The Corporate Director for Business Management reported upon an application that had been received from Coretin Limited to vary a Premises Licence in respect of Nancie Henry Café, 50 Grange Road, West Kirby.

It was reported that the premises currently holds a Premises Licence and the proposed hours to vary the Premises Licence 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 application be granted and that the applicant had amended the terminal hour for the sale of alcohol.

In respect of the application, thirteen representations had been received from local residents.  One representation had also been received from a local business.  The representations related to concerns of noise nuisance from entertainment and customers which residents considered was currently a problem at these premises.  Copies of the representations were available.

Mr Barnes, Designated Premises Supervisor attended the meeting together with his colleague.

A number of local residents were also in attendance together with Ward Councillor, Councillor Cox.

The Licensing Manager confirmed that all documentation had been sent and received and that notice had been provided for Councillor Cox to speak on behalf of residents.

Councillor Cox queried the accuracy of the map attached to the report.

The Licensing Team Leader confirmed that this had been taken from a national database.

The Chair confirmed that this would be taken into consideration.

Mr Barnes advised Members that he had amended the application to reduce the terminal hour for the sale of alcohol to 12.00 midnight on Friday and Saturday and for the terminal hour for alcohol on all other days to remain at 11.30pm.  He also advised that he was not seeking to remove the conditions in Annex 3 of the Premises Licence regarding the restrictions on the use of the outside areas which included the balcony.

Mr Barnes informed Members that he was seeking to change his business operation due to the fact that his current business model was not financially viable.  Mr Barnes, on behalf of the applicant, set out the plans of how both the ground floor and first floor would operate as licensed areas.  Members were provided with details of the capacity of these areas both seated and standing.

Members heard details of events that had taken place at the premises under Temporary Event Notices and were made aware that four such events had taken place in 2019.

Mr Barnes acknowledged that during an event that took place in June 2018 the volume of the music did cause a nuisance to local residents which had resulted in one resident having to attend the premises to attempt to stop the nuisance that was being caused.  Mr Barnes advised that he had only been made aware of one complaint received by the Licensing Authority following the use of a Temporary Event Notice in respect of an event that took place in April 2019.

Mr Barnes reported that he operated a premium bar and that although the premises have a garden area, he advised that it was used infrequently.  Mr Barnes acknowledged that he had operated the premises outside of the current planning restrictions that limit the use of the outside area and prohibit the playing of music that is not background music and informed Members that he would liaise with the Planning Authority in respect of these matters.

Members heard from Councillor Cox on behalf of local residents who advised them that there were no concerns regarding the operation of the front of the property but that the real concerns of the residents related to the rear of the premises and the fact that they had operated outside of the current planning restrictions and licensing conditions attached to the premises.

Members heard from individual residents in respect of their personal experiences regarding the way in which the premises had been operated, in particular at times when the outside areas of the premises were being used and Temporary Event Notices were in use.  Residents expressed their concerns regarding nuisance that had also been caused by people being within the vicinity of the premises after closing time. 

Members noted that there was no evidence that nuisance that had been caused late at night by people being within the vicinity of these premises could be linked directly to Nancie Henry.  Members were made aware of the fact that a licensed premises was situated directly next door which operated later hours and also had a beer garden in close proximity to residential properties.

Councillor Cox advised Members that there were limited transport facilities in the area late at night however the applicant advised upon the measures that could be put in place to address this matter.

Members gave careful consideration to all the submissions made and had regard to the fact that there had been no representations submitted by any of the Responsible Authorities.

In determining the matter, 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 or variation 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 Nancie Henry Café, 50 Grange Road, West Kirby be granted as follows:

Sale by Retail of Alcohol

Sunday to Thursday  08:00 to 23:30

Friday and Saturday  08:00 to 00:00

Hours Open to the Public

Sunday to Thursday  07:00 to 00:00

Friday and Saturday  07:00 to 00:30

Late Night Refreshment

Sunday to Thursday  23:00 to 00:00

Friday and Saturday  23:00 to 00:30

Live Music / Recorded Music

The application for live music and recorded music which is required for the playing of such music beyond 11.00pm was refused.

Non-standard timings

From the start of the permitted hours on New Years Eve until the start of the permitted hours on the following day for all of the above Licensable Activities and Hours Open to the Public.

The application for non standard times on Bank Holiday weekends was refused.

Licensed Area

Members resolved to extend the licensed area to include the ground floor.

Members determined that in addition to the appropriate conditions proposed in the operating schedule and those proposed by Merseyside Police, the following condition be applied to the licence:

·  The details of local taxi firms to be promoted within the premises.