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 Seven Acres Service Station, Pensby Road, Thingwall, 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.

Twelve 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.  Concerns had also been raised regarding youths having access to alchohol which residents considered was currently a problem at these premises.  Two petitions had also been received signed by 150 local residents.  Copies of the representation and petition were available.

Representations had also been received from Ward Councillors Mike Sullivan and Mark Johnston who supported the representations received from local residents.  Copies of the representations were available.

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

Councillor Johnston, Ward Councillor was also in attendance together with Ms Jackson and Ms Swindles, local residents.

The Licensing Manager confirmed that all documentation had been sent and received and advised that the application had been amended since it had been submitted and that the application to vary the Premises Licence was for the following hours:

Sale by Retail of Alcohol

Sunday to Saturday  06:00 to 12 midnight

Hours Open to the Public

Sunday to Saturday  24 Hours (unchanged)

Late Night Refreshment

Sunday to Saturday  23:00 to 12 midnight

Mr Botkai addressed the Sub-Committee and explained that the application to vary the Premises Licence was now for an extra hour for the sale of alcohol and to extend the late night refreshment from 11.00 pm to 12 midnight.  Mr Botkai advised that he was aware of the planning restrictions on the premises and that a planning application was pending to extend the hours that the premises were open until midnight.  Mr Botkai referred to the Council’s Statement of Licensing Policy and pointed out that no representations had been received from any of the Responsible Authorities including Merseyside Police.  He considered that the concerns raised by local residents were in respect of the premises opening 24 hours but that the hours requested had since been considerably reduced.  He considered that representations were often based on fear of what may happen as there was no evidence that the sale of alcohol at the premises would result in an increase of drink drivers.  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 Johnston.

Councillor Johnston expressed his concerns regarding the licensing objectives of crime and disorder and public safety.  He informed Members that most of the evidence gathered in objecting to the application was based on the hours applied for originally, however, he believed there was strong evidence which linked alcohol sales to anti-social behaviour.  He advised that the area was a hotspot for the congregation of youths.  He also advised that there was no night time economy in the area beyond 11.00 pm and that the premises was situated in a residential area. 

Councillor Johnston responded to questions from Members of the Sub-Committee.

Ms Swindles expressed concern regarding the noise levels in the area and feared that people may congregate and drink alcohol in the vicinity of the premises.  She also expressed concern regarding the elderly residents in the area.

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 considered the written and oral representations made by Mr Botkai who represented Rontec Watford Limited and noted that the application had now been amended.

Members considered the representations of the Ward Councillor, Councillor Johnston as well as oral representations from Ms Swindles on behalf of local residents, who maintained their objections to the amended application.

Members had regard to the fact that there were no representations from any of the Responsible Authorities.  Members were advised that the area had been identified as a hotspot by Merseyside Police for crime and disorder but noted that that there were no specific representations by Merseyside Police in respect of the original application.

In determining the matter Members had regard to the lack of direct evidence in respect of the premises that the licensing objectives would be undermined should the amended application for a variation of the Premises Licence be granted.  In particular Members noted that the premises were well managed and that Councillor Johnston confirmed that there were no issues at the premises regarding underage sales.

Members encouraged liaison between the Ward Councillors, residents and the applicant regarding any issues that should arise and suggested that the applicant provide a contact number for Ward Councillors to assist.

Members also took into account Section 11 of the Guidance in respect of the review mechanism provided by the Licensing Act 2003 when problems associated with the Licensing Objectives occur after the grant of a Premises Licence.

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 Seven Acres Service Station, Pensby Road, Thingwall, be varied as follows:

Sale by Retail of Alcohol

Sunday to Saturday  06:00 to 12 midnight

Hours Open to the Public

Sunday to Saturday  24 Hours

Late Night Refreshment

Sunday to Saturday  23:00 to 12 midnight

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