The Strategic Director of Regeneration and Environment reported upon an application that had been received from Mr Markandu Nesarasa for a Premises Licence in respect of the premises located at 43 Woodchurch Road, Birkenhead under the provisions of the Licensing Act 2003.

The hours requested were outlined 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.

Representations had been made from seven local residents and a petition had been signed by 268 local residents. The representations and the petition related to concerns that anti-social behaviour will increase within the vicinity of the premises if this application was granted. Representations also expressed concerns regarding young persons under the age of 18 gaining access to alcohol. Copies of the representations and petition were available.

Representations had been made by Ward Councillors: Brian Kenny, Jean Stapleton and Phil Davies on behalf of local residents.

A representation had been received from the Licensing Authority due to evidence that a premises in which the applicant is currently the Designated Premises Supervisor had been selling alcohol outside its permitted hours. The Licensing Authority had concerns that if a Licence is granted to the applicant at these premises then this may result in further breaches being committed and causing the Licensing Objectives to be undermined. A copy of the representation was available.

A representation had also been received from Merseyside Police relating to current problems in the area relating to street drinkers within the vicinity of the premises. Concerns were raised that the Licensing Objectives will not be upheld if the application was to be granted. A copy of the representation was available.

The Licensing Manager confirmed that all documentation had been sent and received. Members were informed that an additional document had been submitted prior to the hearing by Merseyside Police that had been accepted by the applicant and his legal representative.

Mr Jordan reported that following discussions with the applicant, various conditions had been suggested including:

·  Sale of alcohol to be amended to start from 8am

·  Regular training for all staff on underage sales, proxy sales and selling of alcohol to the intoxicated. Training records should be made available at request to Licensing Officers

·  No beer/ cider or lager to be sold above 6.5% abv.

·  No single cans to be sold

·  CCTV to be installed and available on request

Members heard that the applicant has had 10 years experience working in licensed premises. He currently has control of 5 premises. Mr Jordan reported that here has only been one incident during this time whereby the applicant had been responsible for a breach of licensing conditions at a premises where he is the Designated Premises Supervisor. It was reported that the applicant has since retrained staff and no further breaches have occurred.

Mr Jordan addressed residents concerns relating to the premises in question under previous management and stated how his client cannot be held responsible for previous experiences.

The Applicant and Mr Jordan responded to questions from Andrew Bushell, Sergeant Barrigan and Mr D K Abraham.

Andrew Bushell, Licensing Operations Manager informed the Committee that four complaints had been received in respect of a premises in which the applicant is currently the Designated Premises Supervisor. The complaints related to a premises whereby staff had been operating outside the licensing hours. Members heard how the applicant received a caution in respect of the offence committed. Members heard that it is the view of the Licensing Authority that granting this licence would undermine Licensing Objectives particularly relating to the prevention of crime and disorder.

Sergeant Barrigan addressed the Sub-Committee and reported that the premises is located in close proximity to an area known for high levels of street drinking and anti-social behaviour. Statistics were produced detailing high levels of violent crime in the vicinity of the premises and Members heard how the opening of another licensed premises could exacerbate the situation and increase levels of crime and disorder.

Members heard how it was Merseyside Polices’s contention that the applicant does not fully understand the principals of the Licensing Objectives and that this was particularly relevant as the premises is located in the high risk area in respect of alcohol related anti social behaviour.

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

Councillor Brian Kenny addressed the Sub- Committee on behalf of his ward colleagues and local residents. He expressed concerns with high levels of anti-social behaviour in the area. It was reported that there are currently several ongoing projects in the Birkenhead area which aim to alleviate these problems. He stated that how opening a further licensed premises could prove to be counterproductive to positive work. The Committee were urged, by Councillor Kenny to refuse this application.

Mr Pritchard, local resident also reported upon high levels of crime and disorder in the area. He stated that at present there are 25 establishments in the vicinity that sell alcohol and that a further premises selling alcohol in this area would exacerbate the problem.

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 had regard to the representations made by the applicant, Merseyside Police, The Licensing Authority, Ward Councillors as well as those made by local residents and the petition submitted relating to concerns with anti-social behaviour.

Members considered the representations made by the Licensing Authority relating to the prevention of crime and disorder licensing objective being undermined. Members also considered representations made by Merseyside Police regarding current problems with street drinking and high levels of crime and disorder in the area.

With regard to the steps proposed by the applicant and his representative, Members did not consider these would be fully effective in upholding the Licensing Objectives in relation to the prevention of crime and disorder the prevention of public nuisance and the protection of children from harm. Members therefore resolved that it was proportionate and appropriate to refuse the application for a Premises Licence in respect of 43 Woodchurch Road, Birkenhead.

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 in respect of 43 Woodchurch Road, Birkenhead be refused.