The Strategic Director of Regeneration and Environment reported upon an application that had been received from Mr Michael Yates for a Premises Licence in respect of ‘Mr Whites, 60-62 Argyle Street, Birkenhead, 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 highlighted concern that should the application be granted then public nuisance would be caused by music emanating from the premises to their property. Further concerns were also raised about the potential for an increase in disorder within the vicinity of the premises.

The applicant attended the meeting with his proposed bar manager, Mr Eatock.

Local residents, Mr Chapman and Miss Stickler were also in attendance.

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

Mr Yates addressed the Sub-Committee and outlined the application. He advised Members that he wished to operate a bar and grill primarily to serve office workers within the Birkenhead area. Members were informed that the premises would serve food until 8pm and operate as a bar thereafter. It was proposed that a juke box would be installed and that volume would be kept at an ambient level. Members heard that work had been undertaken at the premises to limit noise disturbance to residents including the installation of an acoustic ceiling and insulation of walls. Mr Yates acknowledged that although work had been undertaken to minimise noise disruption, those effects were limited in that all noise travel could not be prevented.

Mr Eatock, proposed bar manager to the premises addressed the Committee and informed Members of his extensive experience in running licensed premises. Members heard how the premises would be staffed. 

Mr Yates responded to questions from Mr Champman, Ms Stickler, Members of the Sub-Committee and Mr D K Abraham, Legal Advisor to the Sub-Committee.

Mr Chapman outlined concerns with the application and spoke of his strong opposition to the granting of the application due to noise disturbance that had already been experienced from the premises. This included voices, music and noise from the refrigeration cooling system. Members heard that Environmental Health had responded to a complaint by the local residents regarding noise travelling from the premises during the time building work was being carried out and that the applicant had been advised in writing by Environmental Health that certain works must not be carried out beyond 6.00pm.

Mr Chapman and Ms Stickler 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 heard from the applicant that he wished to operate a bar and grill primarily to serve the office workers in the Birkenhead area.  Members were further informed how the premises would be staffed to accommodate the provision of food until 8.00pm and operate as a bar thereafter.  The applicant explained how music would be played from a duke box to provide background music and that the volume would only be raised to overcome noise travelling from the Cotton Club on Fridays and Saturdays.

Members were informed that extensive refurbishment had been carried out to the premises and that work had been undertaken to install acoustic insulation to prevent noise escaping through the ceiling to the accommodation above the premises.  It was acknowledged, however, that despite this work, noise could still be heard travelling both from the premises to the residents’ accommodation above and from the residents’ accommodation to the premises.  The applicant also acknowledged that further insulation was required to address noise generated by the refrigeration cooling system, which could be heard in the residents’ property.

Members heard that Environmental Health had responded to a complaint by the local residents regarding noise travelling from the premises during the time building work was being carried out and that the applicant had been advised in writing by Environmental Health that certain works must not be carried out beyond 6.00pm.

Members noted that whilst the applicant had been in business for 15 years, he had no experience in the licence trade. Members were informed, however that one of the managers did have extensive experience in working and managing different licensed premises.

In determining the application Members took into account that the local residents lived immediately above the whole of the premises and that despite noise insulation work having been carried out, noise from the premises could readily be heard within their apartment. This included voices, music and noise from the refrigeration cooling system which they had experienced during the refurbishment of the premises.

In determining the matter, Members had particular regard to paragraph 4.3.5 of their Licensing Policy.  Members considered the measures that had been taken to prevent public nuisance together with the fact that the applicant had acknowledged that further measures were necessary to prevent noise travelling from his premises to the apartment above, also that the measures he could take were limited.

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 Mr Whites, 60-62 Argyle Street, Birkenhead, be granted with the following hours:

Sale of Retail of Alcohol

Sunday to Thursday  11:00 to 23:00

Friday and Saturday  11:00 to 23:30

New Years Eve  11:00 to 03:30

Hours Open to the Public

Sunday to Thursday  11:00 to 23:30

Friday and Saturday  11:00 to 00:00

New Years Eve  11:00 to 04:00

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

·  A Challenge 25 Policy must be implemented. Posters must be displayed relating to this Policy.

·  All employees must complete the following training before being allowed to sell alcohol at the premises:

-  The prevention of the sale of alcohol to persons under the age of 18 years.

-  The Challenge 25 Policy.

-  The responsibility to refuse alcohol to anyone who is drunk.

-  Conflict management

-  Drug awareness

·  Refresher training on all matters identified in condition 2 must be conducted with staff at least every 6 months.

·  Written records of all training undertaken must be kept at the premises and made available to an Authorised Officer upon request.

·  A minimum of two Door Supervisors must be on duty from 22:00 on Friday and Saturday nights.

·  Staff must ensure that any queues or persons gathering outside the premises are managed appropriately so as not to cause public nuisance or lead to disorder.

·  All drinking vessels must be made of toughened glass.

·  No drinking vessels may be taken outside of the premises.