The Chair announced that this meeting was being held virtually, was being webcast and a record would be retained.

The Director of Governance and Assurance reported upon an application that had been received from Fit Foods Wirral Limited for a Premises Licence in respect of Fit Grill, 1a Village Road, Oxton.

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 applicant agreed that a number of conditions be included on the Premises Licence relating to no open vessels, glasses, bottles to be allowed to be taken beyond the Licensed Area, CCTV, the primary use being as a café/restaurant and alcohol will only be sold as an ancillary to the provision of food and staff training.  Details of these conditions were outlined within the report.

In respect of the application a representation had been received from a local resident.  The representation related to concerns that noise nuisance would be caused by customers smoking outside the premises as well as customers and staff leaving the premises late at night.  Concern had also been raised regarding an increase in anti-social behaviour should the application be granted.  A copy of the representation was available.

The applicant attended the meeting by way of video conference.

The Licensing Manager confirmed that all documentation had been sent and received and that attempts had been made to contact the local resident who had submitted the representation, however, no response had been received in respect of his attendance at the hearing.

The Licensing Manager outlined the report.

Members of the Licensing Act 2003 Sub-Committee had regard to the submissions made by the applicant, Mr Robinson and the written representation made by a local resident.

Members heard from the applicant, Mr Robinson, who set out the application and referred to the hours applied for.  It was explained to the Sub-Committee that the applicant intended the premises to be operated as a restaurant promoting healthy food and drink and not as a bar for customers to consume alcohol without a meal. 

In response to the representations made by a local resident, Mr Robinson submitted that the premises would not cause a nuisance to local residents.  He advised the Sub-Committee that he had experience in operating licensed premises, the premises was limited to holding a maximum of 30 covers and there would be procedures in place to manage customers leaving the premises.  The applicant confirmed that he would be implementing a strict no smoking and no vaping policy outside of the premises and would display signs advising customers that this was the case and also that the storage of refuse would take place at the rear of the premises.  In addition, Mr Robinson agreed to amend the application to reduce the terminal hour for alcohol sales to 9.30 pm.

Members of the Sub-Committee were made aware that the applicant had agreed a number of conditions with Merseyside Police, one of which stated that the primary use of the premises shall be that of a café/restaurant and alcohol would only be sold as an ancillary to the provision of food.

The applicant responded to questions from Members of the Sub-Committee and Mr A Bayatti, legal advisor to the Sub-Committee.

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 measures that the applicant advised would be put in place to prevent public nuisance and to promote the licensing objectives as well as the conditions proposed by Merseyside Police.  Members also took into account the fact that there were no representations 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.

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 Fit Grill, 1a Village Road, Oxton be granted with the following hours:

Sale by Retail of Alcohol

Sunday to Saturday   08:00 to 21:30

Hours Open to the Public

Sunday to Saturday   08:00 to 22:00