The Strategic Director of Regeneration and Environment reported upon an application that had been received from Mr Gary Laycock to vary a Premises Licence in respect of The Boot, 55 Wallasey Road, Wallasey, under the provisions of the Licensing Act 2003.

The variation requested was outlined within the report.

The applicants 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.

In respect of the application, a representation had been received from Central Liscard Residents Association together with a petition signed by 53 local residents. Representations were also made by Ward Councillors, Bernie Mooney and Jeanette Williamson. Copies of the representations were available.

No representations had been received from any of the Responsible Authorities.

Mr Gary Laycock, Premises Licence Holder attended the meeting together with Ms Sarah Williams, Designated Premises Supervisor.

Mr David Hale, Mrs Pauline Hale and Mr George Sampson (Representatives from CLARA) were in attendance together with local resident, Mr Jones and Councillor Jeanette Williamson, representing her Ward.

The Licensing Manager confirmed that all documentation had been sent and received and Mr and Mrs Williams had submitted written representations in which they had requested be read out on their behalf as they were unable to attend the meeting due to work commitments. The Chair agreed to hear their submissions at an appropriate part of the hearing.

Mr Laycock addressed the Sub-committee and informed Members about his varied experience in running licensed premises. He advised the Committee that he is applying for extended hours in order to seek parity with other premises in the area who have extended hours and explained that his customers had been leaving his establishment to visit bars that were open later, thus affecting his business and causing noise disturbance in the area. Mr Laycock applicant informed the Committee that he was seeking to vary the condition on the beer garden in order to prevent customers from smoking at the front of the premises, therefore reducing noise.

Mr Laycock responded to questions from Members of the Sub-Committee, Mr K Abraham, Legal Advisor to the Sub-Committee, members of CLARA, a local resident and a Ward Councillor

Margaret O’Donnell, Licensing Manager, read out further representations on behalf of local residents, Mr and Mrs Williams, who were unable to attend. Representations were with regard to noise created by customers leaving the premises and associated littering.

Councillor Jeanette Williamson, Ward Councillor addressed the meeting on behalf of local residents. She stated that the area is largely residential and urged the Committee to have regard to the close proximity of neighbours who are required to get up early for work.

Mr David Hale made representations on behalf of CLARA. He raised concerns particularly about the noise emanating from the premises and also advised that some residents are currently on the edge of what they can cope with.

Mr Sampson addressed the Committee as secretary of CLARA and also as a local resident. He explained that there had been damages to cars in the local area caused by customers when leaving surrounding bars. He stated that if the establishment was to be granted extended hours the residents would suffer as a result.

Mr Jones addressed the Committee on behalf of his daughter, who had submitted written representations. He stated that he had monitored the premises closely and listed incidents of drunk and disorderly behaviour. He also reported drug activity in the alley way at the rear of the premises. He informed the Sub Committee that customers smoking at the front of the premises are often intimidating to people walking past.

Mr Hale and Mr Jones responded to questions from Mr Laycock, Mr Abraham and 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 considered the representations from local residents and Ward Councillors regarding public nuisance emanating from the premises and caused by customers leaving the premises at a late hour.

Members considered evidence from residents that should the application be granted, this could create further disturbances at a later hour than was already being caused by customers leaving and congregating outside the premises.

Members considered that the Licensing Objective in respect of the Prevention of Public Nuisance would be undermined should the application be granted in its entirety. Members noted the evidence from local residents in respect of the fire doors to the side of the premises being left open which caused noise disturbance and also the concerns expressed in respect of people smoking at the front of the premises.

Members noted that whilst the applicant sought to provide consumers with greater choice and flexibility, it was also an important consideration that this be balanced carefully against the duty to promote the licensing objectives, in particular, the prevention of public nuisance. Members had regard to the location of this particular premises which is situated in a residential area.

Members had regard to the fact that there were no representations from any of the Responsible Authorities. 

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:

1. That the hours be amended as follows:

Sale by Retail of Alcohol

Sunday to Wednesday  10:00 to 23:30 (unchanged)

Thursday  08:00 to 23:30 (unchanged)

Friday and Saturday08:00 to 01:00

Hours Open to the Public

Sunday to Wednesday  10:00 to 00:00 (unchanged)

Thursday  08:00 to 00:00 (unchanged)

Friday and Saturday08:00 to 01:30 (unchanged)

Regulated Entertainment (Recorded Music, Performance of a Play, Exhibition of films and Indoor Sporting Events)

Sunday to Wednesday  10:00 to 23:30 (unchanged)

Thursday  08:00 to 23:30 (unchanged)

Friday and Saturday08:00 to 01:00

Regulated Entertainment (Live Music)

Sunday to Wednesday  12:00 to 23:30 (unchanged)

Thursday  12:00 to 23:30 (unchanged)

Friday and Saturday12:00 to 01:00

Late Night Refreshment

Sunday to Thursday  23:00 to 00:00 (unchanged)

Friday and Saturday23:00 to 01:00 (unchanged)

Non-Standard Timings

The following non-standard timings have also been granted:

The above Licensable Activities and Hours Open to the Public are permitted from 08:00 on New Years Eve until 08:00 on New Years Day. (unchanged)

  Sale by Retail of Alcohol

10:00 to 01:00 on Friday and Saturday of Bank Holiday Weekends (unchanged) and any day preceding a Bank Holiday (excluding Christmas Day)

10:00 to 02:00 on Christmas Eve and Boxing Day

Live Music

08:00 to 01:00 on Friday and Saturday of Bank Holiday Weekends (unchanged)

12:00 to 00:30 on any day preceding a Bank Holiday (excluding Christmas Day)

Recorded Music

08:00 to 01:00 on Friday and Saturday of Bank Holiday Weekends (unchanged)

12:00 to 01:00 on any day preceding a bank holiday (excluding Christmas Day)

10:00 to 02:00 on Christmas Eve and Boxing Day

Performance of a Play, Exhibition of films and Indoor Sporting Events

08:00 to 01:00 on Friday and Saturday of Bank Holiday Weekends, Christmas Eve and Boxing Day (unchanged)

Late Night Refreshment

23:00 to 01:00 on Friday and Saturday of Bank Holiday Weekends, Christmas Eve and Boxing Day (unchanged)

Hours Open to the Public

08:00 to 02:00 on Friday and Saturday of Bank Holiday Weekends (unchanged)

10:00 to 01:30 on any day preceding a Bank Holiday (excluding Christmas Day)

10:00 to 02:30 on Christmas Eve and Boxing Day

2. A buzzer warning light is to be affixed to the fire door to the side of the premises to alert staff that the door has been opened.

3. The condition to clear the beer garden by 9pm is to be removed and replaced with the following condition- That there must be no consumption of food or drinks in the beer garden after 10pm.

4. Non standard timings applied for be granted.