The Acting Director of Law, HR and Asset Management reported upon an application that had been received from Rontec Watford Limited to vary a Premises Licence in respect of Hoylake Service Station, 48 Birkenhead Road, Hoylake, 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.

Five local residents who were against the application had submitted representations which related to concerns that anti-social behaviour may increase within the vicinity of the premises if the variation was granted.  Local residents had concerns relating to noise late at night which had been expressed through a petition signed by 122 local residents.  Copies of the representation and petition were available.

A representation had been received in support of the application from a local resident who considered that the licensing objectives would not be undermined should the application be granted.

Mr Lowe from Rontec Limited attended the meeting together with his legal representative Mr Botkai.

Councillor Hale, Ward Councillor was also in attendance.

The Licensing Manager confirmed that all documentation had been sent and received and that authorisation had been given by a local resident for Councillor Hale to speak on their behalf.

The Licensing Manager also confirmed that there was an existing planning restriction on the premises.

Mr Botkai addressed the Sub-Committee and advised Members that the company had applied to vary the licence in order that the premises may provide hot drinks and also to provide alcohol at all times.  He advised Members that the application was in line with Section 182 of the Home Office Guidance and the Council’s Statement of Licensing Policy.  He informed Members that the store had sold alcohol for a number of years and no complaints had been received.  He pointed out that no representations had been received from any of the Responsible Authorities and that the representations that had been received were based on fear of what may happen as there was no evidence that the premises had compromised the licensing objectives of crime and disorder or public nuisance.  He proposed that residents could contact himself or the company should any problems arise in the future.

Mr Botkai responded to questions from Members of the Sub-Committee and Councillor Hale.  He was asked why a request had been made to remove the condition listed in Annexe 3 of the Premises Licence, however, he responded that he would be content for this condition to remain on the Licence.

Councillor Hale expressed his concerns regarding noise nuisance late at night.  He explained that there was no public transport available in the vicinity after 11.30 pm which resulted in patrons of local bars causing noise disturbance when walking home.  He advised that the premises were situated in a primarily residential area and believed the problems of noise nuisance would be exacerbated should the application be granted.  He believed the application was inappropriate and requested that it be refused.

Councillor Hale 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 of the Licensing Act 2003 Sub-Committee gave consideration to representations made by Councillor Hale, Ward Councillor, who spoke on behalf of a petitioner with regard to the potential for noise and disturbance occurring throughout the night should the application to vary be granted.

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 gave consideration to how the premises would be managed and noted that the application to remove the condition within Annexe 3 of the Premises Licence had now been withdrawn.

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

Members encouraged liaison between the Ward Councillors, residents and the applicant.

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 Hoylake Service Station, 48 Birkenhead Road, Hoylake, be varied as follows:

Sale by Retail of Alcohol

Sunday to Saturday  24 Hours

Hours Open to the Public

Sunday to Saturday  24 Hours

Late Night Refreshment

Sunday to Saturday  23:00 to 05:00

(3)  That the request to remove the conditions within Annexe 2 in light of the conditions detailed within the Operating Schedule be agreed.