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

The Director of Law and Governance reported upon an application that had been received from Robert Casson to vary a Premises Licence in respect of Marine Street Social, Marine Point, Kings Parade, New Brighton.

It was reported that the premises currently have a Premises Licence and the permitted hours were set out within the report.  The hours applied for to vary the Premises Licence were also set out 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.

In respect of the application a representation had been received from a local resident.  The representation related to concerns of anti-social behaviour which could be caused by customers of the premises leaving at a late hour.

A representation had also been received from a local business.  The representation stated that customers of the Travelodge currently suffered a material disturbance from the premises due to the level of noise generated from the property, in particular the level of base and vibrations from music being played at the premises.  The concerns also related to the potential for anti-social behaviour to take place within the immediate vicinity of the Travelodge and for the safety of guests staying at the Hotel to be put at risk.  Copies of the representations were available.

The applicant attended the meeting by way of video conference together with his representative.

A local resident also attended the meeting by way of video conference.  Two Managers from the Travelodge were also in attendance by way of phone call who confirmed they were content for the hearing to proceed in the absence of their solicitor.

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

The Licensing Manager outlined the report.

Mr Barry, the applicant’s representative, addressed Members of the Sub-Committee and advised that the application to vary the Premises Licence had been made in order to extend the operating hours by half an hour due to customer demand.  Mr Barry explained that it had been a commercial decision which would provide further opportunities to employ more staff.  He informed Members of the Sub-Committee that the operation of the premises had been affected by restrictions imposed as a consequence of the Coronavirus pandemic and that the granting of the application would support the future viability of the business.

Mr Barry reported that the applicant had given careful consideration to the representations made in respect of the application and would be willing to work with the Travelodge to address the issues raised within their representation.

In response to concerns regarding how the premises would be managed should the hours for the sale of alcohol terminate at the same time as the hours that the premises would be open to the public, Mr Barry advised that he wished to amend the application to reduce the hours applied for in respect of the sale of alcohol by half an hour. 

Mr Barry, on behalf of the applicant, advised Members of the Sub-Committee that the number of door supervisors had been increased at the premises and believed that this would assist with the management of people both during the time they were at the premises and also when they were leaving to reduce any nuisance caused to people staying at the Travelodge.  Members were also advised that liaison had taken place between the applicant and the Travelodge and as a result soundproofing had been installed to reduce any noise nuisance caused by music emanating from the premises.

The local resident in attendance at the hearing informed Members of the Sub-Committee that she had submitted her representation due to concerns of noise nuisance and anti-social behaviour late at night, however she advised that further to hearing the assurances made by the applicant and his representative, she confirmed that she would be content for the amended application to be granted.

The Managers of the Travelodge addressed the Sub-Committee and provided details of issues that had been affecting customers of the hotel in relation to noise nuisance.  Members were advised that these issues included noise from customers on the roof terrace; people sitting at the tables outside until a late hour and people leaving the premises.  The Managers of the Travelodge acknowledged that the applicant had taken measures to address noise emanating from music at the premises through enhanced insulation, however they informed Members that they still had concerns that customers and other members of the public had been using the outside tables at a late hour which had resulted in the hotel receiving a number of verbal complaints.  They further advised that they were content with the amendments made to the application and the assurances provided by the applicant.

In response to concerns relating to the use of tables outside of the premises at a late hour, the applicant advised that they would be content to have a condition attached to the Premises Licence to prohibit the use of tables and chairs outside the premises beyond 21:00.

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.

In coming to their decision, Members gave consideration to the assurances provided by the applicant that the premises would be managed in such a way as to prevent any nuisance being caused to people staying at the Travelodge and to local residents.  Members also gave consideration to the proposal made by the applicant to have a condition attached to the Premises Licence to prohibit the use of tables and chairs outside the premises beyond 21:00 and that measures would be taken to prevent any gathering of customers in the area immediately outside the premises adjacent to the Travelodge.

Members of the Sub-Committee noted the willingness of the applicant to liaise with the Travelodge in respect of any concerns that may arise.

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. 

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 Marine Street Social, Marine Point, Kings Parade, New Brighton be granted with the following hours:

Sale by Retail of Alcohol

  Sunday to Thursday  08:00 to 23:30

  Friday and Saturday   08:00 to 02:00

  Live Music (unchanged)

  Sunday to Saturday   23:00 to 00:00

  Recorded Music

  Sunday to Thursday   23:00 to 00:00

  Friday and Saturday   23:00 to 02:30

  Late Night Refreshment

  Sunday to Thursday   23:00 to 00:00

  Friday and Saturday   23:00 to 02:30

  Hours Open to the Public

  Sunday to Thursday  08:00 to 00:00

  Friday and Saturday  08:00 to 02:30

  Non-Standard Timings:

  Sale by retail of Alcohol

  Christmas Eve   08:00 to 02:00

  Boxing Day   08:00 to 02:30

  An extension from the terminal hour on New Year's Day until 08:00.

  To commence at 07:00 for the three days of The Grand National Event.

  Bank Holiday Sundays   08:00 to 02:30

  Live Music (unchanged)

  An extension from the terminal hour on New Year's Day until 08:00.

  Recorded Music

  Christmas Eve   23:00 to 02:30

  Boxing Day   23:00 to 03:00

  An extension from the terminal hour on New Year's Day until 08:00.

  Bank Holiday Sundays   23:00 to 03:00

  Late Night Refreshment

  Christmas Eve   23:00 to 02:30

  Boxing Day   23:00 to 03:00

  An extension from the terminal hour on New Year's Day until 05:00.

  Bank Holiday Sundays   23:00 to 03:00

  Hours Open to the Public

  Christmas Eve   08:00 to 02:30

  Boxing Day   08:00 to 03:00

An extension from the terminal hour on New Year's Day until 08:00.

To commence at 07:00 for the three days of The Grand National Event.

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

·  The outside area at the front of the premises adjacent to the Travelodge must be closed and cleared no later than 21:00.

·  The outside area at the front of the premises adjacent to the Travelodge must be regularly monitored by staff to prevent persons congregating in this area after 21:00.