The Strategic Director of Regeneration and Environment reported upon an application that had been received from Sutharmika Sivagnamoorthy for a Premises Licence in respect of Newsmag, 13-15 Albert Road, Hoylake, 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 two local residents.  The representations related to noise nuisance and anti-social behaviour which was currently a problem within the vicinity of the premises.  The representation also related to noise nuisance currently being caused by the day to day operation of the premises.  Copies of the representations were available.

The applicant attended the meeting with his representative, Mr Jordan.

A local resident, Mrs Tucker, was also in attendance.

The Licensing Manager confirmed that all documentation had been sent and received and that another local resident who had made a representation was unable to attend due to extenuating circumstances.

Mrs Tucker requested permission to submit a plan of her premises and Mr Jordan requested that a training programme be taken into consideration.  These documents were therefore accepted and considered by Members.

Mr Jordan addressed the Sub-Committee and outlined the application.  He advised Members that the application was for off sales only and that the Designated Premises Supervisor would deliver a comprehensive training programme to staff which he believed would uphold the licensing objectives.  He referred to the representations made by local residents and offered to meet with them to discuss any problems should the application be granted.  Mr Jordan referred to the issues raised within the representations and informed Members that the issues were not related to alcohol sales and that the applicant had no intentions of causing any further issues for local residents.

Mr Jordan, responded to questions from Mrs Tucker, Members of the Sub-Committee and Mr D K Abraham, Legal Advisor to the Sub-Committee.

In response to questions, Mr Jordan explained that the applicant had successfully run a licensed premises in Moreton for two years.  Mr Jordan also confirmed that alcohol would only be stored in the storage room which had no outside access.

Mrs Tucker outlined the concerns and issues she had experienced whilst living above the premises.  She provided dates when she had been disturbed late at night by builders who had been refurbishing the premises and the measures she had taken to have her own premises soundproofed.  She informed Members that it was acceptable that the premises opened early, however, did not find it acceptable for the premises to open until 11 pm.  Mrs Tucker advised the Sub-Committee that noise could be heard in her accommodation during the hours that the premises were open.  Mrs Tucker suggested that an acceptable time for the premises to close would be 8 pm.  She requested that Members consider the application carefully in light of the number of licensed premises already situated in the vicinity and the proximity of the premises to residential properties.

Mrs Tucker responded to questions from the applicant, 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 the applicant and had regard to the representations made by local residents.

Members also gave consideration to the measures proposed by the applicant that would be put in place to ensure that the licensing objectives would be upheld and ensure that alcohol would not be sold to young persons under the age of 18.

Members heard evidence from Mrs Tucker that she currently experienced public nuisance from the premises.  Mrs Tucker gave examples of incidents relating to the nuisance that she had been caused since the applicant had occupied the premises including the siting of an air conditioning unit which had caused her to complain to Environmental Health who had instructed the applicant to relocate the unit.

Members heard how noise from the shop travelled up to the two residential properties above the premises and how residents had sought to mitigate this nuisance.

Members heard from the applicant that he wanted to increase his business and that he considered this would be achieved through being able to sell alcohol from the premises.  The applicant indicated that it was unlikely the premises would open later if the Licence was not granted.  Members also heard that there was a possibility the premises would no longer operate if a Licence was not granted.

Mrs Tucker advised Members that whilst the premises did create a public nuisance to both her and her neighbour, she would be willing to tolerate this until 8.00 pm.

In determining the matter Members have also taken 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 Newsmag, 13-15 Albert Road, Hoylake, be granted with the following hours:

Sale by Retail of Alcohol

Sunday to Saturday  08:00 to 20:00

Hours Open to the Public

Sunday to Sunday  06:00 to 20:00

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

• Between the hours of 08:00 and 20:00 there must be 2 members of staff on duty.
• Alcohol must be stored securely in the store room that can be locked and is not accessible from the outside.
• All employees must complete training on the following before being allowed to sell alcohol in the shop:  the prevention of the sale of alcohol to persons under the age of 18 years, proxy sales,  the responsibility to refuse alcohol to anyone who is drunk as well not selling alcohol  to known street drinkers. Refresher training must be conducted with staff at least every 14 weeks. Written records of this training must be kept at the premises and made available to an Authorised Officer upon request.