The Strategic Director of Regeneration and Environment reported upon an application that had been received from Pebbles (Hoylake) Limited for a Provisional Statement in respect of Pebbles, North Parade, Hoylake, under the provisions of the Licensing Act 2003.

Members were advised that where a premises are being or about to be constructed, extended or otherwise altered for the purpose of being used for one or more licensable activities, a Provisional Statement is required to be submitted.  If a Provisional Statement is granted, the applicant is required to apply for a Premises Licence before the premises can provide licensable activities.

Members were further advised that when a person applies for a Premises Licence in respect of premises for which a Provisional Statement has been made, representations by Responsible Authorities and other persons would be excluded in certain circumstances which were outlined within the report.

The hours requested were 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.

Representations had been received from nine local residents.  Three petitions had also been received signed by 77 local residents who were against the application.  The representations and petitions related to concerns that public nuisance from entertainment coming from the premises would be caused if the application was granted and concerns regarding increased traffic within the vicinity of the premises would also cause a nuisance. 

A representation had also been received from Ward Councillor, John Hale.  The representation supported the concerns expressed by local residents.  Copies of the representations and petition were available.

Mr M Brassey, the applicant’s agent attended the meeting together with Mr G Watson, the Director of Pebbles.  Also in attendance were local residents Mr J McGinley, Mr A Peters, Ms R Morris and Mrs S Boston.

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

Mr Brassey addressed the Sub-Committee and advised Members that the application had been submitted as a result of an ongoing project which had been started eight years previously when the current building had been closed down.  Mr Brassey informed Members that the applicant wished to convert the building into a high class café/bistro and that the premises had received full planning approval including a condition that had been imposed regarding strict opening hours in that the premises would close at dusk between 1 September and 31 March.  Mr Brassey advised that a survey had been undertaken with local residents regarding the Premises Licence and that some residents had concerns regarding noise disturbance and disturbance to wildlife.  He reported that the applicant had experience of running a similar style premises in another area and that the sale of alcohol was needed to make the business viable.  Mr Brassey also informed Members that he was intending to provide live music which would not be amplified for example a school choir or folk singer.  Mr Brassey reported that certain measures would be in place at the premises including an age verification policy, staff training, due diligence, installation of CCTV and no late opening hours.  He also informed Members that there would be no bar area and that drinks would be served at the tables.

Mr Brassey responded to questions from the local residents, Members of the Sub-Committee and Mr D K Abraham, Legal Advisor to the Sub-Committee.

Mr McGinley advised Members that local residents enjoyed a peaceful and quiet neighbourhood and that he had no objections to the premises operating as a café, however, he did object to the premises being allowed to sell alcohol as he had concerns regarding noise and disturbance, public nuisance and increased traffic.

Mr Peters reported that a number of residents of Hoyle Court objected to the application due to their close proximity to the premises and their right to the peaceful enjoyment of their properties.  He also expressed concerns regarding the lack of consultation with residents.

Ms Morris expressed concerns that the alcohol free zone may be ignored and her fears regarding potential drunkenness and loud noise from customers of the premises.  Ms Morris also considered that there were already enough licensed premises in the area.

Mrs Boston informed Members that changes to the environment would be caused should the application be granted and expressed concerns regarding waste storage at the premises and public nuisance caused by noise nuisance.  Mrs Boston questioned the need for another licensed premises in the area.

Mr Brassey responded to questions from local residents.

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 local residents and supported by the ward Councillor which related particularly to noise emanating from the premises when entertainment would be taking place at the premises and concerns regarding the potential for public nuisance and crime and disorder that may be caused by customers attending and leaving the premises.

Members gave particular consideration to the way in which the business would operate as a high class café/bistro and the fact that there were no representations from any of the Responsible Authorities, in particular Merseyside Police and Environmental Health and also that the applicant had advised that a number of conditions would be attached to the Provisional Statement should it be granted, including staff training, CCTV and the implementation of a Challenge 25 Policy.

In determining the application Members noted that the matters raised by residents related to concerns and perceptions, however, there was no direct evidence presented that the licensing objectives would be undermined should the application be granted. 

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 for a Provisional Statement in respect of Pebbles, North Parade, Hoylake, be granted with the following hours:

Sale by Retail of Alcohol for consumption on the Premises

Sunday to Saturday  08:00 to 21:30

Hours Open to the Public

Sunday to Saturday  08:00 to 21:30

Regulated Entertainment

Sunday to Saturday  12:00 to 21:30

(3)  In addition to the conditions proposed, the following conditions will be attached to the Provisional Statement:

• Bottles or glasses must not be disposed of from the premises between the hours of 21:00 and 09:00 so as not to cause a disturbance to residents in the vicinity of the premises.

• Recorded music is not permitted to be played in the outside area of the premises – for clarification, the outside area relates to the decked area.

• The decked area must be secured so as not to allow people to use this area when the premises are closed.

Members also noted that customers will be directed to the decking area to smoke.