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 Neil Quinn to vary a Premises Licence in respect of Mississippi’s, 4 Lancelyn Court Precinct, Spital Road, Bebington.

It was reported that the premises currently have a Premises Licence and the permitted hours were set out within the report.  The application to vary the Premises Licence was to allow the sale of alcohol for consumption both ‘on’ and ‘off’ the premises and to increase the licensed area to include the front outside area of the premises.

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.

In respect of the application three representations had been received from local residents.  The representations related to noise nuisance and anti-social behaviour which they stated was currently caused by customers standing outside the Premises.  The representations made considered that this would be exacerbated should customers be permitted to also consume alcohol in the area immediately outside the premises.  Copies of the representations were available.

The applicant attended the meeting by way of video conference together with a co-owner of the business.

A local resident also attended the meeting by way of video conference.

The Licensing Manager confirmed that all documentation had been sent and received.

The Licensing Manager outlined the report.

Mr Houghton, co-owner of the business addressed the Sub-Committee and advised that he and his partner had taken over the business five years ago.  He suggested that there may have been some issues in respect of the management of the premises by previous owners, however, he informed the Sub-Committee that the premises was currently run responsibly and that no issues had been raised in respect of the management of the premises from any regulatory authority. 

Mr Houghton reported that the application to vary the Premises Licence had been made in order to sustain the business in response to the current restrictions placed upon the operation of the business that had been brought about by the Covid-19 pandemic.  He advised that the owners of the business live locally and that there was no intention to cause any conflict with other residents in the locality.  He informed Members of the Sub-Committee that he estimated the area proposed within the application would allow approximately two or three tables to be placed directly outside the front of the premises.  He also advised that a barrier could be put in place to cordon off the area which could take the form of roping or planters.

In response to questions from the local resident and Members of the Sub-Committee, Mr Houghton advised that he wished the outside area to be used up to approximately 10.00 pm and that there was no intention for this area to be used until midnight.  He also advised that only the immediate vicinity at the front of the premises would be used.

The Licensing Officer displayed a map of the area to clarify where the premises was situated and the proposed area that was intended to be used.

The local resident in attendance at the hearing informed Members of the Sub-Committee that he had submitted his representation on practical grounds.  He believed the area intended to be used at the front of the premises was impractical and already busy due to smokers using this area.  He expressed concerns that other premises in the locality could be affected by potential disorderly behaviour caused by people drinking in a small space outside the premises, however, he advised that he had no issues with the current operation of the premises.

In response to the representations made by the local resident, Mr Houghton advised that the premises were part of a community hub and although he appreciated the concerns in respect of possible disruption or nuisance to local residents there was no evidence to suggest that this would occur in the way which the premises was currently being managed.  He advised that members of the public who were not his customers do stand near to his premises to smoke due to the location of a bin where individuals disposed of their used cigarettes.  He further advised that he actively cleaned the outside area.  Mr Houghton further submitted that there had been no representations from the residents who lived closest to the premises.

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 of the Licensing Act 2003 Sub-Committee had regard to the submissions made by Mr Houghton, co-owner of the business, along with supporting documentation submitted in advance of the hearing and the representations made by local residents both written and orally at the hearing.

Members gave consideration to the way in which the premises was currently managed and the fact that this had not given rise to a cause for concern to any of the Responsible Authorities, in particular Merseyside Police or the Licensing Authority.  Further, it was noted by the Sub-Committee that the local resident stated that the premises was currently being managed responsibly.

In determining the application Members also had regard to the fact that there were no representations from any of the Responsible Authorities, in particular Merseyside Police and had particular regard to the fact that no evidence had been submitted to support the representations that anti-social behaviour would be caused should the application to vary the Premises Licence be granted. 

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 Mississippi’s, 4 Lancelyn Court Precinct, Spital Road, Bebington be granted to allow the sale of alcohol for consumption both ‘on’ and ‘off’ the premises and to increase the licensed area as set out in the plan attached to the application.

(3)  That in addition to the conditions set out in the operating schedule, the following conditions be placed on the Premises Licence:

·  The maximum number of people permitted in the outside area at the front of the premises at any one time is twelve.

·  The maximum number of tables permitted in the outside area at the front of the premises at any one time is three.

·  No patrons are allowed to consume food or drink in the outside area at the front of the premises unless they are seated at a table.

·  The outside area at the front of the premises must be demarcated with the use of a physical barrier.

·  The outside area at the front of the premises must be clear of patrons and tables and chairs by 10.00 pm.

·  Notices must be displayed advising customers that the outside area at the front of the premises must be closed and cleared by 10.00 pm.

·  Drinks for consumption in the outside area at the front of the premises must be served in plastic vessels.