The Assistant Chief Executive reported upon an application that had been received from Jakleen Hanna for a Premises Licence in respect of Pizza Magic, 57 Market Street, Hoylake, under the provisions of the Licensing Act 2003.

The premises previously had a Premises Licence which had lapsed on 31 May 2016 due to the Premises Licence Holder, Hanna Trading Limited, being dissolved.  The hours permitted by the Premises Licence were outlined within the report together with the hours requested.

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.  Also, following discussions with Merseyside Police, the applicant had agreed to a number of conditions being placed on the Premises Licence should the application be granted.

Representations had been received from a local resident and also from the Hoylake Residents Forum.  The representations related to concerns that public nuisance would be caused if the application was granted with the hours requested.

A representation had also been received from the Planning Authority.  The Planning Officer had advised that should the application be granted, the licensing objectives relating to the prevention of public nuisance and the prevention of crime and disorder would be undermined.  Copies of the representations were available.

The applicant attended the meeting together with Mr and Mrs Taher.

Mr S Williamson, Planning Officer was also in attendance.

The Licensing Manager confirmed that all documentation had been sent and received and that the local residents who had made representations had advised they would not be in attendance.  The Licensing Manager also advised that Mr and Mrs Taher had been given permission to support the applicant.  The applicant had indicated that she wished to submit a petition and some photographs of other premises at the appropriate time, to which Mr Williamson had agreed.

The applicant addressed the Sub-Committee and explained that Hanna Trading Limited had been dissolved, however, the premises had still been operating as Pizza Magic.  Mrs Taher confirmed that there had been a change in the trading structure and that the application made was to continue operating as they had beenwhich was until 11.30 pm during the week and approximately 12.30 am at weekends and that these hours had been operated for over 10 years.  She advised that their main competitor was open until 1.00 am and believed that they would be at a great disadvantage should they not be permitted the same hours.  Mrs Taher informed Members that Pizza Magic was a local business which had been run by a local family for twenty eight years.  Mr Taher also advised that a significant amount of business was undertaken through online and telephone orders resulting in less customers attending the premises late at night.

The petition in support of the application was distributed to Members.

In response to questions from Members of the Sub-Committee and Mr A Bayatti, Legal Advisor to the Sub-Committee, the applicant confirmed that CCTV would be installed at the premises.  Discussions also took place in respect of the restrictions placed on the premises by the Planning Department and the Licensing Manager explained to the applicant that they were not permitted to operate beyond 11.30 pm, as the hours permitted by Licensing do not allow premises to operate beyond the hours permitted by Planning.

The Planning Officer addressed the Sub-Committee and reported that the application had been made to the Planning Department in 1994 which had been granted subject to a number of conditions, one of these being that the premises must not open beyond 11.30 pm.  Members  heard from the Planning Officer that whilst these premises had operated beyond the hours set out within the planning permission, the Planning Department had received no complaints in respect of these premises since 2009/2010. 

The Planning Officer responded to questions from Members of the Sub-Committee.  He informed Members that should the premises wish to trade outside of the hours permitted by the Planning Department, they would need to make another application to Planning or submit another Lawful Development Certificate.

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 written representations made by a local resident and also on behalf of the Hoylake Residents Forum in relation to concerns that public nuisance would be caused if the application was granted with the hours requested, however they considered that these representations did not set out any specific allegations or provide any evidence that anti-social behaviour or public nuisance was currently being caused by the premises.

Members had regard to the fact that no representations had been received from any of the Responsible Authorities and noted that the applicant had agreed to a number of conditions proposed by Merseyside Police. 

Members of the Licensing Act 2003 Sub-Committee considered that there was not sufficient evidence that the granting of the application would undermine the licensing objectives.

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 Pizza Magic, 57 Market Street, Hoylake, be granted with the following hours:

Late Night Refreshment

Sunday to Thursday  23:00 to 00:00

Friday and Saturday  23:00 to 01:00

Hours Open to the Public

Sunday to Thursday  16:00 to 00:00

Friday and Saturday  16:00 to 01:00