The Strategic Director of Regeneration and Environment reported upon an application that had been received from Longacres Filling Station for a Premises Licence in respect of Pensby Filling Station, Pensby Road, Pensby under the provisions of the Licensing Act 2003.

The hours requested were outlined within the report and it was reported that the applicant had agreed to reduce the original hours applied for subsequent to discussions with Merseyside Police.

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.  Members were also advised that the applicant had agreed to a number of conditions being included in the Operations Schedule should the Premises Licence be granted.

Representations had been received from five local residents.  A petition containing 75 signatures had also been received.  The representations related to concerns regarding the impact of another licensed premises in Pensby Road.  Residents had stated that they currently experienced anti-social behaviour linked to alcohol within the vicinity of these premises.  Copies of the representations and petition were available.

The Operations Manager of Longacres attended the meeting with his representative, Ms Sherratt.

A local resident was also in attendance together with Councillor L Reecejones, Ward Councillor.

The Licensing Manager confirmed that all documentation had been sent and received and that one household of two residents had indicated they were unable to attend the meeting.

Ms Sherratt queried the relevance of the petition as no reference to the licensing objectives had been made.  She therefore requested that Members dismiss the petition.  Ms Sherratt also raised objections to Councillor L Reecejones speaking on behalf of residents.

Councillor L Reecejones confirmed that in light of the objections raised she would not make representations at the meeting.

Ms Sherratt addressed the Sub-Committee and advised that the applicant owned three businesses which were all service stations with Premises Licences for 24 hours.  She advised that the other businesses were all bigger than these premises and had been well run with no complaints and no failed test purchases.  She informed Members that the Operations Manager had overseen the businesses for a number of years and that a Manager had been employed at these premises.  Ms Sherratt reported that the premises would offer a full range of goods and would also have a cash machine and lottery.  She advised that a number of improvements had already been made including the CCTV being upgraded with 16 cameras and till prompts and a refusals register at the premises.  She informed Members that there would be two full time and three part time members of staff and that Texaco ran a full training package and would train all staff.  She referred to the fact that no representations had been made by any of the Responsible Authorities and requested that the application be granted.

Ms Sherratt and the Operations Manager responded to questions from Members of the Sub-Committee and Mr D K Abraham, Legal Advisor to the Sub-Committee.

Mr Williams, local resident, advised Members that youths congregated within the vicinity of the premises and that there was an existing problem of anti-social behaviour in the area.  He believed that the extended times would result in public nuisance due to extended delivery times and the increase in traffic.  He informed Members that the premises was surrounded by residential properties and questioned the need for another licensed premises within the vicinity.  He also believed that anti-social behaviour and public nuisance would be caused by the sale of alcohol at the premises.

Mr Williams 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 had regard to the representations made by local residents as well as information provided by the applicant in support of the application.

In determining the matter, Members did not give consideration to the petition.

Members did however give consideration to the measures proposed by the applicant that would be put in place to ensure that the licensing objectives would be promoted and how the concerns of local residents would be addressed.  Members took into account the fact that the applicant had liaised with Merseyside Police and Trading Standards and in accordance with their recommendations had amended the application in relation to the hours for the sale of alcohol and the conditions to be attached to the Premises Licence.

Members noted the concern regarding the number of other licensed premises within the vicinity of these premises, however, took into consideration that no evidence had been provided by Merseyside Police that there was alcohol related anti social behaviour linked to the licensed premises in the area.  Members also took into account the Statutory Guidance which states that it is not a matter for the Licensing Authority to consider the need for premises or the issue of demand when determining applications.

In determining the matter Members also took into account the fact that no representations had been received from any of the Responsible Authorities.

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 Pensby Filling Station, Pensby Road, Pensby, be granted with the following hours:

Sale by Retail of Alcohol for consumption off the premises

Sunday to Saturday  08:00 to 23:00

Hours Open to the Public

Sunday to Sunday  06:00 to 23:00