The Strategic Director of Regeneration and Environment reported upon an application that had been received from Birkenhead School for a Premises Licence in respect of Birkenhead School, 58 Beresford Road, Oxton, under the provisions of the Licensing Act 2003.

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 seven local residents.  The representations related to noise nuisance caused by persons leaving the premises at a late hour at times when functions had taken place at the premises under Temporary Event Notices.  Copies of the representations were available. 

Mr K Watson, Catering Manager and Mr M Turner, Bursar, attended the meeting.  Also in attendance were Mr J Lyons, Mr R and Mrs C Hurst and Mr W and Mrs I Meldrum, local residents.

The Licensing Manager confirmed that all documentation had been sent and received.  Mr Turner, Mr Lyons and Mrs Hurst made a request to submit additional documentation.  All parties agreed that this would be considered at the appropriate time.

Mr Turner outlined the application.  He explained that there was no intention for events to be any different than previous events and that he was fully in support of the licensing objectives being upheld.  He reported that he was also a local resident in Kingsmead Road South.  Mr Turner advised Members that the events were held across a number of venues at the premises and agreed that no event would continue beyond midnight.  He also advised that he had withdrawn the request for Non Standard Timings that had originally been applied for.  Mr Turner had not been aware of any noise emanating from the premises during events, however, he agreed that noise should be retained within the grounds of the premises.  Mr Turner advised Members that the events were held for the benefit of pupils and parents and requested that the application be granted in order that the number of events would not be restricted in the future.

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

Mrs Meldrum expressed her concerns regarding parking issues in the area and people being denied access to their driveways and reported that the York stone on the pavement needed protecting.  Mrs Meldrum was concerned that the premises may hold events every evening and advised that the noise emanating from the premises when entertainment took place was untenable at times.

Mrs Hurst advised Members that she had concerns regarding noise nuisance caused by car engines and doors banging, raised voices and music late at night and that residents experienced difficulties with traffic and people parking over driveways.

Mr Lyons expressed concerns regarding parking problems in the area and also had concerns that should the application be granted there was the potential for events to be held every evening and the potential for anti social behaviour from people leaving the premises and noise nuisance late at night.

Mr Turner 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 the applicant and noted that the applicant no longer wished to pursue the request for Non Standard Timings.

Members also heard representations from local residents regarding public nuisance namely music emanating from the premises, inconsiderate parking in the vicinity of the premises and disturbance caused by customers leaving functions held at the premises under Temporary Events Notices.

Members considered the representations from residents that should the application be granted, this could create further disturbances more frequently than was already being caused by people attending and leaving the premises and noted the concerns in respect of doors and windows being left open and people smoking at the rear of Bushell Hall.

Members had regard to the fact that there were no representations from any of the Responsible Authorities, in particular Merseyside Police or Environmental Health.

Members considered the issues regarding parking were principally a matter to be dealt with through Traffic Enforcement legislation.

Members had regard to paragraph 9 of the Guidance which directed them to determine matters based on an assessment of evidence on both the risks and benefits either for or against making a determination whether to grant a Premises Licence.

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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 for a Premises Licence in respect of Birkenhead School, 58 Beresford Road, Birkenhead, be granted with the following hours:

  Sale by Retail of Alcohol

  Monday to Saturday  18:00 to 23:30

  Hours Open to the Public

  Monday to Saturday  18:00 to 00:00

  Sunday  18:00 to 21:00

  Regulated Entertainment (Performance of Plays)

  Monday to Saturday  18:00 to 22:00

  Regulated Entertainment (Live Music and Recorded Music)

  Monday to Saturday  18:00 to 23:00

  Late Night Refreshment

  Monday to Saturday  23:00 to 00:00

(3) That the following conditions be attached to the Premises Licence:

• All external doors and windows must be kept closed within the venue where regulated entertainment is being provided except in the event of an emergency and access to or egress from the premises.

• The Licence holder or his representative must conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and must take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.  A written record must be made of those assessments in a log book kept for that purpose and must include, the time and date of the checks, the person making them and the results including any remedial action.  Records of these assessments must be maintained and made available to an Authorised Officer on request.

• There must be dedicated Marshalls in place to direct traffic prior to the start of functions at the premises and for 20 minutes after the function has commenced.  Marshalls must also be in place to direct traffic at the end of the function.  Marshalls must be easily identifiable wearing fluorescent tabards.  

• Those attending functions must be advised of the restrictions of parking within the vicinity of the school and to adhere to parking arrangements at the school.

• Individuals who wish to smoke must be directed to use the designated smoking area.

Members encouraged the applicant to advise residents when events would be terminated at midnight and provide a contact number to local residents should any problems arise during events.