APPLICATION FOR A PREMISES LICENCE UNDER THE PROVISIONS OF THE LICENSING ACT 2003 - 33-35 OLD CHESTER ROAD, BEBINGTON
The Corporate Director for Business Management reported upon an application that had been received from Mrs Vanitha Rajakuma for a Premises Licence in respect of 33-35 Old Chester Road.
It was reported that the premises are not currently operating and do not have a Premises Licence.
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.
Following discussions with Merseyside Police, the hours requested for the sale by retail of alcohol had been amended by the applicant to start an hour later from Monday to Thursday.
In respect of the application a representation had been received from the owner of 37 and 37A Old Chester Road. The representation related to concerns due to the hours requested which it was considered would undermine the licensing objective of the prevention of public nuisance. A copy of the representation was available.
The applicant’s husband attended the meeting together with the representative of the applicant, Mr Rushton.
The Licensing Manager confirmed that all documentation had been sent and received and that the applicant had given permission for her husband to speak on her behalf.
Mr Rushton addressed the Sub-Committee and advised that the application was for a new shop on Old Chester Road. He informed Members that the applicant had a great deal of experience in operating similar premises selling alcohol. He explained that the premises had been refurbished and would operate as a convenience store selling alcohol.
Mr Rushton outlined the extensive measures that would be put in place to prevent alcohol being sold in such a way that it would cause a nuisance to the community. These measures included a comprehensive CCTV system being installed in the premises, a Challenge 25 Policy, an electronic till prompt to prevent underage sales and staff training. Members also heard that deliveries would be made between 10.00am and 4.00pm so as not to cause a nuisance to neighbours. He referred to the representation that had been made and advised that the tenants who lived in the flat at those premises were content with the application and had signed letters to state this which he submitted to the Sub-Committee. In response to a question from the Licensing Manager in respect of sales of alcohol with an ABV over 6.5%, Mr Rushton advised that the applicant would be willing to sign up to a scheme on a voluntary basis.
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 written representation made by a local business owner as well as information provided by the applicant in support of the application.
Members noted that further to discussions with Merseyside Police, the hours requested for the sale of alcohol Monday to Thursday had been amended from
06:00 - 23:00 to 07:00 - 23:00.
In considering the application Members had regard to the representation made by the owner of adjacent property for which he has two tenancies. However, in considering this representation Members noted that the individuals occupying these properties had submitted a signed form which stated that they were content with the application.
In determining the application Members had regard to the fact that there were no representations from any other residents or 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.
(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 33-35 Old Chester Road, Bebington be granted with the following hours:
Sale by Retail of Alcohol
Monday to Thursday 07:00 to 23:00
Friday to Sunday 06:00 to 23:00
Hours Open to the Public
Sunday to Saturday 06:00 to 23:00