The Managing Director for Delivery reported upon an application that had been received from Sarah Jones to vary a Premises Licence in respect of Brew, 68-70, Wallasey Road, Liscard, under the provisions of the Licensing Act 2003.

It was reported that these premises currently held a Premises Licence and the request for extended hours were outlined within the report also the application to vary was to extend the licensed area to include the rear yard.

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 application be granted.

Three representations had been received from local residents.  The representations related to concerns regarding the close proximity of the outside area to residential properties and that nuisance would be caused by customers using this area.  Copies of the representations were available.

The applicant attended the meeting together with her partner.  Councillor B Mooney was also in attendance together with local resident Mr J Usher.

Councillor L Rowlands was in attendance at the meeting as an observer.

The Licensing Manager confirmed that all documentation had been sent and received and that the local resident in attendance had also been given permission to speak on behalf of other residents.  Aerial photographs of the premises had also been provided to identify locations.

The applicant, Ms Jones addressed Members and outlined how the premises would operate should the Premises Licence be varied.  She informed Members about how the premises would operate should a variation to the Premises Licence be granted.  She outlined the way in which the premises would be run should it be agreed to include the outside area in the Premises Licence and that this would be used primarily as a smoking area.  The applicant also advised that an acoustic fence had been erected in order to minimise noise emanating from the yard.

The applicant informed Members that further to discussions with one of the local residents who had made a representation and who was in attendance, she would be willing to reduce the hours originally applied for to fall in line with the hours outlined by Planning.

Ms Jones responded to questions from Members of the Sub-Committee, Mr A Bayatti, Legal Advisor to the Sub-Committee and the local resident.

Members heard from Councillor Mooney and Mr Usher, a local resident, of initial concerns relating to the close proximity of the outside area to Mr Usher’s property and concerns that nuisance would be caused by customers using this area, however Members further heard from Mr Usher that he was content with the amended application and was content with the assurances set out by the applicant in her letter to local residents, a copy of which was considered by Members.

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 noted the fact that there were no representations from any of the Responsible Authorities in respect of the application, in particular from Merseyside Police and Environmental Health.

Members had regard to the representations made by local residents both in writing and at the Hearing and in determining the application gave consideration to the type of operation proposed by the applicant as well as the measures that would be put in place to address the concerns raised.

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 to vary a Premises Licence in respect of Brew, 68-70 Wallasey Road, Liscard, be granted as follows:

The outside yard area to the rear of the premises to be included in the Premises Licence.

Sale of alcohol

Sunday to Saturday  12:00 to 23:00

Hours Open to the public 

Sunday to Saturday  7:00 to 23:30