The Strategic Director of Regeneration and Environment reported upon an application that had been received from Mr Neil McDonnell for the grant of a premises licence in respect of The Moby Dick, 1 Village Road, West Kirby under the provisions of the Licensing Act 2003.

The application for the grant of a new Premises Licence was set out in 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.

Eight representations had been received from local residents relating to noise nuisance caused by customers at a late hour. Concerns were also raised regarding the use of the outside area with the potential of noise being caused by customers. A representation had also been received from Ward Councillor, Geoffrey Watt. A copy of the representations were available.

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

Mr Neil McDonnell, Premises Licence Holder attended the meeting together with his legal representative Mr Andrew Bartley.

Local residents; Mr Robinson, Ms Booth and Mr and Mrs Gorrod attended the meeting along with Geoffrey Watt, Ward Councillor

The Licensing Manager confirmed that all documentation had been sent and received.

Mr Bartley addressed the Sub-Committee on behalf of his client. He informed Members about the family nature of the business and their policy of adults only being able to access the Childrens garden if they are supervising children. Members were informed that the applicant is seeking a licence for the supply of alcohol on and off the premises, performance of recorded music and late night refreshment. Mr Bartley advised that the premises is a themed restaurant and all tables are waitress service only in order to preserve the family nature. Members were also made aware of the planning restrictions currently in place in respect of the premises.

Mr Bartley and Mr McDonnell responded to questions from Members of the Sub-Committee, Mr K Abraham, Legal Advisor to the Sub-Committee, Councillor Watt and local residents.

Mr and Mrs Gorrod, local residents addressed the Committee. They explained to Members their close proximity to the premises and raised concerns about the levels of noise created from the children’s garden.

Councillor Geoffrey Watt addressed the meeting on behalf of local residents who had come to him to express their concerns about the levels of noise. He stated that if this application were to be approved it has potential for large disturbance to neighbours.

Mr Robinson, local resident addressed the committee and conveyed his concerns about the potential for disturbance to local residents and had concerns about customers parking on neighbouring streets on occasions when the car park is full.

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 local residents and a Ward Councillor regarding concerns in respect of public nuisance emanating from the premises and the outside area.  Members considered evidence from residents that should the application be granted as applied for, this could create disturbance, in particular in respect of the use of the outside area.

Members noted the proposed way in which premises would be managed and had regard to the applicants wish to preserve the premises as a family orientated establishment, with its focus mainly being on food.

Members had regard to the location of this particular premises, which is situated in a residential area. In determining the matter Members balanced carefully the duty to promote the Licensing Objectives, in particular, the prevention of public nuisance with the applicant’s intention to provide customers with a family orientated experience at the premises.

Members also 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 licence be granted as follows;

Sale by Retail of Alcohol

  Sunday to Thursday  10:00 to 23:30

Friday and Saturday10:00 to 00:00

Hours Open to the Public

  Sunday to Thursday  09:00 to 00:00

Friday and Saturday09:00 to 00:30

Regulated Entertainment (Recorded Music)

  Sunday to Thursday  10:00 to 23:00

Friday and Saturday10:00 to 23:30

Late Night Refreshment

  Sunday to Thursday  23:00 to 23:30

Friday and Saturday23:00 to 00:00

(3) The Licensing Act 2003 Sub-Committee determined that in addition to the appropriate conditions proposed in the operating schedule the following conditions be applied to the licence:

1. The Terraced area, south west of the premises, (to the rear of the premises) must be cleared of customers by 22:30.The Terraced area, south of the premises, (to the side of the premises) must be cleared of customers by 23:00. The speakers located within this terraced area must be switched off by 22:30.

2. Adults are not to be allowed to be in the Children’s Magic Garden unless they are supervising children.  Notices must be displayed in respect of this.

3.The Children’s Magic Garden must be a no smoking area.  Notices must be displayed in respect of this.

4. Drinking vessels must not be taken beyond the licensed area.

5. Bottles or broken glasses must not be disposed of between the hours of 9:00pm and 9:00am so as not to cause a disturbance to residents in the vicinity of the premises.