The Acting 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 Bertha Macs, 16 Bebington Road, New Ferry, 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 Acting 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 appropriate 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 appropriate 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 electricity and gas at the premises having been illegally abstracted.  Merseyside Police had also advised that complaints had been received from residents relating to anti-social behaviour in respect of the premises.

Further to the application being made to review the Premises Licence, two separate applications had been made to transfer the Premises Licence and to change the Designated Premises Supervisor which had been granted as no objections had been received from the Police.

Sergeant P Jenkins, Constables R Jones and P Coley, Merseyside Police, attended the meeting.

Councillor S Niblock attended the meeting together with Mr Craig, Chair of the New Ferry Residents Association, who was present as a witness.

Ms Santo, current Premises Licence Holder and Designated Premises Supervisor was also in attendance.

The Licensing Manager reported that all documentation had been sent and received.  She also advised that Miss Santo had not been the Premises Licence Holder when the application for the review had been made.

Sergeant Jenkins reported that further investigations were being carried out into the illegal abstraction of electricity and gas at the premises.  He advised that the Premises Licence Holder and Designated Premises Supervisor had changed since the application had been made and that no link had been found between Ms Santo and the ongoing criminal investigation.  Sergeant Jenkins informed Members that since he had submitted the application and requested that the Premises Licence be revoked, he now believed this would not be appropriate and asked that a number of conditions be placed on the Premises Licence.

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

Councillor Niblock requested that Mr Craig address the Sub-Committee as a witness.  Members sought legal advice regarding this request during a short adjournment.

The meeting reconvened, all parties advised there was no objection to Mr Craig being called as a witness and he therefore addressed the Sub-Committee.

Mr Craig referred to the complaints he had received from local residents and traders and that the main issue was the bi-folding doors at the premises remaining open and patrons of the premises being abusive to passers by.

Councillor Niblock informed Members that there had been issues at the premises regarding public nuisance and that this was exacerbated when the bi-fold doors at the premises were open.  He believed that Ms Santo would run the premises well, however he suggested that conditions be placed upon the Premises Licence in order to reduce the public nuisance, namely that the bi-folding doors remain closed and that smokers use the designated area to the rear of the premises.

Ms Santo reported that she had many years experience within the licensing trade, was well known and respected in the area and had no connection with the offences of illegal abstraction of gas and electricity at the premises.  She advised that she would be content to accept the conditions proposed by Merseyside Police and informed Members there had been no issues whilst the premises had been under her control.  She understood the issues raised by Councillor Niblock and suggested putting a screen in place so that people could not walk out onto the street.  Miss Santo also submitted a petition in support which was considered by Members further to all parties consenting and advised Members that she was willing to work with the local community and Merseyside Police.

Miss Santo responded to questions from Members of the Sub-Committee.

Members gave careful consideration to the application made by Merseyside Police to Review the Premises Licence at Bertha Macs, 16 Bebington Road, New Ferry, and the representations made by Councillor Niblock, Ward Councillor and his witness Mr Craig and the Designated Premises Supervisor and Premises Licence Holder, Miss Santo.

In determining the review application we 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 historically the gas and electricity supplies at the premises had been unlawfully tampered with and breaches of the Premises Licence had occurred.  Members had regard to the concerns of Merseyside Police in respect of the licensing objectives of public safety and crime prevention regarding this, however they also noted that the current Designated Premises Supervisor and Premises Licence Holder had not been involved in this and that she had been at the premises since December 2012.  Members understood that the Police and the Ward Councillor were no longer seeking a revocation of the premises but had requested that a number of conditions be placed on the Premises Licence to deal with the issues of crime and disorder and public nuisance.

Members noted and encouraged the willingness of the Designated Premises Supervisor to work closely with local residents and the Police.

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 conditions of the Premises Licence be modified as follows:

• CCTV installed at the premises must be in accordance with the specification issued by the Licensing Authority.  Tapes and visual images recorded must be retained for a period of 31 days and access to the system must be made available to Licensing Officers and Responsible Authorities on request.

• No persons under the age of 18 shall be permitted in the premises.

• The premises must operate a Challenge 25 Policy and must display the appropriate posters.

• The bi-folding doors must remain closed at all times.

• Customers must use the designated smoking area situated at the rear of the premises.

• The premises must become a member of the Pub Watch Scheme.