The Acting Director of Law, HR and Asset Management reported upon an application that had been received from Farhad Daemi for a Premises Licence in respect of Mr Pizza, 158c Bebington Road, Bebington, under the provisions of the Licensing Act 2003.

The application was for the grant of a new Premises Licence with 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.

Representations had been received from Ward Councillors Jerry Williams, Christina Muspratt and Walter Smith.  The representations related to anti-social behaviour which they considered was a current problem within the vicinity of the premises.  Copies of the representations were available.

The applicant, Mr Daemi, attended the meeting together with Mr Hamid who presented the application.

Ward Councillor, Walter Smith was also in attendance.

The Licensing Officer confirmed that all documentation had been sent and received.

The applicant explained that the business had been there for about 18 years and had been open from 4 pm to 11 pm.  He reported that he had never experienced any problems and there had been no incidents at the premises.  He informed Members that most of the business would be from deliveries rather than passing trade and that the business had been struggling financially.

Mr Hamid responded to questions from Members of the Sub-Committee, Mr Abraham, Legal Advisor to the Sub-Committee and Councillor Smith.

Councillor Smith reported that although there had been no recorded incidents of anti-social behaviour the premises was situated in close proximity to residential property.  He reported that Ward Councillor, Councillor Muspratt had received a number of complaints from local residents regarding customers behaving in an anti-social manner.  Councillor Smith raised concerns regarding noise nuisance at a later hour should the application be granted and believed that the application to be open until 1am was unreasonable.

Councillor Smith responded to questions from Members of 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 heard representations from Mr Hamid on behalf of Mr Daemi, the applicant in support of the application.

Members had regard to the representations made by the Ward Councillors relating to concerns that if the application was granted, this could result in disturbance to local residents at a late hour.

Members also had regard to the fact that the main business to be operated from the premises during the hours applied for is through deliveries.  Members also noted that it was reported that there were no incidents or complaints recorded in respect of the premises.

Members noted there were no representations from any of the Responsible Authorities, in particular Merseyside Police, or evidence provided in support of anti-social behaviour linked to 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 Mr Pizza, 158c Bebington Road, Bebington, be granted with the following hours:

  Late Night Refreshment

  Sunday to Saturday  23:00 to 01:00

  Hours Open to the Public

  Sunday to Saturday  16:00 to 01:00