The Acting Director of Law, HR and Asset Management reported upon an application that had been received from Maheswaran Krisnapillai to vary a Premises Licence in respect of MNS Food and Wine and News, under the provisions of the Licensing Act 2003.

The variation requested was outlined within the report.

The applicant 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.

Merseyside Police had made a representation to the application as they considered that crime and disorder and public nuisance would increase in the vicinity of the premises should the application be granted.  The representation also referred to the fact that an illegal immigrant had been found working at the premises which led to a review of the premises on 27 January 2012 and that the conditions imposed by the Sub-Committee were not being complied with when the premises were inspected by Police Licensing Officers in July 2012.  Members were informed that the conditions were now being complied with.

Mr Jordan attended the meeting on behalf of the applicant who was not in attendance.

Sergeant P Jenkins, Constables R Jones and P Coley, Merseyside Police, were also in attendance.

The Licensing Manager confirmed that all documentation had been sent and received and that Mr Jordan had submitted some training material which was considered by Members further to the agreement of Merseyside Police.

Sergeant Jenkins advised that he wished to submit some photographic evidence which was also considered by Members with the consent of Mr Jordan.

Mr Jordan addressed the Sub-Committee and advised Members that there were a number of issues he had not been aware of in respect of the premises.  He advised that should the variation be granted, a full training programme would be implemented.  He informed Members that there was no evidence of underage sales or proxy sales at the premises and that no objections had been received from local residents.

Mr Jordan responded to questions from Members of the Sub-Committee.

Sergeant Jenkins referred to the objection he had submitted which highlighted the history of the premises.  He referred to the statement submitted by Inspector Griffiths who had attended the premises after having received anonymous information regarding an incident that took place at the shop involving a member of staff chasing young people with a baseball bat that was kept behind the counter of the premises.  Sergeant Jenkins reported that there had been 117 recorded incidents of anti-social behaviour in the immediate location during the last year and that the area was considered a ‘hotspot’.  Sergeant Jenkins requested that the application regarding the extended hours be refused.

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

Members gave careful consideration to the application to vary the Premises Licence at MNS Food and Wine and News, 105 Royden Road, Upton, and the representations made by Sergeant Jenkins of Merseyside Police and Mr Jordan on behalf of the applicant.  Members noted that the applicant did not attend.

In determining the review application Members 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 considered a written statement from Inspector Griffiths, the Neighbourhood Inspector of Merseyside Police, who had considerable experience working in the local area where the premises were situated.  Members heard evidence that in the expert view of Merseyside Police, the availability of alcohol for the extended hours applied for would result in an increase in crime and disorder and public nuisance and therefore seriously undermine the Licensing Objectives.

In support of the written representation, Members were advised that between 1 January and 31 December 2012, there had been 117 recorded incidents of anti-social behaviour in the immediate location and that the premises were situated in a residential area which was considered a ‘hotspot’ by Merseyside Police.  Inspector Griffiths also had cause to attend the premises on 22 January 2013 when he found a baseball bat behind the counter and which he subsequently removed.

In determining the matter Members also had regard to the fact that the premises had been subject to a review in January 2012.

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 to extend the hours at the premises be refused.

(3)  That the request toremove the non standard timings for Christmas Day and Good Friday be granted.

(4)  That the proposed plan of the premises to increase the licensed area be granted.