operating schedule setting out how the business would be conducted/managed 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 the application, a representation had been received from a local resident.  A representation had also been received from Central Liscard Area Residents Association which included a petition signed by 26 local residents.  The representations related to public nuisance from entertainment taking place at the premises and nuisance caused by customers outside the premises. 

A representation had also been received from Ward Councillor, Bernadette Mooney.  The representation supported the concerns expressed by local residents.

Copies of all representations were available at the meeting.

Mr L Owen attended the meeting to represent the Premises Licence Holder together with Ms K Sutton, Designated Premises Supervisor.

Ward Councillor, Councillor D Dodd attended the meeting together with Mr D Hale, Chairman of Central Liscard Area Residents Association.

The Licensing Manager confirmed that all documentation had been sent and received and that La Luz Limited had given authority for Mr Owen to speak on their behalf and that a number of local residents had requested that Councillor Dodd speak on their behalf.

Mr Owen addressed the Sub-Committee and advised Members that although there had been some issues since the premises opened in April he believed there were a number of things he had been accused of that were incorrect.  He referred to each of the points made in the representation submitted by Mr Hale and advised Members that the intention was never to run the premises as a restaurant but that it was intended to be a bar that sold food.  He informed Members that the occupancy was dictated by the number of fire escapes and that customers of the premises who wished to smoke outside the premises were controlled by door supervisors.  He pointed out that there had been no incidents of underage drinking at the premises and that the premises operated a Challenge 25 Policy.  He referred to the concerns raised regarding deliveries and clarified the locations of the deliveries.  He also made the point that there were no representations from any of the responsible authorities.  He admitted that there had been some issues regarding noise problems at the premises and outlined the improvements that had been carried out at the premises in order to combat these problems.  He advised that Ms Sutton had been employed recently as a new Designated Premises Supervisor, that she was very experienced and he hoped that this would help in mitigating any issues.  He asked that the application to vary the Premises Licence be granted as applied for.

Mr Owen responded to questions from Members of the Sub-Committee, Mr Abraham, Legal Adviser to the Sub-Committee and Mr Hale.

Mr Hale stated that he was speaking on behalf of local residents.  He raised concerns regarding the parking restrictions in the loading bays surrounding the premises and the issues regarding delivery vehicles parking in the vicinity.  He also expressed concern regarding the doors to the rear of the premises being left open and regarding the occupancy figure and that a lot more people could be outside smoking as he believed the music would attract a larger number of people to the premises.

Councillor Dodd addressed the Sub-Committee.  He explained that he had received complaints over a period of time regarding noise emanating from the premises and noise from people outside the premises.  He advised Members that there were a number of concerns including windows being left open when bands were playing, a large number of people smoking outside the premises and making noise, people drinking outside the premises and delivery vehicles blocking the surrounding roads.  He advised Members that a Statutory Notice had recently been served on the premises and that no additional complaints had been received since this had been issued.  He requested that Members consider the issues that had been raised by local residents in particular the issues regarding noise and requested that the staff at the premises work together with residents to resolve any problems that may arise in the future.

Councillor Dodd and Mr Hale responded to questions from Mr Owen and Members of the Sub-Committee.

In determining the application the Licensing Act 2003 Sub-Committee had regard to the four Licensing Objectives, the Council’s Statement of Licensing Policy, and the Statutory Guidance issued under Section 182 of the Licensing Act 2003.

Members heard representations in support of the application from Mr Owen who represented La Luz Limited.

Members also heard evidence from Mr Hale, Chair of Central Liscard Area Residents Association and the Ward Councillor, Councillor Dodd.

Members had regard to the location of the premises in that it was situated in close proximity to residential properties.

Members heard the concerns expressed on behalf of residents that they were being disturbed by noise from music at the premises and people congregating outside the premises.

In making their determination Members considered the current management of the premises and the improvements that had been made.

Members also heard that Environmental Health had recently issued a Statutory Noise Abatement Notice in respect of noise nuisance emanating from the premises.

In light of the above, Members considered that the Licensing Objective in respect of the Prevention of Public Nuisance would be undermined should the application be granted in its entirety and considered that their decision was proportionate and an appropriate response to the application made.

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 in respect of Soft Rock Café be varied as follows:

1.  That the following condition be removed from the Premises Licence:

• The sale of alcohol must be ancillary to the use as a restaurant.

2.  That the licensed area be increased so that the mezzanine floor is included on the Premises Licence.

3.  The hours for Late Night Refreshment be granted as applied for:

  Sunday to Saturday  23:00 to 00:00

4.  That the additional hours applied for the Supply of Alcohol and Regulated Entertainment be refused.