The Strategic Director of Regeneration and Environment reported upon an application that had been received from Rontec Watford Limited to vary a Premises Licence in respect of Bebington Service Station, Kings Road, Higher Bebington, under the provisions of the Licensing Act 2003.

The variation requested was 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.

A representation had been received from Merseyside Police who advised that should the application be granted this would lead to an increase in alcohol related anti-social behaviour.  A copy of the representation was available.

Mr Lowe from Rontec Limited attended the meeting together with his legal representative Mr Botkai.

Sergeant Barrigan and Constable Jones were also in attendance.

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

Mr Botkai addressed the Sub-Committee and advised Members that the opening hours requested were from 06:00 am until 12:00 midnight and not 24 hours and that he was content for this to be reflected in the hours of operation of the premises.  He informed Members that the application had been submitted in order that the hours permitted to sell alcohol at the premises would match the opening hours.  Mr Botkai referred to the Statutory Guidance which stated that this should generally be permitted unless there was good reason for it to be restricted.  He also referred to paragraph 8.4 of the Council’s Licensing Policy which was in line with the Statutory Guidance.  Mr Botkai stated that no representations had been received from Trading Standards, Environmental Health, local residents or businesses in the area.  He referred to the representations provided by Merseyside Police, however, he submitted that the representations were not directly linked to the premises but referred to the area in general.  He advised Members that Rontec were responsible retailers who operated a Challenge 25 Policy and undertook staff training.  Mr Botkai believed there was no evidence that the application would be contrary to the licensing objectives and requested that the application to vary the Premises Licence be granted.

Mr Botkai responded to questions from Members of the Sub-Committee and Sergeant Barrigan.

Sergeant Barrigan advised that Merseyside Police had made representations against the application as they believed that the increase in availability of alcohol could lead to an increase in alcohol related anti social behaviour which would undermine the licensing objective of the prevention of crime and disorder.  Sergeant Barrigan reported that the police beat in which the premises were located was a hotspot for alcohol related anti social behaviour involving adults and young people.  He expressed concern regarding the extra hour that alcohol would be available compared to other premises in the vicinity and requested that the application to vary the Premises Licence in respect of these premises be refused.

Sergeant Barrigan responded to questions from Members of the Sub-Committee and Mr D K Abraham.

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 Mr Botkai on behalf of the applicant, Rontec Watford Limited.

Members noted that the applicant was no longer pursuing the variation to increase the opening hours of the premises to 24 hours.

Members had regard to the representations of Sergeant Barrigan from Merseyside Police regarding his concerns that the licensing objectives would be undermined should the application to vary be granted.

Members had regard to the fact that there were no representations from any

of the other Responsible Authorities, local residents or Ward Councillors.

Members noted that the evidence provided by Merseyside Police related to a Police beat area within which the premises was located and that no evidence had been provided that there had been any underage sales at the premises or incidents of anti social behaviour directly linked to the premises or that the store was a focus of crime and disorder.

In determining the matter Members had regard to the lack of direct evidence that the licensing objectives would be undermined should the application for a variation of the Premises Licence be granted.

Members had particular regard to the Statutory Guidance and the Council’s Licensing Policy in respect of premises being allowed to supply alcohol during normal trading hours unless there was good evidence not to.

Members gave consideration to the proposed variation to the conditions attached to the Licence set out in the operating schedule and how the premies would be operated in line with the new conditions.

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 a Premises Licence in respect of Bebington Service Station, Kings Road, Higher Bebington be granted with the following hours:

Sale by Retail of Alcohol

Sunday to Saturday  06:00 to 00:00

Hours Open to the Public

Sunday to Saturday  06:00 to 00:00

Late Night Refreshment

Sunday to Saturday  23:00 to 00:00

(3)  That the request to remove the conditions within Annexe 2 and replace them with the conditions proposed within the variation application be agreed.