The Strategic Director of Regeneration and Environment reported upon an application that had been received from Marston’s plc to vary a Premises Licence in respect of The Royal Oak, 39 Liscard Village, Liscard, under the provisions of the Licensing Act 2003.

The variation requested was outlined within the report.

Members were advised that in accordance with The Live Music Act 2012, Live Music was no longer considered as the provision of regulated entertainment at a premises open for the supply of alcohol if it takes place between 08:00 and 23:00, the Live Music is unamplified or the Live Music is amplified and takes place in the presence of an audience of no more than 200 persons.

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.

A representation had been received from Central Liscard Residents Association.  The representation related to a history of anti-social behaviour associated with these premises and the belief that this would increase should the application be granted which would result in the Licensing Objectives of Crime and Disorder and Public Nuisance being undermined.

Representations had also been received from Ward Councillors, Janette Williamson and Bernie Mooney.  The representations supported the concerns expressed by Central Liscard Residents Association.  Copies of the representations were available.

Mr P Murphy, Area Manager, attended the meeting together with Mr P Roberts, Marston’s plc and Ms P Thomas, Designated Premises Supervisor. 

The Licensing Manager confirmed that all documentation had been sent and received and that Mr Hale, Chair of Central Liscard Residents Association was unable to attend the meeting.

Mr P Robson addressed the Sub-Committee and explained that the premises currently operated as a public house until midnight but that customers were leaving early to attend neighbouring premises which held later licences at weekends.  He believed that there was a demand from local residents for later hours and listed a number of other premises in the area which had operated later hours at the weekend.  Mr Robson advised Members that the application contained a request for late night refreshment in order that the premises may be able to provide a cup of tea or coffee.  Mr Robson informed Members that the Designated Premises Supervisor had a great deal of experience within the trade and that there had been no problems since she had taken over the premises in 2010.  He also reported that the premises had traded with late hours without any issues under the use of Temporary Event Notices.  Mr Robson pointed out that no representations had been made by any of the responsible authorities and that the objections made by other parties were based on fear of what may happen without any real evidence.  He also encouraged residents to contact the Designated Premises Supervisor should they have any concerns and requested that the application be granted.

Mr Marston and Ms Thomas 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 considered the representations made by the applicant and also had regard to the representations made by David Hale, Chair of Central Liscard Area Residents Association and Ward Councillors, Bernadette Mooney and Janette Williamson.

In considering the representations, Members had regard to the fact that there was no direct evidence provided that the premises were currently operating in a way that undermined the licensing objectives.  Members had regard to the fact that whilst there was reference to a disproportionate amount of anti social behaviour in one of the written representations, there was no evidence provided in respect of this or indeed any evidence to connect these premises with anti social behaviour.  Members further considered that this was supported by the lack of representations from any of the Responsible Authorities, in particular Merseyside Police.

Members noted the reference within one of the representations relating to employment and economic needs, however, did not take these into consideration in determining this application as they were not relevant considerations for the Sub-Committee.

In determining the application Members took into consideration the good record of the present management of the premises which was evidenced through the lack of complaints reported to any of the Responsible Authorities.

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.

In light of the above we have resolved to grant the application to vary the Premises Licence in respect of The Royal Oak, 39 Liscard Village, Wallasey as applied for.

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 vary the Premises Licence in respect of The Royal Oak, 39 Liscard Village, Liscard be approved with the following hours:

  Sale by Retail of Alcohol

  Monday to Thursday  10:00 to 00:00

Friday and Saturday   10:00 to 01:00

  Sunday  11:00 to 00:00

  Hours Open to the Public

  Monday to Thursday  10:00 to 00:30

  Friday and Saturday  10:00 to 01:30

  Sunday  11:00 to 00:30

      Regulated Entertainment

  Monday to Thursday  10:00 to 00:00

  Friday and Saturday  10:00 to 01:00

  Sunday  11:00 to 00:00

  Late Night Refreshment

  Sunday to Thursday  23:00 to 00:00

  Friday and Saturday  23:00 to 01:00