The Strategic Director of Regeneration and Environment reported upon an application that had been received from Moose in the Hoose Limited for a Premises Licence in respect of Hoose, 43 Market Street, Hoylake CH47 2BG, under the provisions of the Licensing Act 2003.

The premises had previously held a Premises Licence which had lapsed due to the previous Premises Licence Holder being dissolved.  The hours requested were outlined within the report and the application had been amended since it had been submitted to withdraw Live Music from the application and to add a condition in respect of the rear courtyard to be closed no later than 11.00 pm.

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 four local residents. The representations related to a history of noise from entertainment emanating from the premises.  Copies of the representations were available.

The Licensing Manager confirmed that all documentation had been sent and received and that Mrs McKinley would be speaking on behalf of another resident. Members were also advised that the applicant wished to submit some video footage to which Mrs KcKinley had no objections.

For clarification the Licensing Manager informed all parties of the permissions under the Live Music Act.

The applicants, Mr Jones and Mr Russell attended the meeting together with Mrs McKinley, local resident.

Mr Jones addressed the Sub-Committee and advised that

Members heard from the applicant that there were four owners of Hoose who were all professionals.  He advised that he had operated from the premises since February 2014.  He acknowledged that the premises had had a troubled past but that since he had operated the premises he had sought to comply with all relevant legislation and there had been no significant issues in respect of any of the licensing objectives.  He informed Members that there was a noise policy in place and that the premises operated a Challenge 25 Policy.  He advised Members that there had been complaints logged that the premises had not complied with planning requirements and public nuisance had been caused by noise coming from the premises, however he subsequently submitted evidence both in writing and through video footage that not all complaints could be upheld.  He referred to the fact that no representations had been received from any of the Responsible Authorities and that since he had owned the premises Merseyside Police had never made any visits.

The applicant responded to questions from Members of the Sub-Committee and Mr D K Abraham, Legal Adviser to the Sub-Committee.

Mrs McKinley addressed Members of the Sub-Committee and expressed her concerns in respect of noise nuisance which affected the residents who lived above and within the direct vicinity of the premises.  She informed Members that music could be heard emanating from the premises if the doors and windows were left open and that music could be heard from the courtyard.  Mrs McKinley believed that the problems of noise nuisance would be limited if no live music was played at the premises.  Mrs McKinley advised the Sub-Committee that she did not object to a Licence being granted should the premises not cause her nuisance. 

Mrs McKinley responded to questions from Members of the Sub-Committee and Mr D K Abraham and the applicant.

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.

In determining the matter, Members gave consideration to steps that could be taken by the premises to prevent public nuisance.

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 Hoose, 43 Market Street, Hoylake be agreed with the following hours:

Sale by Retail of Alcohol

Sunday to Saturday  11:00 to 23:30

Hours Open to the Public

Sunday to Saturday  11:00 to 00:00

Non-Standard Timings

New Years Eve

Sale by Retail of Alcohol  11:00 to 00:30

Hours Open to the Public  11:00 to 01:00

Recorded Music, Performance of Dance and

Anything of a Similar Description

  11:00 to 00:45

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

• No drink or food may be consumed in the rear yard beyond 9.30 pm.

• Signage must be displayed at entrances to the courtyard in respect of no food or drink to be taken into the area beyond 9.30 pm.