2.00 PM - APPLICATION TO VARY A PREMISES LICENCE UNDER THE PROVISIONS OF THE LICENSING ACT 2003 - THIRTY SIX, CONWAY STREET, BIRKENHEAD
The Legal Advisor to the Licensing Panel 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 David Doyle to vary a Premises Licence in respect of Thirty Six, Conway Street, Birkenhead.
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 application submitted was also to amend the plan attached to the Premises Licence to include an outside area and the applicant had proposed a number of conditions in relation to this.
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 had agreed to include a number of conditions on the Premises Licence should the variation be granted. These conditions were set out within the report.
In respect of the application a representation had been received from the Licensing Authority. The representation related to concerns of noise nuisance as the applicant wished to include the outside area on the Premises Licence. The Licensing Authority reported that complaints had previously been received from local residents relating to noise coming from inside the licensed premises.
A representation had been received from Environmental Health. The representation related to concerns in respect of noise nuisance emanating from the outside area should entertainment be permitted beyond 23:00 due to residential properties within the vicinity of the premises.
A representation had also been received from Ward Councillor Jean Stapleton, which related to residents being disturbed by loud noise coming from the outside area at a later hour. Copies of all representations were available.
The applicant’s legal representative, Mr Holland attended the meeting by way of video conference.
Mr A Bushell, representing the Licensing Authority and Mr N Joughin representing Environmental Health also attended the meeting by way of video conference.
The Licensing Manager confirmed that all documentation had been sent and received and that photographs had subsequently been received from the applicant and shared with Members of the Licensing Panel.
The Licensing Manager outlined the report.
Mr Holland, on behalf of the applicant, advised that the premises was currently managed by very experienced operators and that the business only operated at the weekend. Mr Holland informed Members that it would be the intention of the applicant to draw people to the area and create jobs through the provision of a different type of hospitality venue within the nighttime economy of Birkenhead. Members of the Licensing Panel viewed photographs and maps showing the location of the land as well as development that had taken place to date, including the location of a music deck with a built-in noise limiting device and strategically placed speakers.
Mr Holland reported that the outside area would be supervised at all times and that the noise limiter would be set in accordance with the recommendations from Environmental Health. He also informed Members that the applicant would be content for all the conditions that had been applied to the Premises Licence granted in August 2020 for this outside area to now be applied to this Premises Licence should the variation be granted. It was highlighted to the Licensing Panel by Mr Holland that there had been no representations from residents in respect of the application. Mr Holland also made reference to the fact that Merseyside Police were content that the conditions relating to plastic vessels and glass bottles that were currently on the Premises Licence did not need to be amended in respect of the outside area.
Mr Bushell, acting as the Responsible Authority Officer for the Licensing Authority, informed the Members of the Licensing Panel that he had submitted his representation due to concerns that the licensing objectives would be undermined should the application to vary the Premises Licence be granted, however, following a site visit, Mr Bushell advised that he was content that the premises could be managed in accordance with the licensing objectives should the application be granted. Mr Bushell did however express some concern at the use of glass bottles being permitted in the outside area as he believed this could undermine the purpose of using polycarbonate/plastic vessels.
The Environmental Health Officer, Mr Joughin advised that he was content with the measures proposed by the applicant which included the use of directional speakers and a sound limiting device. Mr Joughin reported that he was satisfied that this device could be set at a maximum noise level that could not be exceeded by the DJ and that this would limit the noise from the outside area so as not to cause a public nuisance. Mr Joughin reported that having taken these matters into consideration his concerns had been addressed and he subsequently had no objections to the application.
Members of the Licensing Panel had regard to the representations made by the Licensing Authority and Environmental Health both in writing and orally at the hearing. They noted that there had been a representation made by a Ward Councillor.
Members of the Licensing Panel were advised that following discussions with Merseyside Police, the applicant had agreed to include a number of conditions should the application to vary the Premises Licence be granted. Subsequently no representation had been made by Merseyside Police.
In determining the application, Members of the Licensing Panel gave consideration to the submissions made by Mr Holland on behalf of the applicant as well as the representations made by Environmental Health and the Licensing Authority and noted the written concerns expressed by a Ward Councillor. Members also had particular regard to the discussions that had taken place with Merseyside Police resulting in agreement in respect of conditions to be applied should the variation be granted. They also took into consideration that Merseyside Police did not consider it necessary or appropriate to make a representation following these discussions and took into account the experience of the applicant in running licensed premises.
In coming to their decision Members of the Licensing Panel had regard to the willingness of the applicants to work with Environmental Health to prevent public nuisance and the particular measures that would be put in place to promote the licensing objectives.
In determining the application Members also had regard to the fact that the premises was located within Birkenhead’s centre of night time economy.
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.
In determining the application Members of the Licensing Panel 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.
(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 Thirty Six, Conway Street, Birkenhead be granted with the following hours:
Sale by Retail of Alcohol
Thursday 10:00 to
Friday and Saturday 10:00 to 05:00
Sunday 10:00 to 05:00
Thursday 20:00 to
Friday and Saturday 20:00 to 05:00
Sunday 20:00 to 05:00
Recorded Music and Anything of a Similar Description
Thursday 10:00 to
Friday and Saturday 10:00 to 05:00
10:00 to 05:00
Late Night Refreshment
Monday to Thursday 23:00 to 04:00
Saturday 23:00 to
Sunday 23:00 to 05:00
Hours Open to the Public
Thursday 10:00 to
Friday and Saturday 10:00 to 05:30
Sunday 10:00 to 05:30
(3) That in addition to the conditions set out in the operating schedule, the following conditions be placed on the Premises Licence:
· Alcohol will not be served in the outdoor area after 02:00 daily
· No live music will be played in the outdoor area after 23:00 on any day.
· The volume of recorded music in all outdoor areas will be reduced to background level after 23:59 each day.
· No recorded music will be played in the outdoor areas after 02:00 on any day.
· The provision of late night refreshment will cease in the outdoor area no later than 02:00 each day.
(4) That the conditions agreed with Merseyside Police along with the conditions that are currently attached to the Premises Licence, granted on 20 August 2020, relating to the outside area be applied to this Premises Licence.